What Happens If I’m Charged with an OVI in Ohio While on Probation?

Have you been charged with operating a vehicle under the influence of alcohol, drugs or both (OVI) in Ohio while on probation for another offense? If so, you’re likely worried about the consequences you could face, even if you ultimately beat the charge. Unfortunately, probationers who get arrested for OVI may face serious consequences, even if their OVI arrest does not lead to a conviction.

How an OVI Charge Affects Your Probation

While on probation, you must follow various conditions established by the court that sentenced you. These conditions usually include the requirement to refrain from committing new offenses while on probation. Some people may also have a probation condition that prohibits them from consuming alcohol or illegal drugs. Thus, an OVI arrest or conviction may constitute a probation violation. Even an OVI charge can trigger a probation violation hearing, even if you ultimately get acquitted of that OVI charge.

Additional Penalties for a New OVI Charge

In Ohio, a person convicted of OVI while on probation may face various penalties depending on their criminal history. For example, a person on probation for a prior OVI conviction will face enhanced penalties depending on the number of prior OVIs they have had in the past 10 or 20 years. Even a second OVI offense can impose mandatory jail time. Penalties for OVI convictions also include:

• Fines
• Alcohol/drug assessment for second offenses or mandatory treatment for third or subsequent offenses
• Driver’s license suspensions, with drivers eligible to petition for reinstatement of their driving privileges after serving part of their suspension
• Immobilization of the driver’s registered vehicle for a second offense, forfeiture of the vehicle for a third or subsequent offense

Courts may feel less inclined to impose lighter penalties for a driver who commits an OVI while on probation because that person committed their offense while under supervision for a prior crime.

Furthermore, a new OVI charge while on probation can lead to a revocation hearing. When the court finds that a person’s OVI arrest constitutes a violation of the conditions of their probation, they may impose additional penalties, such as:

• A warning that future violations will impose harsher penalties
• Additional or stricter conditions of supervision during probation
• Revocation of probation, which will require the offender to serve their original sentence of incarceration

What to Do After an OVI Arrest While on Probation

Here are some practical steps you can take after an OVI arrest in Ohio while on probation:

• Remain silent while in police custody
• Ask to speak to a lawyer as soon as possible
• Follow any notifications or instructions from your probation officer
• Contact a criminal defense attorney immediately for help resolving your OVI charge and a possible probation revocation hearing

Contact an OVI Defense Lawyer Today

If you’ve been arrested for OVI while on probation in Ohio, you need experienced legal counsel to protect your interests and help you seek a favorable resolution to your situation. Contact The Law Offices of Saia, Marrocco & Jensen Inc. today for a free, confidential consultation with our legal team to discuss your options in your case and how we can help.