Category: Miamisburg DUI Attorney

miamisburg ovi

First Offense Miamisburg OVI? Here’s What To Expect

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Miamisburg OVIMiamisburg OVI? I can help!

first offense Miamisburg OVI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years.  The first offense OVI can be charged in three ways.  The first charge is caused by testing over the legal limit of .08% B.A.C. (example O.R.C. 4511.19(A)(1)(d)).  These types of offenses are also referred to as “per se”  violations.  In addition, a second way to be charged is for violating the high-tier provision of Ohio’s OVI law.  Ohio has also created a per se “high-tier” limit of .17% BrAC, sometimes referred to as a SUPER-OVI.  The per se high-tier limits for a first offense OVI are set forth at O.R.C. 4511.19(A)(1)

  • (f) person has a concentration of seventeen-hundredths of one per cent or more by weight per unit volume of alcohol in the person’s whole blood.
  • (g) person has a concentration of two hundred four-thousandths of one per cent or more by weight per unit volume of alcohol in the person’s blood serum or plasma.
  • (h) person has a concentration of seventeen-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person’s breath.
  • (i) person has a concentration of two hundred thirty-eight-thousandths of one gram or more by weight of alcohol per one hundred milliliters of the person’s urine.
Appreciable Impairment Offenses

In addition, if you refuse to take a chemical test, the State might still be able to prove you guilty of a first offense OVI.  They must prove (beyond a reasonable doubt) that you  operated a motor vehicle after having consumed some alcohol, drugs of abuse, or a combination of the two and their ability to operate the motor vehicle was appreciably impaired.  How does a jury determine “under the influence?”  The following is an excerpt from the Ohio Jury Instructions:

“Under the influence” means that the defendant consumed some (alcohol) (drug of abuse) (combination of alcohol and a drug of abuse), whether mild or potent, in such a quantity, whether small or great, that it adversely affected and noticeably impaired the defendant’s actions, reaction, or mental processes under the circumstances then existing and deprived the defendant of that clearness of intellect and control of himself/herself which he/she would otherwise have possessed. The question is not how much (alcohol) (drug of abuse) (alcohol and a drug of abuse) would affect an ordinary person.

Jury Questions

Since the question is, what effect did any (alcohol) (drug of abuse) (alcohol and a drug of abuse), consumed by the defendant, have on him/her at the time and place involved, you need an attorney who can combat the State’s evidence. If the consumption of (alcohol) (drug of abuse) (alcohol and a drug of abuse) so affected the nervous system, brain, or muscles of the defendant so as to impair, to a noticeable degree, his/her ability to operate the vehicle, then the defendant was under the influence. The Ohio jury Instruction cites language from State v. Hardy (1971), 28 Ohio St.2d 89, 57 O.O.2d 284, 276 N.E.2d 247; and State v. Steele (1952), 95 Ohio App. 107, 52 O.O. 488, 117 N.E.2d 617.

“Appreciable impairment offense” is set forth at Ohio Revised Code 4511.19(A)(1)(a) which states,

(A)(1) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply:

(a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.

First Offense OVI Penalties

The following penalties are reserved for first offense OVI offenders.  Obviously, it is in your interests to hire counsel who can assess your case and provide you with an honest assessment of your case.  Be sure to discuss the mitigating factors that your attorney should know as well as the not-so-good aspects of your case.  In addition, judges have discretion to look at many factors in fashioning a remedy and your attorney should be able to give you an idea of how to approach your case so as to minimize any potential penalties.  Here are the range of possible penalties for a first offense OVI.

  • Jail – 3 Days Minimum up to 6 Months or,
  • Driver Intervention Program – For 3 Days
  • Jail – 6 Days (If Blood Alcohol Concentration .17 or Above)
  • License Suspension – From 6 Months to 3 Years
  • Reinstatement Fee – $475.00
  • Fine – From $375 to $1,075
Party Plates (Ohio’s Scarlet Letter)

When are yellow OVI plates required?  If you are convicted of OVI in Ohio, yellow “restricted plates” are required in certain circumstances.

