A first offense Miamisburg OVI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years. A 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. 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) The 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) The 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) The 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) The 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: If you refuse to take a chemical test, the State might still be able to prove you guilty of a first offense OVI if they 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.
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. 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.
The “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 Miamisburg 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 not only the mitigating factors that your attorney should know, but the not-so-good aspects of your case. 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 in Miamisburg. 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.
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. 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.
If you have trouble with ANY of the items above, contact your Miamisburg OVI attorney and they will help get your car back. Our office has even gone as far as having our staff drive to the tow lot on our client’s behalf. It is to your advantage to move quickly in order to save storage fees.
What does a first offense OVI defense cost? 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 would range from $9,000 to $24,000.” [source] In a story from CNBC citing that study, they speculate that total costs, absent you losing your job, could range as high as $20,000. While projecting costs without knowing your particular circumstance 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
Obviously, if you were to lose your job and/or your career because of an Beavercreek 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 and 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. 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. 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. The best way to explore how much a vigorous OVI defense will costs in your case, contact Charles M. Rowland for a free consultation.
For more information about a Miamisburg OVI, check out www.miamisburgovi.com.