DUI/OVI

Cleveland DUI/OVI Attorney

Understanding Ohio’s DUI/OVI Laws

Being charged with driving under the influence of alcohol or drugs (DUI) can have a serious impact on your life. Individuals arrested for driving under the influence are often overwhelmed and have a difficult time understanding all the legal terminologies that apply to their cases. Hiring an attorney from Mastandrea Law, LLC can help ensure you have all the knowledge you need to navigate the court system confidently.

If you have been arrested for driving under the influence or operating a vehicle impaired (OVI), reach out to our Cleveland DUI/OVI attorney right away. We can help you understand your legal rights and options during a free and confidential consultation.

Call (216) 306-5105 or contact us online to get started.

What Is the Difference Between DUI, OVI & DWI?

DUI, OVI, and DWI are all various terms that apply to the crime of operating a motor vehicle while under the influence of or impaired by alcohol or drugs. Different states refer to this crime differently, and some states have multiple driving under the influence laws, which may be referred to by slightly different names.

Below is an overview of the difference between DUI, OVI, and DWI:

DUI: DUI stands for “driving under the influence.”
OVI: OVI stands for “operating a vehicle impaired.”
DWI: DWI stands for “driving while intoxicated.”

Although some states refer to each of these as a different crime, Ohio technically refers to these arrests as OVI. Conversely, DUI, OVI, and DWI are all loosely applied to any arrest involving drinking and driving.

If you are ever arrested for driving under the influence in Ohio, you will want to educate yourself on the basics of the Ohio state OVI laws. Additionally, you will want to consult a reputable defense attorney who can assist you throughout your case to ensure the best outcome. Exercising your constitutional right to representation can help you determine which legal defenses are available to you. Additionally, hiring an attorney will help ensure you are properly represented in court.

The DUI/OVI Process

In Ohio, a person can be charged with driving under the influence (DUI) or operating a vehicle while impaired (OVI). Most Cleveland residents understand DUI charges as applying to cars but fail to realize that they can extend to include any type of vehicle a person can operate.

Ohio’s expanded definition of a vehicle includes the following:

ATVs
Bicycles
Boats
Golf Carts
Mopeds
Tractors

Although it may sound simple in and of itself, a vehicle must be operated for a DUI charge to be applicable. Operating a vehicle does not only mean that the vehicle is being driven. A person can be charged with DUI/OVI if they fall asleep behind the wheel of a vehicle or if they stop on the side of the road to rest. Although these crimes are not as serious as actually driving while under the influence of alcohol or drugs, they can result in lesser charges that carry the possibility of fines, jail time, and the suspension of a driver’s license.

What Is the Legal Limit for DUI in Ohio?

The legal blood alcohol concentration (BAC) limit for Ohio drivers over 21 years of age is 0.08 percent—individuals with BACs over 0.170 percent face more severe fines and punishments. For individuals under 21 years of age, the limit is 0.02 percent.

A person in Ohio does not have to be intoxicated to be arrested for driving under the influence. Individuals that fall below the legal limit can still be charged with driving while impaired. To arrest a driver for OVI, the officer must establish probable cause that the driver is under the influence and that they are impaired while driving.

An individual is considered “impaired” if they consume any amount of alcohol. Concerning OVI arrests, it is not a question of how much alcohol would affect their ability to drive, but how much the amount they did drink affected their ability to drive.

Protect Your Future by Partnering with Our Cleveland DUI Lawyers

If you are arrested for DUI or OVI, it is imperative that you contact a reputable DUI attorney to defend you. A driver’s license is essential to most adults. Do not attempt to represent yourself when so much is at stake. Attorney Rod Mastandrea is well-versed in criminal law and ready to represent you in your DUI or OVI case.

Contact our Cleveland DUI/OVI lawyer by calling (216) 306-5105 today!

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What are the Penalties of a DUI or OVI Conviction?

