St. Paddy’s Pub Crawl: What You Need to Know About DUI & OVI in Delaware, OH

St. Patrick’s Day pub crawls and other celebrations are popular throughout Ohio. When a celebration revolves around drinking alcohol, however, anyone without a designated driver is at risk of being charged with Operating a Vehicle Impaired (OVI).

What Is an OVI?

An OVI is another term for DUI, or driving under the influence. According to Ohio Revised Code Section 4511.19, a person is guilty of an OVI if they operate “any vehicle, streetcar, or trackless trolley” under the influence of alcohol, a “drug of abuse,” or a combination of both.

The term “drug of abuse” includes marijuana, cocaine, LSD, heroin, and amphetamines, among other substances. Generally, a person has committed an OVI if they operate a vehicle while under the influence or with a blood alcohol content (BAC) of 0.08% or higher. The statute also provides a comprehensive list of prohibited drug concentrations in blood, urine, breath, or plasma.

Penalties for OVI Convictions in Ohio

The consequences of an OVI conviction will vary depending on several factors. First, a court will consider whether it’s your first or a subsequent offense. When considering prior OVI offenses, the law only counts convictions from the last 10 years.

First offenses can result in three days to six months of jail time, fines ranging from $375 to $1075, and a suspended license for one to three years. Second offenses can include penalties from ten days to six months in jail, $525 to $1,625 in fines, and a suspended license anywhere between one to seven years. Third offenses may carry penalties of 30 days to one year in jail, fines from $875 to $2,750, and a suspended license for two to 12 years.

Drivers under 21 are subject to stricter rules: their BAC may not be above 0.02%. They may serve 30 days in jail, up to $250 in fines, and license suspension ranging from three months to two years for a first offense.

In some cases, you may be ordered to participate in a Community Control Sanction program, which may include house arrest, electronic alcohol monitoring, and a substance abuse program.

Finally, if your BAC is above 0.17%, you can be charged with an “aggravated” OVI. This charge carries additional jail time.

Common Defenses to OVI Charges in Ohio

While penalties for an OVI charge can be severe, defenses may be available. Common OVI defenses include:

• Unlawful searches or lack of probable cause: If an officer does not have a legal reason to pull a driver over (such as suspicion of impairment or a traffic violation), any evidence collected may be inadmissible. Similarly, an arrest without probable cause may not hold up in court.
• Improper or faulty testing procedures: If testing equipment is improperly maintained, calibrated, or used, it could give inaccurate results.
• Medications and medical conditions: Some legal medications and medical conditions can mimic intoxication and make it difficult for drivers to pass sobriety tests.

Consult an OVI Criminal Defense Attorney Today

If you’ve been charged with an OVI in Ohio, contact The Law Offices of Saia, Marrocco & Jensen Inc. for a free, confidential consultation right away. Our attorneys will explain your rights and the potential defenses for each charge.