Tag Archives: ovi penalties

Ignition Interlock Devices For Everyone – We Warned You!

H.B. 469 (Annie's Law) presented at the Ohio Statehouse on Thursday will require an ignition interlock device  be installed on the vehicle of all convicted drunk drivers, including first-time offenders.  Ohio law currently prescribes "blow to go" devices for repeat drunk driving offenders, but not on a first offense.  We have longed warned (previous story HERE)…
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Petition for ALS Driving Privileges in the Vandalia Municipal Court

Q. How can I obtain ALS driving privileges in the Vandalia Municipal Court? If you are stopped for an OVI, DUI or drunk driving and you refuse to take a chemical test (breath, blood or urine), or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the police officer can and will take your driver’s…
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First Offense DUI – What To Expect

A first offense DUI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years.  A first offense DUI 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…
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Prior Convictions Used To Enhance An OVI

It is not uncommon for a client to choose my representation on a second, third, or fourth OVI offense.  One of the first things we check is whether or not the client was represented by an attorney in the previous convictions.  We also check to see if the prior plea had a valid waiver of…
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Roadside Seizure: Some Definitions (by DaytonDUI)

There are a number of legal terms that apply to the government's ability to take your stuff.  Here is a guide to help you understand the different terms which may apply to your case. 1. Seizure.  Your car may be subject to seizure at roadside at the time of your arrest under certain circumstances.  The…
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Ohio OVI Penalties

Ohio's legislature is constantly tinkering with the OVI statute, R.C. 4511.19.  This can be tough on attorneys trying to provide information in the internet age as internet articles and blog posts are not bio-degradable.  The law changes and old posts do not.  One site that provides constant updates on the current OVI penalties is Judge…
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A First Offense OVI In Ohio

A first offense 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…
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Vehicle Immobilizations (by DaytonDUI)

An arrest for drunk driving has many harsh and unintended consequences.  One of the most vexing is immobilization. When a person is arrested for DUI the arresting officer has discretion as to whether or not the suspect's car will be towed.  Sometimes safety concerns, agency policy or other  concerns will cause the officer to call…
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Driving Under Suspension in Ohio

Image via Wikipedia Ohio’s Driving Under Suspension (DUS) law is formidable.  The statutory scheme encompasses over 20 different types of suspensions ranging from Automatic License Suspensions for DUI offenses to suspensions for failing to purchase adequate insurance coverage. Please click on the links below for specific information. If you need additional information on Ohio’s DUS…
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Repeat Offenders: Increased Penalties for Multiple OVIs in Ohio

[caption id="" align="alignleft" width="210" caption="Image via Wikipedia"][/caption] A second offense OVI in Ohio will result in mandatory "party plates," ignition interlock devises, a mandatory one year license suspension, mandatory drug/alcohol treatment and increases the mandatory incarceration period to ten (10) consecutive days minimum.  In addition, your vehicle will be immobilized ("clubbed") for 90 days.  If…
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