First Offense DUI in Fairborn/Beavercreek – What To Expect
A first offense DUI in Beavercreek OVI/Fairborn OVI is defined at O.R.C. 4511.19 as a DUI with no priors within 6 years. The first offense DUI can be charged in three ways. Firstly, the charge is caused by testing over the legal limit of .08% B.A.C. (example O.R.C. 4511.19(A)(1)(d)). These types of offenses are also referred to as “per se” violations. A second way to be charged is for violating the high-tier provision of Ohio’s DUI law. In addition, Ohio has also created a per se “high-tier” limit of .17% BrAC, sometimes referred to as a SUPER-DUI.
The per se high-tier limits for a first offense DUI are set forth at O.R.C. 4511.19(A)(1), a person has a concentration of…
- (f) seventeen-hundredths of one per cent or more by weight per unit volume of alcohol in the person’s whole blood.
- (g) two hundred four-thousandths of one per cent or more by weight per unit volume of alcohol in the person’s blood serum or plasma.
- (h) seventeen-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person’s breath.
- (i) two hundred thirty-eight-thousandths of one gram or more by weight of alcohol per one hundred milliliters of the person’s urine.
Appreciable Impairment Offenses
If you refuse to take a chemical test, the State might still be able to prove you guilty of a first offense DUI if they prove (beyond a reasonable doubt) that you operated a motor vehicle after consuming some alcohol, drugs of abuse, or a combination of the two and their ability to operate the motor vehicle was appreciably impaired. Therefore, share as much information as you can with your lawyer. How does a jury determine “under the influence?” The following is an excerpt from the Ohio Jury Instructions:
“Under the influence” means that the defendant consumed some (alcohol) (drug of abuse) (combination of alcohol and a drug of abuse), whether mild or potent, in such a quantity, whether small or great, that it adversely affected and noticeably impaired the defendant’s actions, reaction, or mental processes under the circumstances then existing and deprived the defendant of that clearness of intellect and control of himself/herself which he/she would otherwise have possessed. The question is not how much (alcohol) (drug of abuse) (alcohol and a drug of abuse) would affect an ordinary person.
What Effect?
The question is what effect did any (alcohol) (drug of abuse) (alcohol and a drug of abuse), consumed by the defendant, have on him/her at the time and place involved. If the consumption of (alcohol) (drug of abuse) (alcohol and a drug of abuse) so affected the nervous system, brain, or muscles of the defendant so as to impair, to a noticeable degree, his/her ability to operate the vehicle, then the defendant was under the influence. Ohio jury Instruction cites language from State v. Hardy (1971), 28 Ohio St.2d 89, 57 O.O.2d 284, 276 N.E.2d 247; and State v. Steele (1952), 95 Ohio App. 107, 52 O.O. 488, 117 N.E.2d 617.
The “appreciable impairment offense” is set forth at Ohio Revised Code 4511.19(A)(1)(a) which states,
(A)(1) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply:
(a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.
First Offense DUI Penalties
The following penalties are reserved for first offense DUI offenders. Obviously, it is in your interests to hire counsel who can assess your case and provide you with an honest assessment of your case. Most noteworthy, be sure to discuss not only the mitigating factors that your attorney should know, but the not-so-good aspects of your case. Judges have discretion to look at many factors in fashioning a remedy and your attorney should be able to give you an idea of how to approach your case so as to minimize any potential penalties. Here are the range of possible penalties for a first offense DUI.
Common Penalties
- Jail – 3 Days Minimum up to 6 Months or,
- Driver Intervention Program – For 3 Days
- Jail – 6 Days (If Blood Alcohol Concentration .17 or Above)
- License Suspension – From 6 Months to 3 Years
- Reinstatement Fee – $475.00
- Fine – From $375 to $1,075
Party Plates (Ohio’s Scarlet Letter)
When are yellow DUI plates required? Ohio, yellow “restricted plates” are required in certain circumstances.
- If you are convicted of DUI as a first offense, the judge has discretion to order restricted plates as a condition of granting you limited driving privileges.
- If you are placed under and administrative license suspension, a judge has discretion to order restricted plates as a condition of granting limited driving privileges.
Is an Interlock Ignition Device Mandatory?
The device is not mandatory on a first offense DUI in Beavercreek and Fairborn. In addition, Judges have discretion to require the ignition interlock device on first offenses, but on subsequent offenses the IID is mandatory. In addition, it is important to speak with an experienced attorney who is familiar with the judge presiding over your case to get an idea of whether or not you will likely receive an ignition interlock device on a first offense.
Immobilization
Getting your car back is relatively easy if you have no prior DUI offenses. Ohio DUI law does not authorize immobilization as a penalty for a first offense. Here are the steps you should take to get your car back.
- Locate the proper tow lot;
- Gather enough cash (or other proper payment) to pay towing and storage fees;
- Gather proof of ownership; and
- If you were placed under and Administrative License Suspension, get a licensed driver to drive your car from the impound lot.
Trouble with ANY of the items above? Contact your Beavercreek DUI/Fairborn DUI attorney and they will help get your car back. Especially relevant is how much service you can expect from your attorney. Our office has even gone as far as having our staff drive to the tow lot on our client’s behalf. It is to your advantage to move quickly in order to save storage fees.
What does a first offense DUI defense cost?
Frequently, we encounter many people who want a rational, economic justification for hiring an DUI attorney on a first offense DUI. The only study I could find on this topic was a 2006 Texas Department of Transportation study which calculated the costs of a drunk driving conviction “in that state showed the total costs of a DWI arrest and conviction for a first-time offender with no accident involved would range from $9,000 to $24,000.” [source] In addition, a story from CNBC cites that study. They speculate that total costs, absent you losing your job, could range as high as $20,000. Obviously, projecting costs without knowing your particular circumstance is wildly speculative, here are some of the expenses you may realize:
Common Expenses
- Court costs.
- Attorney fees.
- Loss of job.
- DUI “school.”
- Temporary loss of income.
- Car towing, impounding.
- Alternate transportation costs.
- Car ignition interlock device.
- Periodic blood testing.
- Monthly monitoring fees.
- Cost of incarceration.
- Increased auto insurance premiums
Charlie Can Help
Finally, if you were to lose your job and/or your career because of an Beavercreek DUI conviction, the lifetime costs skyrocket. Insurance premiums, damages caused by personal injury or costs of restitution for property damages also cause the costs to climb. Some of the expenses highlighted above can take years to come to fruition and the lingering effects of a drunk driving conviction may be with you for life.
In addition, a good DUI attorney can significantly curb the financial detriments incurred in a DUI case. While predicting what an attorney can save you is just as wildly speculative as predicting costs, it is common for many of the costs to be subject to negotiation and/or reduction. A reduction of the charge will not only lower the possible maximum fines, but can also get rid of ugly mandatory punishments required by Ohio’s DUI statute. O.R.C. 4511.19. Consequently, the best way to explore how much a vigorous DUI defense will costs in your case, contact Charles M. Rowland for a free consultation.
In conclusion, know that I prepare! I plan! Most importantly, I fight!
