Driving a motor vehicle requires constant concentration and awareness to be safe and avoid collisions with other vehicles, bicycles, and pedestrians. Alcohol and other drugs, though, can affect your focus and slow down your reflexes. That makes it extremely dangerous to be behind the wheel and the reason why it is illegal to drive while intoxicated. Police are always on the look-out for drunk drivers, and you may find yourself being accused of operating a vehicle under the influence (OVI), even if you have only had one drink.
While being arrested and charged may feel like your world and future have come crashing down, it does not always need to result in a severe punishment, especially if you do not have a prior criminal record. As a Pomeroy first-offense OVI lawyer, I could help you build a defense against the charges and represent you throughout the criminal justice process.
Drunk driving goes by many shorthanded nicknames, like driving under the influence (DUI) and driving while intoxicated (DWI). The official term in Ohio is operating a vehicle under the influence (OVI) under the Ohio Revised Code § 4511.19.
A person’s level of intoxication is measured by their blood alcohol content (BAC), which is the percentage of alcohol present in their bloodstream. According to the Ohio Rev. Code § 4511.19(A)(1)(b), the legal limit is a BAC of 0.08 percent, and driving a car at or above this level is illegal. However, two people can have the same number of drinks in the same amount of time but feel the effect in very different ways. Unfortunately, this can lead someone into mistakenly believing they are okay to drive and facing criminal charges after being pulled over by the police.
The criminal penalties for a conviction could include a monetary fine, jail time, and probation, depending on several factors. The court bases its decision on things like the person’s BAC at the time of the arrest and if they caused an accident. The administrative penalty is usually in the form of a suspended license for one to three years, or limited driving privileges.
Even for a first-time offense, an OVI conviction in Pomeroy can have serious consequences, which is why talking to a skilled attorney is essential. The criminal justice process is complex and could result in a potentially harsher punishment without having proper legal representation.
Depending on the full facts surrounding the arrest, there could be several possible defenses against the charges. Starting with the traffic stop itself, as the police must have proper reason to pull over a vehicle. In addition, everyone has the right to remain silent, which is why it is important not to say anything to the police until you have spoken to a lawyer. I can evaluate the evidence, including the police reports and test results for potential weaknesses or inadmissibility.
The breathalyzer is a common tool used to measure a person’s BAC, and the results are a key piece of evidence for the prosecutor. However, I know the ways to challenge the accuracy of these results, such as technological malfunction or improper administration. This gives my clients another option for their defense.
Even if prosecutors have enough evidence for a conviction, there are ways to avoid an overly harsh punishment. As your criminal defense attorney, I could negotiate with the prosecutor for a plea agreement with reduced charges or penalties, saving the time and expense of a trial. I could also advocate for alternative sentencing options like rehabilitation, pretrial diversion programs, and community service.
Pomeroy police and prosecutors take OVI charges very seriously, even for first-time offenders. Whether it is negotiating with the prosecutor or advocating for you in the courtroom, I am at your side throughout.
If you have been accused of drinking and driving, you need a Pomeroy first-offense OVI lawyer to defend your rights and work towards a fair outcome. I have over 25 years of experience as a defense attorney, and I am here to help you.
I could provide you with support through this difficult time and guidance on your legal options. Call me, Andrew H. Stevenson, and talk to me about your case so we can start building your defense.
Client was accused of being under the influence of narcotics. Drug Recognition Expert (DRE) was successfully challenged.
