OVI / DUI / DWI

Akron OVI Lawyers

DUI / OVI / DWI Attorneys Akron, Ohio

The experience of being charged with a DUI or OVI is stressful and frustrating. You may feel powerless against the police as if you have no rights. This is not true. You do not have to plead guilty. There may be defense strategies we can use even if you took the breath test or were arrested at a DUI checkpoint.

OVI Questions and Answers

Here are some basic questions and answers that will help you understand OVI charges.

What is an OVI?

 In Ohio, this is what the Legislature calls “drunk driving”. OVI stands for operating a vehicle under the influence. You may have also heard the terms; DWI (driving while intoxicated), or DUI (driving under the influence). Commonly OVI’s are related to alcohol, but they can also result from driving while under the influence of any drug of abuse or prescription medication.

OVI Questions Generally

1) Should I submit to a breathalyzer test?

 This is a complicated question. The best answer is; it depends. In general you should not consent to any tests that will give the prosecutor evidence to use against you. This includes any and all field sobriety tests. Specifically, there are times where submitting to a breathalyzer is the best decision. E.g. when you have had nothing to drink, when you were not driving etc….

2) Am I allowed to refuse Field Sobriety Tests?

Yes, the Police Officer cannot force you to take any tests. You should respectfully decline and realize that the entire interaction you are having is being both audio and video recorded. Keep this in mind when you are making choices on how to act during the traffic stop and subsequent arrest. If you would not say or do it in front of a judge in court, then do not say or do it during an OVI stop.

3) What happens after I refuse the tests?

Most likely, you will be arrested and taken to the police station for a breathalyzer test. After you refuse that, you will be booked and released to friends or family. Also, expect the Police Officer to be upset with your choice to refuse. Think of it this way, you politely refusing to submit to tests, undermines his ability to secure a possible future conviction.

4) Can I speak to an attorney before deciding?

Depends, the officer will not let you speak to an attorney on the roadside before doing the standard field sobriety testing. However, the officer should let you have access to a telephone before deciding to submit to a breath test.

 

If you have been charged with, or arrested for OVI. You have questions, Here are some answers?

1) How do you get driving privileges?

Driving privileges are awarded at the discretion of the Municipal Court Judge in the jurisdiction of your arrest. So depending on where you were arrested, the steps to apply for privileges may vary.

In general, driving privileges are awarded to first and second time OVI offenders after the statutory hard time period is over. Here is a chart regarding statutory hard time for driving privileges for refusal to take breathalyzer:

Refusal of Chemical Test R.C. 4511.191(B)

No. of Refusal/ in 6 years

Type and Length of suspension

Driving Privileges

Party Plates

Ignition Interlock

1st

Class C (1 year)

After 15 days

Optional

Optional

2nd

Class B (2 years)

After 90 Days

Optional

Optional

3rd

Class A (3 years)

After 1 year

Optional

Optional

4th or more

5 years

After 3 years

Optional

Optional

Here is a chart regarding statutory hard time for driving privileges for failing the breathalyzer test:

Failed Chemical Test R.C. 4511191(C)

No. of Offense/ in 6 years

Type and Length of suspension

Driving Privileges

Party Plates

Ignition Interlock

1st

Class E (90 days)

After 15 days

Optional

Optional

2nd

Class C (1 year)

After 90 Days

Optional

Optional

3rd

Class B (2 years)

After 1 year

Optional

Required

4th or more

Class A(3 years)

After 3 years

Optional

Required

 

2) So do I lose my license for refusing no matter what?

No, you have a right to contest of dispute the administrative license suspension if you act quickly. Ohio Revised Code 4511.197 provides for a hearing on the matter of you (ALS) or administrative license suspension.

3) If I win my OVI will I still be suspended?

Not usually, but it is possible. If the case resolves in a reduction in charge or in offense level, the time spent under suspension will routinely be credited towards your eventual court suspension.

 4) Will an OVI effect my CDL?

 Yes, a conviction for OVI will result in a year suspension of you CDL privileges. A second conviction will result in your CDL being suspended for life.

We Help with DUI Charges

Noah Munyer Attorney at Law has dealt with many DUI/OVI cases and are familiar with the tactics police departments use and the defenses that work against them. Using the specific facts of your case, we will strategize a plan and work toward the most favorable outcome on your behalf. You do not have to let a DUI put your life on hold. Contact our offices for a free DUI consultation.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.