Miamisburg OVI Lawyer Charles M. Rowland II (937) 318-1384
A first offense Miamisburg OVI is defined at O.R.C. 4511.19 as a OVI with no priors within 10 years. A first offense OVI can be charged in three ways. The first 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 the Miamisburg OVI law. Ohio has also created a per se “high-tier” limit of .17% BrAC, sometimes referred to as a SUPER-OVI. The per se high-tier limits for a first offense OVI are set forth at O.R.C. 4511.19(A)(1)
- (f) The person has a concentration of seventeen-hundredths of one per cent or more by weight per unit volume of alcohol in the person’s whole blood.
- (g) The person has a concentration of 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) The person has a concentration of seventeen-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person’s breath.
- (i) The person has a concentration of 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 OVI if they prove (beyond a reasonable doubt) that you operated a motor vehicle after having consumed some alcohol, drugs of abuse, or a combination of the two and their ability to operate the motor vehicle was appreciably impaired. 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 Was The 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. The 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 Miamisburg OVI Penalties:
The following penalties are reserved for first offense Miamisburg OVI 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. In addition, 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 OVI.
- 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
Hiring Your Miamisburg OVI Lawyer
Obviously, if you were to lose your job and/or your career because of a Miamisburg OVI 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. In addition, some of the expenses highlighted above can take years to come to fruition. The lingering effects of having a drunk driving conviction may be with you for life. The good news is that a good OVI attorney can significantly curb the financial detriments incurred in a OVI 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. Furthermore, a reduction of the charge will lower the possible maximum fines. The reduction can also get rid of ugly mandatory punishments required by Ohio’s OVI statute. O.R.C. 4511.19. The best way to explore how much a vigorous DUI defense will costs in your case, contact Charles M. Rowland for a free consultation at (937) 318-1384 or 888-769-5263. For over twenty years, I have represented clients in Springfield. I work hard at what I do. I limit my practice to DUI defense. Finally, thank you for considering me for your defense.
Charles Rowland, your hometown attorney, limits his practice exclusively to OVI defense.