Individuals charged with driving under the influence face various charges, including:

Jail time
Fines
Driver’s license suspension
Interlock ignition device installation

The consequences of a DUI or OVI conviction can seriously disrupt a person’s life, financially or otherwise. It is in your best interest to consult with a reputable attorney to work with you on your case. At Mastandrea Law, LLC, we work aggressively toward a favorable outcome for clients charged with driving under the influence of alcohol or drugs.

How to Stop the Suspension of Your Driver’s License

If you are charged with driving under the influence or operating a vehicle while impaired in Ohio, your license will be suspended for a minimum of six months. In either case, you have the right to request a hearing with the Bureau of Motor Vehicles within 30 days of your suspension date to contest the suspension.

It’s critical that you act quickly; if you wait too long, you will not be able to request a hearing, and your driver’s license will be suspended for six months or more. We encourage you to reach out to our Cleveland DUI/OVI lawyer as soon as possible for help requesting your hearing.

Learn more about how our Cleveland DUI/OVI lawyer can help by contacting us online or by calling (216) 306-5105 today!

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What Is Annie’s Law?

After the enactment of Annie’s law, individuals arrested after April 6, 2017, extended the option for the courts to fit a vehicle with an ignition interlock device. This law enables drivers to continue operating their vehicles instead of having their licenses suspended for an extended period.

Additionally, the amount of time between previous OVI convictions was extended from 6 to 10 years. This change drastically extends the look-back period afforded to judges when they are considering previous charges for sentencing purposes.

Felony & Misdemeanor OVI Charges

Individuals arrested for OVI are charged under either one of the two possible categories:

Misdemeanor DUI/OVI
Felony DUI/OVI

Misdemeanor OVI charges typically come with substantive consequences, but they are nothing in comparison to those of felony charges.

Individuals charged with felony OVI face a minimum of 60 days in jail, a license suspension, forfeiture of their vehicles, $1,350 in fines, and more. If you have been arrested for a felony OVI, it is imperative that you seek aggressive legal representation as soon as possible. Call Mastandrea Law, LLC today to speak with one of our qualified and skilled attorneys about your charges.

What Happens in a DUI Car Accident with an Injury?

When a person is involved in a car accident, it is a very stressful situation. Being charged with an OVI or DUI on top of a car accident can amplify the stress of the incident immensely. Even if your BAC was well below the legal limit, having even a trace of alcohol in your system at the time of an accident can drastically shift the blame to you.

In these cases, you must be prepared to fight diligently to protect your rights. Accidents involving DUI and OVI charges often require expert witnesses that go in and reconstruct the scene of the accident. It is imperative that a strong line of defense is presented in support of the defendant, or they will be charged criminally and possibly in civil court as well. If you are arrested for DUI with injury, contact Mastandrea Law, LLC as soon as possible.

Penalties for DUI/OVI Convictions in Ohio

The penalties for a DUI or OVI conviction in Ohio often depend on several factors. If a person or someone’s property was damaged or someone was injured during an accident, you’d face a more severe punishment than an arrest where no one was injured and nothing was damaged. The penalties for DUI/OVI often depend on whether you are a first-time offender or a repeat offender.

First-Time Offenders: Individuals arrested for their first DUI/OVI face the most lenient charges. They may be sent to jail for 3 days to 6 months, depending on the circumstances of their case. These individuals face up to $1,000 in fines, may have to take 3 days of DUI classes, and may have their license suspended for a period of 6 months to 3 years, depending on their BAC at the time of the arrest. If a person has a BAC of 0.17% or above, the minimum jail sentence is increased to 6 days.
Second-Time Offenders: Individuals arrested for their second DUI/OVI face a minimum of 10 days in jail. They face up to $1,500 in fines, and they can be placed on house arrest for 18 days to 6 months. These individuals can have their license suspended for up to 5 years, depending on their BAC at the time of their arrest. Additionally, drivers with a BAC of 0.17% or above face a minimum of 20 days in jail.
Third-Time Offenders: Individuals arrested for their third OVI or DUI face up to a year in jail. They can have fines up to $1,500, and their license can be suspended for up to 10- years. If a person has a BAC of 0.17% or above, they face a minimum of 60 days in jail.
Fourth-Time Offenders: A person convicted of their fourth DUI or OVI in Ohio faces felony criminal charges. Felony charges bring forth much harsher punishments. These penalties include up to $10,000 in fines, a year in jail, and they will be required to forfeit their vehicle and enter alcohol treatment. These individuals also face the possibility of permanent license suspension.

