OVI and Firearms

Improper Handling of a Firearm ǀ DUI ǀ OVI

In Ohio, you can face significant criminal penalties for operating a vehicle while under the influence and even stiffer penalties for the improper handling of a firearm. However, the penalties for OVI with the improper handling of a firearm are even more stringent. Under Ohio law, firearms, drugs or alcohol, and moving vehicles do not mix.

At The Law Offices of Saia, Marrocco & Jensen Inc., our gun crime and DUI defense team has the knowledge and resources to help you through a complex and confusing legal situation. We understand how weapons charges and drunk driving charges merge to create a dynamic and complex case. Fighting these charges requires a tenacious and aggressive criminal defense lawyer.

Before you talk to law enforcement, talk to us. Contact our law firm by calling 614-444-3036. The path toward justice starts with a confidential legal consultation. No matter where you are, we have an office nearby that can help. Conveniently located in Columbus, Delaware, Mt. Gilead, New Lexington, and Cambridge, our defense team is ready to help you.

What Is Improper Handling of a Firearm?

Ohio recognizes correct and incorrect ways to handle dangerous firearms. Ohio law stipulates that the improper handling of a firearm can mean:

You are knowingly handling or transporting a loaded firearm in a motor vehicle where the firearm is accessible to the operator or passengers.
Handling by a person under the influence of drugs, alcohol, or a combination of both
The results of a chemical test indicate the individual handling the firearm is above the legal BAC for operating a vehicle.
The individual knowingly discharges a firearm in a motor vehicle.
A firearm is readily accessible without an individual having to leave the vehicle.
The firearm is unloaded
The firearm is in a closed box, case, or package.
The firearm is located in plain sight and secured in a rack or specialty holder made to hold guns.
The firearm is located in a compartment or area only accessible by leaving the vehicle.

What Is OVI?

OVI, sometimes called DUI in other jurisdictions, means operating a vehicle under the influence. There are some common misconceptions about Ohio OVI cases, particularly that you can only face legal repercussions if you drink alcohol and your blood alcohol concentration is .08 percent or over the legal limits. However, individuals can face Ohio OVI charges when:

They are under the influence of drugs, alcohol, or a combination of them.
The individual has a BAC of .08 percent or higher.
The individual has a specific concentration of marijuana, PCP, LSD, methamphetamine, amphetamine, cocaine, or heroin in their system.
Drugs, alcohol, or both impair the individual to the point where it “adversely affected and appreciably impaired” the individual’s actions, reactions, or mental processes.

OVI First Offense

Fines between $375 and $1,075
Jail time between three days to six months
License suspension between one to three years

OVI Second Offense

Fines between $525 and $1,625
Jail time between ten days to six months
License suspension between one to seven years

OVI Third Offense

Fines between $850 and $2,750
Jail time between 30 days to one year
License suspension between two to 12 years

You can also face more significant criminal penalties if you are convicted of aggravated OVI, meaning your BAC was at least .17 percent or higher.

Mixing an OVI offense and a firearm offense can compound your legal problems and lead to numerous complications and potentially severe consequences.

Penalties for Improper Handling of a Firearm While OVI

Fifth-degree felony

Fines up to $2,500
Prison time between 6 and 12 months

Fourth-degree felony

Fines up to $5,000
Prison time between 6 and 18 months

Do You Need a Criminal Defense Attorney?

OVI and improper handling of firearm convictions can significantly change your life. Felony firearms convictions and OVI violations on your criminal record can mean you lose your driving and firearm possession privileges. You could also face steep fines and prison time. As you attempt to rebuild your life, you can also experience challenges in finding employment, housing, loans, and educational opportunities.

Don’t take any unnecessary chances with your future if you are up against OVI and improper handling of a firearm charges. Secure legal representation as soon as possible. You deserve a personalized and strategic defense plan that offers you the best opportunity to receive a favorable outcome for your situation. A skilled attorney can help you by providing:

Experienced Legal Representation – An OVI and gun charges attorney is your legal advocate, representing you in court proceedings and negotiations with prosecutors. Your attorney protects your legal rights from start to finish as you navigate the Ohio criminal justice system.
Knowledge of Applicable Laws– Cases involving guns and drugs or alcohol are complicated. Experienced attorneys comprehensively understand applicable Ohio laws, regulations, and legal precedents.
Defense Strategy – Based on a thorough analysis of your case, a knowledgeable attorney can develop a defense strategy aimed at challenging the prosecution’s evidence, disputing the legality of the traffic stop or arrest, or asserting legal defenses such as lack of probable cause, improper administration of chemical tests, or rights violations.
Negotiations with Prosecutors – Your defense attorney can also negotiate with prosecutors to seek a favorable resolution for your case.
Courtroom Advocacy at Trial – If your case goes to trial, an attorney can provide a solid drunk driving defense and a well-planned improper handling of firearms defense by presenting appropriate legal arguments and challenging the prosecution’s evidence.
Post-Conviction Relief – If you are convicted of OVI and improper handling of firearm offenses, your attorney can help with post-conviction relief efforts and appeals.

Contact an Experienced Improperly Handling of a Firearm and OVI Criminal Defense Lawyer Now

If you are facing firearm and OVI charges in Ohio, you need a law firm that cares about delivering exceptional results for its clients. At The Law Offices of Saia, Marrocco & Jensen Inc., that’s exactly what you’ll get. Our defense team offers aggressive legal representation to individuals in the Columbus, Delaware, Mt. Gilead, New Lexington, and Cambridge communities. We want to represent you and fight for your future.

Contact us online or call our office today at 614-444-3036 to set up a confidential legal consultation with a dedicated criminal defense lawyer.