  • If you are convicted of OVI as a first offense, the judge has discretion to order restricted plates as a condition of granting you limited driving privileges.
  • If you are placed under and administrative license suspension, a judge has discretion to order restricted plates as a condition of granting limited driving privileges.
Is an Interlock Ignition Device Mandatory?

The device is not mandatory on a first offense OVI.  Judges have discretion to require the ignition interlock device on first offenses, but on subsequent offenses the IID is mandatory.  It is important to speak with an experienced attorney who is familiar with the judge presiding over your case to get an idea of whether or not you will likely receive an ignition interlock device on a first offense.

Immobilization

If you do not have a prior OVI offense, getting your car back is relatively easy as Ohio OVI law does not authorize immobilization as a penalty for a first offense.  So, here are the steps you should take to get your car back.

  • Locate the proper tow lot;
  • Gather enough cash (or other proper payment) to pay towing and storage fees;
  • Gather proof of ownership; and
  • If you were placed under and Administrative License Suspension, get a licensed driver to drive your car from the impound lot.

Having trouble with ANY of the items above? We will help get your car back.  Need a ride? I sometimes drive clients to the tow lot myself.  Due to high costs, move quickly in order to save storage fees.

What does a first offense OVI defense cost?

Frequently, we encounter many people who want a rational, economic justification for hiring an OVI attorney on a first offense OVI.  The only study I could find on this topic was a 2006 Texas Department of Transportation study which calculated the costs of a drunk driving conviction. “In that state showed the total costs of a DWI arrest and conviction for a first-time offender with no accident involved ranges from $9,000 to $24,000.” [source]  In addition, a story from CNBC citing that study, they speculate that total costs, absent you losing your job, could range as high as $20,000.  Because pricing your case is wildly speculative, here are some of the expenses you may realize:

  • Court costs.
  • Attorney fees.
  • Loss of job.
  • DUI “school.”
  • Temporary loss of income.
  • Car towing, impounding.
  • Alternate transportation costs.
  • Car ignition interlock device.
  • Periodic blood testing.
  • Monthly monitoring fees.
  • Cost of incarceration.
  • Increased auto insurance premiums
CONTACT MIAMISBURG OVI ATTORNEY CHARLES M. ROWLAND II

Obviously, if you were to lose your job and/or your career because of an OVI conviction, the lifetime costs skyrocket.  Insurance premiums, damages caused by personal injury or costs of restitution for property damages also cause the costs to climb.  Some of the expenses highlighted above can take years to come to fruition.  The lingering effects of having a drunk driving conviction may be with you for life.  The good news is that a good OVI attorney can significantly curb the financial detriments incurred in a OVI case.  Yes, a good attorney can save you money. While predicting what an attorney can save you is just as wildly speculative as predicting costs, it is common for many of the costs to be subject to negotiation and/or reduction.  In addition, a reduction of the charge will not only lower the possible maximum fines, but can also get rid of ugly mandatory punishments required by Ohio’s OVI statute. O.R.C. 4511.19.  Therefore, best way to explore how much a vigorous OVI defense will costs in your case, contact Charles M. Rowland for a free consultation. Finally, know that we care about our clients. For over twenty years I have been an OVI attorney. For the last 10 plus years I have practiced exclusively OVI law. I want you to win.

For more information about a Miamisburg  OVI, check out www.miamisburgovi.com.  

 

Defending Your Miamisburg OVI Charge – Call (937) 318-1384

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Miamisburg OVICharged with a Miamisburg OVI?

I am proud of the hard work I did for clients in the Miamisburg Municipal Court. Since 1995, I have appeared on behalf of the accused drunk driver. For most of those years, my practice has been dedicated exclusively to OVI (drunk driving) defense.

Please visit the biography/credential pages of this blog to learn more about my experience.  I am uniquely qualified to be your Miamisburg OVI lawyer. In addition, I was a municipal court prosecutor, a mediation judge and a special prosecutor in OVI cases. What’s more, I received certification on the BAC DataMaster and the Intoxilyzer 8000.  I am a frequent lecturer on topics related to OVI defense.  Most recently I spoke to the Clark County Bar Association on DUID (drugged driving) and to the Green County Bar Association on OVI motions to suppress.

