OVI Attorney in Cincinnati, OH

Several acronyms are used to describe the crime of driving under the influence of alcohol or drugs but the correct term is now Operating a Vehicle Impaired (OVI). You will also hear several other terms including Driving Under the Influence (DUI), Driving While Impaired (DWI), Driving with an unlawful BAC level (DUBAL), or Operating a Motor Vehicle Impaired (OMVI). If the driver is under 21, then the crime is called "Operating a Vehicle After Underage Consumption" (OVUAC). Regardless of the terms used, the consequences of a conviction for OVI or OVUAC is very serious.

A person who is found guilty of drunk driving in the Cincinnati area may be ordered to pay large fines, serve time in jail or prison, suffer a license suspension, and be required to install the ignition interlock device.

If you have been arrested in Ohio for OVI, it is critical that you immediately seek legal representation. The Cincinnati OVI Attorneys at Joslyn Law Firm aggressively defends clients in the greater Cincinnati area against all types of drunk driving charges. We are experienced in fighting a refusal case, or a case involving a blood, breath or urine test.

Whether it is your first OVI charge or you have previous convictions for drunk driving, our law firm can investigate every aspect of your arrest to develop the best defense possible. We will provide an honest and thorough review of your case during a free, confidential consultation. Call (513) 399-6289 today to discuss the case


Information Center for OVI Cases in Cincinnati, Ohio


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Ohio DWI Penalties

The consequences of an OVI conviction in Cincinnati depend on whether a person has previous offenses and what his or her blood alcohol concentration (BAC) was or if he or she refused the test. Under Ohio Revised Code § 4511.19, the penalties for operating a vehicle under the influence of alcohol or drugs include:

  • First DUI in six years, BAC 0.08 or higher, but less than 0.17 — First-degree misdemeanor, minimum three days in jail or drivers intervention program (DIP) up to six months in jail, up to $1,075 in fines, license suspension of up to three years.
  • First DWI in six years, breath test refusal or BAC 0.17 or higher — First-degree misdemeanor, minimum six days in jail or three days in jail and three days in DIP up to six months in jail, up to $1,075 in fines, license suspension of up to three years, mandatory yellow restricted license plates, possible installation of ignition interlock devices.
  • First OVUAC in one year — Fourth-degree misdemeanor, up to 30 days in jail, up to $250 in fines, license suspension of up to two years.
  • Second OVUAC in one year — Third-degree misdemeanor, up to 60 days in jail, up to $500 in fines, license suspension of up to five years.
  • Second OVI in six years, BAC 0.08 or higher, but less than 0.17 — First-degree misdemeanor, minimum 10 days in jail or five days in jail and 18 days house arrest with electronic monitoring (HAEM) and/or continuous alcohol monitoring (CAM) up to six months in jail, up to $1,625 in fines, license suspension of up to five years, mandatory yellow restricted license plates, installation of ignition interlock device required if alcohol-related, optional if drug-related, immobilization of your vehicle for 90 days.
  • Second DUI in six years, breath test refusal or BAC 0.17 or higher — First-degree misdemeanor, minimum 20 days in jail or 10 days in jail and 36 days HAEM and/or CAM up to six months in jail, up to $1,625 in fines, license suspension of up to five years, mandatory yellow restricted license plates, installation of ignition interlock device required if alcohol-related, optional if drug-related, immobilization of your vehicle for 90 days.
  • Third DWI in six years, BAC 0.08 or higher, but less than 0.17 — Unclassified misdemeanor, minimum 30 days in jail or 15 days in jail and 55 days house arrest with HAEM and/or CAM up to one year in jail, up to $2,750 in fines, license suspension of up to 10 years, mandatory yellow restricted license plates, installation of ignition interlock device required if alcohol-related, optional if drug-related, forfeiture of your vehicle.
  • Third OVI in six years, breath test refusal or BAC 0.17 or higher — Unclassified misdemeanor, minimum 60 days in jail or 30 days in jail and 110 days house arrest with HAEM and/or CAM up to one year in jail, up to $2,750 in fines, license suspension of up to 10 years, mandatory yellow restricted license plates, installation of ignition interlock device required if alcohol-related, optional if drug-related, forfeiture of your vehicle.
  • Fourth or Fifth DUI in six years or Sixth DWI in 20 years, BAC 0.08 or higher, but less than 0.17 — Fourth-degree felony, minimum 60 days up to one year local incarceration or 60 days in prison with option of additional six to 30 months, up to $10,500 in fines, possible lifetime license suspension, mandatory yellow restricted license plates, installation of ignition interlock device required if alcohol-related, optional if drug-related, forfeiture of your vehicle.
  • Fourth or Fifth DWI in six years or Sixth DUI in 20 years, breath test refusal or BAC 0.17 or higher — Fourth-degree felony, minimum 120 days up to one year local incarceration or 60 days in prison with option of additional six to 30 months, up to $10,500 in fines, possible lifetime license suspension, mandatory yellow restricted license plates, installation of ignition interlock device required if alcohol-related, optional if drug-related, forfeiture of your vehicle.
  • Second Felony OVI, BAC 0.08 or higher, but less than 0.17 — Third-degree felony, minimum 60 days in prison up to five years, up to $10,500 in fines, possible lifetime license suspension, mandatory yellow restricted license plates, installation of ignition interlock device required if alcohol-related, optional if drug-related, forfeiture of your vehicle.
  • Second Felony DWI, breath test refusal or BAC 0.17 or higher — Third-degree felony, minimum 60 days in prison up to five years, up to $10,500 in fines, possible lifetime license suspension, mandatory yellow restricted license plates, installation of ignition interlock device required if alcohol-related, optional if drug-related, forfeiture of your vehicle.