As you can tell, the penalties for DUI/OVI convictions increase the more times a person is arrested. Judges tend to be more lenient to individuals facing their first DUI/OVI charge than they are to individuals that are repeat offenders. In any case, it is important to hire a reputable DUI/OVI attorney in Cleveland to fight for your rights. Attorney Rod Mastandrea prides himself on his proven record of helping clients minimize their sentences and penalties whenever possible.

How Mastandrea Law, LLC Can Help with Your DUI/OVI Case

Mastandrea Law, LLC has extensive experience representing clients charged with driving under the influence in Cleveland and the surrounding areas. We work toward more favorable endings for every client.

Our aggressive approach recently enabled us to negotiate a fine-only disposition for a client facing charges for driving under the influence. At the end of the day, our client walked away with a charge of reckless operation. We also have a track record of helping clients get their charges reduced, as well as helping them avoid jail time.

If you are charged with driving under the influence, one of the best things you can do to help yourself is to get in touch with a criminal defense attorney who has the experience needed to fight tirelessly for you. The more information you have, the better equipped you will be to defend yourself in court. Our team at Mastandrea Law, LLC can help make sure you have all the knowledge you need to prepare a solid case so you can move forward confidently.

Commonly Asked Questions

What are the consequences of a DUI/OVI charge in Cleveland, Ohio?

In Cleveland, Ohio, a DUI/OVI charge can lead to serious repercussions including fines, jail time, and the suspension of your driver's license. The severity of the consequences often depends on factors such as your blood alcohol concentration (BAC) at the time of arrest, prior offenses, and whether the incident resulted in an accident or injuries. It's crucial to understand that even lesser charges can have significant impacts on your life, which is why legal representation is important.

Can I be charged with DUI/OVI in Ohio if I'm not driving a car?

Yes, in Ohio, DUI/OVI charges are not limited to cars. You can be charged if you are operating any type of vehicle, including ATVs, bicycles, boats, golf carts, mopeds, and tractors. Even if you are not actively driving but are in control of the vehicle, such as sleeping behind the wheel or resting on the side of the road, you can face DUI/OVI charges. Understanding the broad definition of 'operating a vehicle' is essential for anyone who uses any form of transportation.

What is the legal BAC limit for drivers over 21 in Ohio?

For drivers over the age of 21 in Ohio, the legal blood alcohol concentration (BAC) limit is 0.08 percent. However, it's important to note that individuals with BACs over 0.170 percent are subject to more severe fines and punishments. For drivers under 21, the legal limit is significantly lower at 0.02 percent. It's also possible to be charged with OVI with a BAC below these limits if an officer deems you impaired while driving.

How can an attorney assist me if I'm arrested for DUI/OVI in Ohio?

An attorney can provide invaluable assistance if you're arrested for DUI/OVI in Ohio by helping you understand your legal rights and options, guiding you through the complexities of the court system, and representing you in court. A knowledgeable attorney will explore all available legal defenses and work to ensure the best possible outcome for your case. Given the potential impact on your future, including the loss of your driving privileges, seeking professional legal counsel is a critical step.

Contact Our Cleveland DUI/OVI Lawyer Today

If you are charged with driving under the influence, contact Mastandrea Law, LLC as soon as possible. Attorney Mastandrea prides himself on taking a practical, prudent, and innovative approach to every case. Mastandrea Law, LLC fights aggressively to meet each client’s expectations while working tirelessly to minimize charges. Contact Mastandrea Law, LLC today to see how we can help you.

Request a free and confidential consultation today; call (216) 306-5105 or contact us online.

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