Here is some information about the court.

If you are arrested on suspicion of a Miamisburg OVI (drunk driving) in MiamisburgWest Carrollton,GermantownGerman Township or Miami Township, your misdemeanor DUI case will be heard in the Miamisburg Municipal Court.  The Honorable Robert W. Rettich III  is the Judge of the Miamisburg Municipal Court which is located at 10 N. First Street, Miamisburg, Ohio 45342, serves a population of over 80,000 and handles in excess of 15,000 cases per year.  The court is open Monday through Friday, 8:00 am — 4:00 pm and can be reached at (937) 866-2203.  The Miamisburg Municipal Court has a very good web site that you can access at www.miamisburgcourts.com.  Follow the links below to utilize popular aspects of the Court’s site:

All I do is DUI defense.”

 Find Miamisburg OVI and other local court information at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville 

 

Driving Privileges in the Miamisburg Municipal Court

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The Miamisburg Municipal Court has devoted a section of its website to obtaining driving privileges. Here are links to various types of suspensions:

Each of the sites tells you how to apply for and receive privileges through the court.  Be aware that an arrest for OVI (operating a vehicle impaired, a.k.a DUI) will result in an ALS suspension.  If you submit to a chemical test and the results are at or above the legal limit, your license will be suspended, immediately, for 90 days. No driving privileges can be granted for the first 15 days. If you refuse to submit to a chemical test, your license will be suspended, immediately, for one year, and you will not be eligible for limited driving privileges for the first 30 days. The duration of the suspension and time without limited driving privileges are extended for those who have committed more than one OVI offense.

Miamisburg Municipal CourtIf you have been arrested for OVI in the Miamisburg Municipal Court contact Miamisburg OVI attorney Charles M. Rowland II at (937) 318-1384.
Miamisburg DUI Attorney

Do I Need To Appear In The Miamisburg Municipal Court?

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For anyone facing a DUI charge in the Miamisburg Municipal Court your first appearance in court will be a mandatory appearance unless you hire an attorney prior to the date.  The first appearance (called an arraignment) on a DUI charge requires an appearance. Traffic offenses which are NOT waiverable and therefore DO require a court appearance are as follows:

Any felony/ indictable offense

Operating a vehicle under the influence of alcohol or drugs of abuse

Leaving the scene/ personal injury or death resulting

Allowing a minor to drive (no O.L)

Driving while under suspension or revocation

All school zone/ bus violations

A third or more moving violations within twelve (12) months

Eluding or fleeing an officer

Drag racing

All driver’s license violations/ suspensions

Physical control of a motor vehicle

 

 

Charles M. Rowland provides a 24 hour number to help you out if you face a DUI charge in the Miamisburg Municipal Court. You can call (937) 776-2671 or visit MiamisburgDUI.com  for more about the court.

Miamisburg DUI Attorney And The Miamisburg Municipal Court

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If you have been accused of a drunk driving offense in Miamisburg, contact Miamisburg DUI attorney Charles Rowland immediately!


Charles M. Rowland II regularly appears in the Miamisburg Municipal Court representing the accused drunk driver. He has established both www.MiamisburgDUI.com and www.MiamisburgOVI.com to help you access court services and learn about services provided. Access to the court concerns cases arising anywhere in Miamisburg or West Carrollton.

miamisburg dui attorneyMiamisburg DUI Attorney Charles Rowland dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio. He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 Hotline at (937) 776-2671. You can have us at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500. Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of our blog. You can email: CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.

“All I do is DUI defense.”

For more info on Miamisburg DUI Attorney Charles Rowland, check these city-specific sites at the following links:

Fairborn, Dayton, Springfield,Kettering,Vandalia,XeniaMiamisburg,Huber HeightsSpringboroOakwood,Beavercreek, Centerville