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Defenses Against DWI Charges

Every OVI case is different, but some of the most common reasons that charges can be reduced or dismissed include, but are not limited to:

  • An unlawful stop of the vehicle without probable cause or reasonable suspicion;
  • Failure to read Miranda Warnings prior to a custodial interrogation; 
  • Improperly administered chemical or field sobriety tests;
  • Problems with the plan or execution of the plan for a sobriety checkpoint in Cincinnati, OH;
  • Inaccurate breath test reading on the breathalyzer or Intoxilyzer 8000 test results;
  • Problems with the blood test;
  • No probable cause for arrest;
  • Non-alcohol factors causes of signs or symptoms of intoxication; or
  • Procedural errors by police officers.

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Find a OVI Lawyer in Cincinnati, Ohio

We represent clients charged with OVI throughout Hamilton County, OH, and the southwest part of the state. The county was named after the first Secretary of the Treasury, Alexander Hamilton. As the third most populous county in the state, it has a population of more than 800,000 people and covers 413 square miles. The City of Cincinnati is the county seat.

Our attorneys represent clients on criminal traffic offenses such as Operating a Vehicle Under the Influence (OVI), Driving Under Suspension (DUS) and
Reckless Operation.

You need to begin working with skilled legal representation as soon as possible if you have been arrested for DUI in Cincinnati. Even if you submitted to chemical testing and you feel certain that a guilty plea is in your future, an experienced criminal defense attorney at Joslyn Law Firm can investigate to see if any error or oversight during your arrest could possibly absolve you of all wrongdoing.

 

Brian Joslyn has been certified in the operation, diagnostic, verification and calibration of the BAC Datamaster Breath Alcohol Testing Instruments manufactured by National Patent Analytical Systems, Inc. as well as National Highway Traffic Safety Administration-certified as an instructor in the administration of standardized field sobriety tests. He is familiar with the tactics used by law enforcement agencies in Hamilton County and the Hamilton County OVI Task Force.

Let him review your case to evaluate your legal options by calling (513) 399-6289 today to schedule a free, no obligation consultation. The attorneys at Joslyn Law Firm also represent clients in the surrounding counties including: Butler County to the north, Warren County to the northeast, and Clermont County to the east.

This article was last updated on Friday, November 20, 2015.