Attorney Matthew C. Bangerter North Eastern Ohio

What Are Some Factors That Can Affect A DUI/OVI Charge In Ohio?


What Happens When You Get a DUI or OVI? What Factors Might Enhance Or Aggravate An OVI Charge?

The most common one is successive OVIs. Every OVI a person gets is added onto the last one. There is enhanced penalties for multiple OVIs within six years, also multiple OVIs within twenty years and at some point there are enhanced penalties for getting several OVIs in your lifetime. Here are some factors that can affect a dui/ovi charge in ohio.

They get more and more serious under the law, and even with an individual judge if you see that you are getting more OVIs, he is likely to give you a stiffer sentence than the minimum required by law.

Are There Laws That Address Having An Extremely High Blood Alcohol Content Level?

Yes. There is actually what is called a low tier and high tier alcohol level. Low tier in Ohio is 0.08 up to 0.17 and then 0.17 or higher is called a higher tier and the penalties are enhanced for that level.

How Is Having Minors In Your Car Addressed By the law?

The office of Bangerter has had cases where the driver got a DUI with two small children in the car and she got charged with child endangering so that could add another serious charge. It is very difficult to fight, if you have an OVI you end up pleading you are being found guilty to an OVI and the kids are in the car. The child endangering is going to make that worse.

Do Accidents That Involve Injury Have Stiffer Penalties?

The Ohio law allows in some cases, specifically orders that penalties for the OVI run consecutive to penalties for the underlying accident whether it is aggravated vehicular assault or God forbid, homicide. Having the OVI will make it worse, both under the law and in the eyes of the judge that is actually handing out the sentence.

Can Someone Receive An OVI For Having Blood Alcohol Content Below 0.08%?

Yes they can. There are a couple of basic OVIs, one is for having a blood alcohol level below 0.08 or 0.17 and that is determined by a chemical test. If an officer believes that the person is impaired even without that reading, he can charge them with an OVI even if they blew a 0.06 or 0.05 just because he says they are impaired, even though that is a lower limit.

As mentioned earlier, alcohol affects everybody differently, some people may have a low level and feel it more, and some people may have a high level and think that they’re fine. So yes, there are spots where they will get an OVI with less than 0.08.

In Ohio, Are There A Lot Of Cases Involving Illegal Or Prescription Drugs?

Yes they do come up. The office of Bangerter has not had too many, but marijuana is the most common. People have marijuana metabolites, in their blood. The issue with that especially is that marijuana will stay in your system for weeks after you smoke it. So a person could be driving weeks after they smoked marijuana, get charged with an OVI even though there is absolutely no chance that they were under any effects of the drug at the time.

How Are Drug OVI Cases Handled In Terms Of The Sentencing And Penalty? Are They Handled Similar To an Alcohol DUI or OVI?

Typically the penalties are the same. There might be an underlying drug charge too if they find drugs in the car. There might be some additional charges to deal it.

Once Someone Is Arrested, Does Their Car Become Available To Be Searched?

If they are going to tow the car, then they can search it. It is called an inventory search because they have to inventory everything that is in the car. Once that happens, then they will typically search the car and find whatever is in there.

If you want to know about what happens when you get a DUI call the Law Office of Matthew Bangerter for an initial consultation at (440) 409-7898 and get the information and legal answers you’re seeking.

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