OVI, DUI & Drunk Driving Offenses in Columbus Ohio

OVI law has evolved over time in Ohio. In the past, drunk driving law has had several names such as the following: Driving Under the Influence (or DUI), Operating a Motor Vehicle Under the Influence (or OMVI), and Operating a Vehicle while Intoxicated (or OVI). The key to most DUI and OVI cases is the level of impairment and intoxication.

Being arrested for a DUI, OVI, or Drunk Driving criminal misdemeanor or felony charge can result in a very difficult and embarrassing time. You can be fined, lose your driver's license, spend time in jail, end up with a criminal record, or even lose your job. You need a Columbus, Ohio criminal DUI & OVI attorney to guide you through the OVI process and to help answer your questions about OVI when you are confused. In addition, I can help relieve the anxiety caused by charges of a DUI, OVI, criminal, or traffic case.

Reasonable Suspicion

Prior to stopping the motor vehicle for an OVI or DUI, police need to have some reasonable suspicion that some traffic violation or other criminal violation is being committed. After the officer stops the motor vehicle, they may ask for proof of license, registration, and insurance.

Incriminating Statements

Any statements made during the DUI stop may be used against a person in a court of law. However, some DUI evidence may be suppressable. This suppression of evidence in a DUI case means that the court, after a DUI suppression hearing, may decide not to admit some evidence into a DUI trial on the merits.

Field Sobriety Test

If the police have a reasonable suspicion to stop the car, the police need probable cause to charge a person with Operating a Vehicle Under the Influence, or OVI or DUI. Police can use OVI field sobriety tests (i.e., the walk and turn OVI test, 1 leg stand OVI test, and HGN OVI test) to determine if the driver is physically impaired to drive. In an OVI, the amount of physical impairment is a major OVI factor in determining if a person is able to drive a vehicle safely.

Breathalizer Test

Courts give tremendous weight to alcohol levels obtained from the OVI breathalyzer, OVI blood, and OVI urine tests. However, there are rules under the Ohio Revised Code and the Ohio Administrative Code that limit the admissibility of these OVI or DUI tests. Some of the OVI or DUI rules relate to the timing of when the OVI test is taken (i.e., the 20-minute rule and the 2-hour rule) and the OVI procedures by which the evidence is processed (like the compliance the OVI administrative regulations regarding the chain of custody, sealing the sample, and other OVI administrative regulations).

Test Refusal

A person does not have to submit to an OVI or DUI field sobriety tests, OVI breathalyzer test, an OVI blood test, or an OVI urine test in most circumstances. However, if a person refuses to submit to these OVI or DUI tests, they may face an Administrative License Suspension (or ALS suspension) up to 1 year and other hard time suspensions for Driving Privileges for an OVI or DUI. If a person submits to the OVI or DUI tests, the court can consider the validity of these physical OVI tests in determining if a person committed the OVI.

Driving Privileges

During the OVI or DUI hard time suspension period, no driving privileges can be granted by the OVI or DUI court or otherwise. The Garfield Heights Municipal Court created the following DUI Offenses Chart and DUS Offenses Chart (Driving Under Suspension) for determing penalties (intended for educational purposes only). After the OVI or DUI hard time suspension, the OVI court has discretion in granting Limited Driving Privileges

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