Ohio Police officers most follow proper protocol when administering an OVI breath test. If they do not, the evidence should be thrown out.
A US Army Veteran was charged with a 3rd Offense OVI in Franklin County and charged with Driving Under Suspension after getting into a car accident. After he was arrested and charged with OVI in Columbus, the Client provided a breath test and
blew over the legal limit. Because it was his 3rd time being charged with OVI in 10 years the Client, if convicted, would have been required to serve a mandatory minimum sentence of 30 consecutive days in the Franklin County Jail. After a thorough review of the body camera video footage, our staff uncovered that the Columbus Police Department did not properly administer the breath test. As a result, the 3rd offense Columbus drunk driving charge was reduced and the Client was ordered to complete probation rather than serving the mandatory minimum sentence.
What is OVI in Ohio?
Ohio Revised Code Section 4511.19 sets out that it shall be operate any vehicle if they are under the influence of alcohol, a drug of abuse, or a combination of drugs and alcohol. It is the same as an DUI, DWI, and OMVI. All of these charges address the same type of activity, but over the years Ohio has changed the name of the violation.
What are the possible penalties for an Ohio OVI?
If you are convicted of OVI for the very first time you are subject to the mandatory minimum penalties, these include a three day jail term, or a 72-hour Driver Intervention Program, a $375 fine, and a one year license suspension. It is important to remember these are the minimum penalties the court most impose. OVI is a 1st Degree Misdemeanor which means that the court may impose up to 6 months in jail, a $1075 fine, and a three year license suspension.
What is OVI Enhancement?
The mandatory minimum penalties for an Ohio drunk driving conviction increase with each prior conviction a person has within the 10 year look back period. If you are charged with a 2nd OVI in 10 years your mandatory minimum sentence is 10 consecutive days in jail. If you are charged with a 3rd OVI in 10 years the mandatory minimum sentence is 30 consecutive days. If you have more than 3 in 10 years, you will be charged with a felony OVI.
If you or someone you know has been charged with a criminal offense in Ohio it is critical that they seek representation as soon as possible. If you do not get a lawyer before your first court appearance you may give up statutory and constitutional defenses to your case. Contact our office today for a free review of your case.
Want more information about drunk driving cases in Central Ohio? Read more here.