OVI-DUI Attorney – Powell, OH

OVI-DUI Attorneys Serving Powell

If you’ve been charged with OVI-DUI in Powell, you need experienced legal representation to protect you and seek a positive resolution to your case. Contact The Law Offices of Saia, Marrocco & Jensen Inc. for a free initial case evaluation with an OVI-DUI defense attorney serving Powell, and let us get to work on your behalf right away.

Why Choose an OVI-DUI Defense Attorney from The Law Offices of Saia, Marrocco & Jensen Inc.?

When OVI-DUI charges put your freedom and future at risk, having the right legal advocates can make a big difference in the outcome of your case. For years, people charged with drunk or drugged driving in Delaware County have turned to the legal team at The Law Offices of Saia, Marrocco & Jensen Inc. for experienced legal guidance and representation. They choose us because:

• Our attorneys have earned national recognition for their dedicated service and track record of success. Our firm has received top listings from U.S. News and World Report’s Best Law Firms, Best Lawyers in America, Super Lawyers, and The National Trial Lawyers Top 100.
• Our legal team has more than a century of combined experience to apply on our clients’ behalf. We go to court almost every day, which has given us in-depth insights into the criminal justice system and how prosecutors think. We prepare every case for trial to ensure we have the most compelling arguments to support your defense.
• We recognize that each client is a unique person who deserves individualized legal service. When you choose us to represent you against OVI-DUI charges, you can expect personalized attention from our lawyers, who will take the time to listen to your story, concerns, needs, and goals to tailor their service to your objectives.

Our attorneys have earned national recognition for their dedicated service and track record of success. Our firm has received top listings from U.S. News and World Report’s Best Law Firms, Best Lawyers in America, Super Lawyers, and The National Trial Lawyers Top 100.

Our legal team has more than a century of combined experience to apply on our clients’ behalf. We go to court almost every day, which has given us in-depth insights into the criminal justice system and how prosecutors think. We prepare every case for trial to ensure we have the most compelling arguments to support your defense.

We recognize that each client is a unique person who deserves individualized legal service. When you choose us to represent you against OVI-DUI charges, you can expect personalized attention from our lawyers, who will take the time to listen to your story, concerns, needs, and goals to tailor their service to your objectives.

Understanding Ohio’s OVI-DUI Laws

Ohio law prohibits individuals from operating a vehicle while under the influence of alcohol or drugs. A person may face OVI-DUI charges while driving under the influence of alcohol or drugs to the extent that the person’s intoxication renders them incapable of operating a vehicle safely. Additionally, Ohio’s OVI-DUI laws also establish “per se” limits for alcohol or drug intoxication. A driver commits OVI-DUI when they have alcohol or drugs in their system in an amount exceeding the per se limits, regardless of the driver’s ability to operate a vehicle. Per se limits are as follows:

• Blood/breath alcohol content: 0.08 percent for adults, 0.04 percent for commercial drivers, and 0.02 percent for drivers under 21
• Amphetamines: 500 nanograms in urine, 100 nanograms in blood
• Cocaine: 150 nanograms in urine, 50 nanograms in blood
• Marijuana/THC: 10 nanograms in urine, two nanograms in blood
• Cannabis metabolite: 35 nanograms in urine, 50 nanograms in blood
• Heroin: 2000 nanograms in urine, 50 nanograms in blood
• LSD: 25 nanograms in urine, 10 nanograms in blood
• Methamphetamine: 500 nanograms in urine, 100 nanograms in blood
• PCP: 25 nanograms in urine, 10 nanograms in blood

Blood/breath alcohol content: 0.08 percent for adults, 0.04 percent for commercial drivers, and 0.02 percent for drivers under 21

Amphetamines: 500 nanograms in urine, 100 nanograms in blood

Cocaine: 150 nanograms in urine, 50 nanograms in blood

Marijuana/THC: 10 nanograms in urine, two nanograms in blood

Cannabis metabolite: 35 nanograms in urine, 50 nanograms in blood

Heroin: 2000 nanograms in urine, 50 nanograms in blood

LSD: 25 nanograms in urine, 10 nanograms in blood

Methamphetamine: 500 nanograms in urine, 100 nanograms in blood

PCP: 25 nanograms in urine, 10 nanograms in blood

Ohio has an implied consent law that requires every driver to consent to chemical testing following an OVI-DUI arrest as a condition of operating a vehicle on Ohio roads. Drivers who refuse to submit to chemical testing after an arrest may face administrative consequences, such as a suspension of their driver’s license.

Penalties for an OVI-DUI Conviction

Penalties for an OVI-DUI conviction in Ohio will depend on the number of prior convictions a driver has, the driver’s level of intoxication at the time of their arrest, and whether the driver refused chemical testing under the implied consent law. DUI sentencing in Ohio can include the following:

• First DUI, low test results: Three days to six months in jail, fines of $375 to $1,075, and a one-to-three-year driver’s license suspension
• First DUI, high test results or test refusal with prior refusal in the past 20 years: Six days to six months in jail, fines of $375 to $1,075, and a one-to-three-year driver’s license suspension
• Second DUI in ten years, low test results: Ten days to six months in jail, fines of $525 to $1,625, and a one-to-seven-year driver’s license suspension
• Second DUI in ten years, high test results or test refusal with prior refusal in the past 20 years: 20 days to six months in jail, fines of $525 to $1,625, and a one-to-seven-year driver’s license suspension
• Third DUI in ten years, low test results: Three days to six months in jail, fines of $375 to $1,075, and a one-to-three-year driver’s license suspension
• Third DUI in ten years, high test results or test refusal with prior refusal in the past 20 years: 30 days to one year in jail, fines of $850 to $2,750, and a two-to-twelve-year driver’s license suspension
• Fourth/fifth DUI in ten years or sixth DUI in 20 years, low test results: 60 days to one year in jail or 60 days to 30 months in prison, fines of $1,350 to $10,500, and a three-year to lifetime driver’s license suspension
• Fourth/fifth DUI in ten years or sixth DUI in 20 years, high test results or test refusal with prior refusal: 120 days to one year in jail or 120 days to 30 months in prison, fines of $1,350 to $10,500, and a three-year to lifetime driver’s license suspension

