Understanding Your First-Offense OVI
Facing a first-offense OVI can be daunting. Whether it’s a first OVI offense in Ohio or elsewhere, you should know what is at stake in your case and how to build a defense against your charges. An OVI, or Operating a Vehicle Impaired, is a serious charge with significant consequences. As a first-time DUI offender, you might be overwhelmed with questions and concerns about what comes next.
At Bowen, Scranton, & Olsen, LLC, we are committed to helping you through this challenging time. Our DUI lawyers can provide you with the guidance and support you need through your first-time OVI/DUI conviction. We focus on straightforward communication, ensuring you understand every step of the process.
Low Vs. High Test OVI
When charged with a first-offense OVI, it is essential to understand the difference between a “low test” OVI and a “high test” OVI. A “low test” OVI occurs when your blood alcohol content (BAC) is between .08% and .17%. Penalties for convictions in this BAC can include a license suspension for up to six months, fines and possible community service.
In contrast, a “high test” OVI involves a BAC of .17% or higher. The consequences are more extreme, often resulting in longer license suspensions, higher fines and the mandatory installation of an ignition interlock device. Understanding these differences can help in crafting a defense strategy tailored to your specific situation.
Consequences Of A First-Time OVI Offense
A first-offense OVI in Ohio carries several potential consequences. You may face a license suspension ranging from six months to three years. A high test OVI often comes with worse consequences, including longer jail sentences and fines of thousands of dollars or more. Additionally, you might be required to attend alcohol education programs or install an ignition interlock device on your vehicle. These penalties highlight the importance of securing a knowledgeable defense team.
To help you overcome your charges, we will explore all available options of beating your charges, including through defense strategies like proving lack of probable cause, not conducting proper OVI tests and police errors. We also look into negotiating for reduced charges and penalties, as well as looking for grounds to dismiss your charges altogether.
Additional Guidance Through Your OVI Charges
As we represent you, we will also keep you informed about your case and answer your questions along the way.
How can you challenge standardized field sobriety tests?
The SFSTs must be conducted within “substantial compliance” with the guidelines trained to the officers through the NHTSA manual. If the officers do not administer the tests correctly, they are no longer reliable indicators of impairment and can be suppressed as evidence in the case. Even if an officer administers a test correctly, he can score a subject incorrectly. If an officer scores an individual incorrectly, the credibility of the officer’s decision to arrest an individual can be questioned based on the officer’s assessment of their impairment.
How can you challenge a refusal to take a chemical test?
A refusal to take a chemical test cannot be requested until an officer has sufficient evidence to believe you were operating a motor vehicle and that you are impaired. Additionally, the refusal can be challenged as evidence in a case if you were given improper information, too much information or if your decision to refuse was based solely on your request to speak to an attorney. If an officer fails to establish the reason for the request for the chemical test, fails to make his request for a chemical test properly or fails to show that you did refuse to take a test, the evidence of a refusal could be excluded.
How can you challenge a chemical test result?
It is possible to challenge a chemical test result in several ways. First, the state will need to show that the test was obtained after getting consent or after a warrant was properly issued. Next, the state will need to show that the sample was collected in both the appropriate manner and within the appropriate time frame. The state will have to show that the operator of the equipment was properly trained, certified and actively permitted to conduct the test. The state will have to show that all the equipment used was in proper working order and that it has been calibrated according to current standards under the Ohio Administrative Code. If any one of these conditions is not met, the chemical test in your case could be excluded.
Get The Representation You Need Against Your OVI Charges
If you are dealing with a first-offense OVI, do not wait to seek legal assistance. Contact Bowen, Scranton, & Olsen, LLC, right away. Even a first OVI offense in Ohio requires prompt and effective action. Reach out to our Columbus office by calling 614-254-6517 or email us here to schedule your initial consultation and take the first step in building a defense against your charges.