OVI-DUI Lawyers In Delaware, OH

Driving under the influence (DUI) or operating under the influence (OVI) is a serious offense in Delaware, Ohio, with both legal and personal consequences. Understanding the laws, penalties, and processes involved in an OVI case is essential for anyone facing these charges.

If you have a DUI or OVI charge in Delaware, Ohio, contact The Law Offices of Saia, Marrocco & Jensen Inc. at 614-444-3036 for a free consultation with one of our experienced OVI defense attorneys. We’ll help you understand the charges against you and your legal options.

What Is a DUI?

What Are the Penalties for an OVI Conviction in Ohio?

First-degree misdemeanor
Between three days and six months imprisonment
A fine of between $375 and $1,075
A license suspension for one to three years
First-degree misdemeanor
Between five days and six months imprisonment
A fine of between $525 and $1,625
A license suspension for one to seven years
Unclassified misdemeanor
Between 15 days and one year imprisonment
A fine of between $850 and $2,750
A license suspension for two to 12 years
Fourth-degree felony
Between 60 days and one year imprisonment
A fine of between $1,350 and $10,500
A license suspension of three years to life
Third-degree felony
Between 120 days and three years imprisonment
A fine of between $1,350 and $10,500
A license suspension of three years to life

Ignition Interlock Devices

Zero Tolerance for Those Under 21

Ohio has a strict zero-tolerance policy for drivers under 21. The legal BAC limit for young drivers is 0.02%. Violating this law will result in an automatic license suspension that may last until the individual’s 21st birthday and fines.

What makes this law “zero-tolerance” is that a BAC level of above 0.02% is per se evidence of underage drinking and driving. Law enforcement officers and prosecutors do not have to prove that you were impaired or that you consumed alcohol or used a controlled substance. The BAC level alone is enough evidence.

Are Field Sobriety Tests Legal?

Many people charged with DUI ask if the field sobriety tests (FSTs) used by law enforcement officers are legal. The answer is yes. These tests are legal. However, you can refuse a field sobriety test, and prosecutors cannot use your refusal against you.

Police don’t always administer these tests correctly, which can significantly impact the results. And the results of these tests are subjective, so multiple people viewing footage of the tests can come to different conclusions.

For these reasons, FSTs alone are not enough evidence for a conviction. And even if the prosecutors attempt to use your FST results against you, your attorney may be able to block the prosecutors from admitting them as evidence in court.

How an OVI Defense Attorney Can Help

Challenging Evidence – Your attorney can challenge the legality of the traffic stop, the accuracy of the tests, and how the police gathered evidence against you. This can be effective in getting evidence, or even the entire case against you, tossed out. For example, if your attorney successfully overturns the use of your BAC level in court, the prosecutors may drop the case if that is their primary piece of evidence.
Negotiating Plea Deals – Your attorney can negotiate with prosecutors to reduce the charges against you or to get you into diversionary programs instead of prison. Those charged with OVI can enter a pre-trial diversion program, allowing them to avoid lengthy prison sentences.
Providing Legal Representation – Your attorney will represent you in court and present your case to the judge and jury.
Guiding You Through the Process – Your attorney will guide you through each step of the legal process, making sure you understand your rights and options.

OVI Defense Attorney Serving Delaware, Ohio

If you’re facing an OVI charge in Delaware, Ohio, contact The Law Offices of Saia, Marrocco & Jensen Inc. at 614-444-3036 for a free consultation about your case. Our experienced attorneys will review your case and assist you with coming up with a strong defense strategy.