First DUI, low test results: Three days to six months in jail, fines of $375 to $1,075, and a one-to-three-year driver’s license suspension

First DUI, high test results or test refusal with prior refusal in the past 20 years: Six days to six months in jail, fines of $375 to $1,075, and a one-to-three-year driver’s license suspension

Second DUI in ten years, low test results: Ten days to six months in jail, fines of $525 to $1,625, and a one-to-seven-year driver’s license suspension

Second DUI in ten years, high test results or test refusal with prior refusal in the past 20 years: 20 days to six months in jail, fines of $525 to $1,625, and a one-to-seven-year driver’s license suspension

Third DUI in ten years, low test results: Three days to six months in jail, fines of $375 to $1,075, and a one-to-three-year driver’s license suspension

Third DUI in ten years, high test results or test refusal with prior refusal in the past 20 years: 30 days to one year in jail, fines of $850 to $2,750, and a two-to-twelve-year driver’s license suspension

Fourth/fifth DUI in ten years or sixth DUI in 20 years, low test results: 60 days to one year in jail or 60 days to 30 months in prison, fines of $1,350 to $10,500, and a three-year to lifetime driver’s license suspension

Fourth/fifth DUI in ten years or sixth DUI in 20 years, high test results or test refusal with prior refusal: 120 days to one year in jail or 120 days to 30 months in prison, fines of $1,350 to $10,500, and a three-year to lifetime driver’s license suspension

Furthermore, penalties for a second or subsequent felony DUI conviction with low test results include 60 days to 36 months in prison, fines of $1,350 to $10,500, and a three-year to lifetime driver’s license. With high test results or test refusal with prior refusal, penalties increase to 120 days to 36 months in prison, fines of $1,350 to $10,500, and a three-year to lifetime driver’s license.

Defenses to Drunk/Drugged Driving Charges

A driver facing OVI-DUI charges in Powell, OH, may pursue various defense strategies to challenge the prosecution’s case and seek a favorable resolution. Examples of potential defenses in intoxicated driving cases include:

• Lack of evidence of driving: A defendant might argue that the prosecution lacks sufficient evidence to prove beyond a reasonable doubt that the defendant operated a motor vehicle while intoxicated by alcohol or drugs.
• Challenging field sobriety/chemical test results: Defendants may contest the reliability of field sobriety/chemical test results by showing that officers failed to follow testing protocols, misinterpreted test results, or failed to maintain the chain of custody of blood/urine samples.
• Challenging the legality of the traffic stop: A defendant might seek to exclude the prosecution’s evidence by arguing that the arresting officer did not have reasonable suspicion to stop the defendant’s vehicle or that police improperly conducted a DUI checkpoint by not selecting vehicles in an objective, neutral manner.

Lack of evidence of driving: A defendant might argue that the prosecution lacks sufficient evidence to prove beyond a reasonable doubt that the defendant operated a motor vehicle while intoxicated by alcohol or drugs.

Challenging field sobriety/chemical test results: Defendants may contest the reliability of field sobriety/chemical test results by showing that officers failed to follow testing protocols, misinterpreted test results, or failed to maintain the chain of custody of blood/urine samples.

Challenging the legality of the traffic stop: A defendant might seek to exclude the prosecution’s evidence by arguing that the arresting officer did not have reasonable suspicion to stop the defendant’s vehicle or that police improperly conducted a DUI checkpoint by not selecting vehicles in an objective, neutral manner.

Contact Our Firm Today for Help

Do you have questions about your legal rights and options when facing OVI charges in Powell? Then get the answers you need from the experienced legal team at The Law Offices of Saia, Marrocco & Jensen Inc. Contact us today for a free, confidential consultation with an OVI defense attorney serving Powell, and let us get to work on your behalf right away.

Directions to Our Delaware, OH Office

Individuals charged with OVI-DUI in Powell can speak with our attorneys about their charges by meeting with us at our Delaware office located at 98 North Union Street, Delaware, OH 43015. To get to our office:

From the North: 

• Take US-23 South toward Delaware
• Turn right onto W Central Ave
• Turn right onto N Union St
• Destination will be on the left

Take US-23 South toward Delaware

Turn right onto W Central Ave

Turn right onto N Union St

Destination will be on the left

From the South:

• Take US-23 North toward Delaware
• Turn left onto W William St
• Turn right onto N Union St
• Destination will be on the right

Take US-23 North toward Delaware

Turn left onto W William St

Turn right onto N Union St

Destination will be on the right

From the East:

• Take US-36 West/E Central Ave toward downtown Delaware
• Continue onto W Central Ave
• Turn left onto N Union St
• Destination will be on the right

Take US-36 West/E Central Ave toward downtown Delaware

Continue onto W Central Ave

Turn left onto N Union St

Destination will be on the right

From the West:

• Take US-36 East/W Central Ave toward downtown Delaware 
• Continue onto W Central Ave
• Turn right onto N Union St
• Destination will be on the right 

Take US-36 East/W Central Ave toward downtown Delaware 

Continue onto W Central Ave

Turn right onto N Union St

Destination will be on the right