OVI/DUI Lawyers In Westerville, OH

OVI and DUI Lawyer Westerville, OH

Are you currently facing a drunk driving charge? DUIs, or OVIs as Ohio calls them, are a serious offense that can be met with harsh administrative and criminal penalties. If you have been charged with an OVI in Westerville, you need to secure legal counsel immediately.

Without an attorney, you could face life-altering consequences that limit your freedoms and impact employment and housing opportunities. The criminal defense attorneys from The Law Offices of Saia, Marrocco & Jensen Inc. can protect your liberties and work to secure the best possible outcome, whether it’s a case dismissal, charge reduction, or plea agreement.

Contact our offices today to speak to an OVI/DUI attorney serving Westerville, OH.

Facts About OVIs in Westerville

According to data from the Ohio State Highway Patrol, Westerville and the surrounding Franklin County have some of the highest OVI rates in the state. Nearby routes with the highest number of crashes include I-270, I-71, and US-40.

OVI crashes are most likely to happen on the weekends between the hours of 10 PM and 3 AM. OVI crashes in Westerville have risen in recent years and are more common in the middle of the year, during the summer.

OVI/DUI Definitions and Penalties in Ohio

Ohio’s definition for OVIs is found in ORC 4511.19. Like most states, Ohio defines OVIs in terms of blood alcohol concentration limits. There are two limits for drivers of different ages:

Over 21: Drivers over 21 are guilty of an OVI if they operate a motor vehicle with a BAC level over 0.08 percent.
Under 21: Drivers under 21 are guilty of an OVI if they operate a motor vehicle with a BAC over 0.02 percent.

Drivers of commercial vehicles (including school buses) can also be guilty of an OVI if they operate a motor vehicle with a BAC over 0.04 percent (ORC 4506.15).

Penalties for OVIs start with a first offense and become progressively more severe. The lookback period for OVIs is a decade, meaning subsequent OVIs within ten years count as repeat offenses.

First offense: A first-offense OVI can result in a mandatory prison sentence of three days, a maximum term of six months, a fine between $565 and $1075, and a license suspension between one and three years.
Second offense: Second-offense OVIs can carry a prison term between ten days and six months, a fine between $715 and $1,625, and a license suspension between one and seven years.
Third offense: Third-offense OVIs carry a prison term between 30 days and one year, a fine between $1,040 and $2,752, and a license suspension between two and twelve years.
Fourth and subsequent offenses: Fourth and subsequent OVIs can be met with a mandatory sentence of at least sixty days and a maximum sentence of up to five years. Other penalties include a fine between $1,540 and $10,500 and a license suspension between three years and a lifetime.

In addition to these penalties, any OVI can result in the installation of an ignition interlock device and alcohol substance abuse counseling.

OVI vs. Actual Physical Control

Ohio actually has two separate drunk driving crimes: one for operating a vehicle under the influence and one for having physical control of a vehicle under the influence. According to ORC 4511.194, having physical control of a vehicle means being in the driver’s seat while in possession of the keys. The engine doesn’t actually have to be turned on to receive a charge of having control of a vehicle while intoxicated.

Having physical control of a vehicle while intoxicated is a lesser crime than an OVI and carries lower penalties. The punishment for having control of a vehicle while intoxicated is a maximum six-month prison sentence, a fine of up to $1,000, and a license suspension of up to a year.

Enhanced Penalties for Aggravating Factors

There are also aggravating factors that could result in a more severe punishment for an OVI:

Having a BAC over 0.17 percent can result in higher mandatory prison sentences for first and subsequent OVI offenses.
Refusing to take a BAC test when law enforcement requests is a separate crime that can result in an immediate one-year license suspension, in addition to other penalties for OVI conviction.
Driving under the influence with a minor under the age of 18 in the vehicle is punishable as child endangerment, with harsher penalties if the child sustains injuries.
An OVI resulting in injury or death to another person could lead to charges of vehicular assault or vehicular homicide.

Defenses Against Drunk Driving

Below are some possible strategies our attorneys can utilize to defend you against drunk driving charges.

Not operating/in control vehicle: The most straightforward way to defend against an OVI charge is to argue that you weren’t operating the vehicle. Operating the vehicle means that you caused or had recently caused the vehicle to move. You could also argue that you were not in control of the vehicle if you weren’t in the front seat or didn’t have the keys.
Inaccurate test: Breathalyzer and chemical tests are not foolproof and can give inaccurate results due to malfunctions or improper use. Your attorney could question the reliability of tests, thus knocking out a key piece of evidence for the prosecution’s case.
Illegal stop: Police in Ohio have to have a reasonable suspicion that you are drunk to pull you over for an OVI. They cannot do it simply to check whether you are intoxicated. If the police performed an illegal stop when they arrested you, it could invalidate any evidence they gathered and result in a case dismissal.

Why Choose The Law Offices of Saia, Marrocco & Jensen Inc.?

The attorneys from The Law Offices of Saia, Marrocco & Jensen Inc. have decades of collective experience defending residents of the Buckeye State from criminal charges. We understand that the criminal justice system often puts the accused at a disadvantage. That is why we dedicate ourselves to serving justice by protecting clients from prosecutorial overreach. We know how to be an effective advocate and navigate criminal law to pursue the best possible outcome in your case.

We have extensive experience managing OVI cases in Westerville and have an established track record of defending against drunk driving charges. We are experienced trial attorneys who can intervene at any stage of the criminal process. Even though not every case goes to court, we prepare each as if it were to cover all our bases. We have the skills and knowledge to navigate any circumstance that could complicate your case.

Contact an OVI Attorney Serving Westerville, OH

An OVI conviction can have numerous negative effects on your personal, professional, and social life, so it’s in your best interest to secure legal counsel as quickly as possible. Every minute that you delay is another minute that could jeopardize your freedom and liberties. The OVI defense attorneys from The Law Offices of Saia, Marrocco, & Jensen Inc. are here to offer our support and provide the aggressive legal representation you need.

Contact our offices online or reach out by phone today for a case consultation with an OVI/DUI defense attorney in Westerville.