Operating a Vehicle While Intoxicated (OVI) and Driving Under the Influence (DUI) are both terms used to describe drunk driving in Ohio. Although OVI/DUI charges are generally misdemeanors, due to the specialized equipment used by law enforcement, the expert witnesses commonly employed by the State, and the extensive statutes and case law involved, they are some of the most complex and technically demanding cases in the criminal justice system. If you have been charged with OVI/DUI, you need to act quickly and you need professional legal guidance from a qualified criminal defense attorney. Presenting an effective OVI/DUI defense requires highly specialized knowledge, training and experience. Gaffney Law Offices and Attorney Robert A. Gaffney, Jr. have been gathering that knowledge, training and experience over the course of 15+ years while working as a Deputy County Attorney, City Court Judge and criminal defense attorney. Attorney Gaffney is available to apply his knowledge and skills to your OVI/DUI case and to act to protect your rights and to obtain the best possible result in your case.
About Ohio OVI/DUI
Ohio DUI laws stipulate that first time drunk driving offenders lose their driver’s license for up to one year, pay fines of up to $1000 and spend a minimum of three days in jail. If convicted for OVI/DUI in Ohio, you will have a criminal record, which could restrict your ability to travel to Canada, impact a credit rating and limit your employment options. Gaffney Law Offices and Attorney Gaffney will provide an aggressive legal defense in an effort to keep your record clean and protect your future.
About Your Driver’s License
The police probably seized your driver's license when you were arrested for suspicion of driving drunk (OVI/DUI). The State of Ohio automatically suspends a motorist's driving privileges for a minimum of 90 days and possibly as long as five years, depending on the circumstances of the arrest and the presence of any prior alcohol related traffic offenses. Renewing your driving privileges requires the payment of an additional fine and, in some instances, taking another driver’s license exam.
You can request an Administrative License Suspension hearing and try to retain your license, but the appeal must be made within 5 days of the date of your arrest. This is not a simple process and the hearing will involve legal issues and the presentation of physical evidence gathered during your arrest. You will have a significantly better chance of keeping your driving privileges by hiring an experienced attorney to represent your interests. The time for pursuing legal options and fighting for your license is very limited, so contact Gaffney Law Offices and Attorney Gaffney as soon as possible.
Request a Free Initial DUI Consultation
To learn more about your OVI/DUI case options, contact Gaffney Law Offices by email or call 440-522-7749 for an immediate, free and confidential consultation with an experienced OVI/DUI attorney in Northeast Ohio.
Ohio DUI Law Highlights: BAC Levels and Implied Consent (Table 1)
| State | "Per Se" BAC Level | "Zero Tolerance" BAC Level | Enhanced Penalty BAC Level | "Implied Consent" Law |
| Ohio | .08 | .02 | .17 | Yes |
DEFINITIONS:
"Per Se" Blood Alcohol Concentration (BAC) Level
As of August 2005, all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.
"Zero Tolerance" Blood Alcohol Concentration (BAC) Level
All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent.
"Enhanced Penalty" Blood Alcohol Concentration (BAC) Level
Many states impose harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above their state's enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions.
"Implied Consent" Laws
"Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year.
Ohio DUI Law Highlights: Selected Penalties (Table 2)
| State | Administrative License Suspension/Revocation (1st/2nd/3rd Offense) | Mandatory Alcohol Education and Treatment/Assessment | Vehicle Confiscation Possible? | Ignition Interlock Device Possible? |
| Ohio | 6m/ 1y/ 1y | Treatment/ Assessment - 3rd off. | 4th offense | Yes |
Note: Persons arrested for DUI will be subject to additional criminal law penalties not addressed here -- including jail time, fines, and community service. Such criminal penalties are typically more discretionary than those identified in this chart, and are therefore more difficult to accurately predict. Generally speaking, first-time DUI offenders can expect to incur a fine, and face the possibility of jail time. Repeat DUI offenders will incur harsher fines, and will almost certainly be sentenced to a number of days in jail. Penalties will be harsher still if the DUI offender was involved in an accident in which someone else was injured or killed.
DEFINITIONS:
Administrative License Suspension/Revocation
The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose BAC is above the state limit for intoxication, or drivers who refuse to submit to BAC testing. Administrative suspension or revocation of a driver's license is usually carried out by a state agency (such as a Department of Motor Vehicles), distinct from any criminal court penalties. Most states impose harsher penalties for second or third DUI offenses, typically defined as those that occur within five years of a prior DUI offense.
Note: the penalties identified here do not include variations for DUI offenders operating commercial vehicles, or drivers who have violated "zero tolerance" and "enhanced penalty" DUI laws (see Table 1). Most states recognize different sanctions for these types of DUI offenses.
Mandatory Alcohol Education and Assessment/Treatment
Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made "conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program. This chart indicates each state's utilization of alcohol education and treatment/assessment programs.
Gaffney Law Offices, LLC
75 Public Square | Suite 714
Cleveland, OH 44113
Phone: 440.522.7749
Fax: 800.721.8490
Mail: Gaffneylawoffices@gmail.com
COMMONLY ASKED QUESTIONS
TYPE OF CASES OUR FIRM HANDLES
I handle many types of cases to bench and jury trials including DUI, Criminal and Traffic.
WE THINK YOU SHOULD HIRE US IF:
You want a lawyer who will personally handle your file and will be available for consultation afternoons, evenings and weekends. I will fairly evaluate your case and determine the most favorable course. I will not hesitate to go to trial on your case; that decision, however, will ultimately be yours.
OUR FIRM IS NOT RIGHT FOR YOU IF:
You are looking for a lawyer who will only tell you what you want to hear. I will work with you to honestly assess the facts of the case.
IF YOU WANT TO TELL OUR LAW FIRM ABOUT YOUR SITUATION YOU SHOULD:
I personally communicate with you whenever possible. If I am in Court when you call, you can leave a message. I personally guarantee you will hear back from me in 24-hours, or less - most often, much less. My office phone is (440) 522-7749.
THE TYPICAL COST TO GET US TO START WORKING ON YOUR CASE IS:
The cost varies depending on the allegation and facts of the case. A fee will be quoted at our initial consultation.