In Ohio, law enforcement often refers to a DUI as operating a vehicle under the influence or OVI. The offense carries a hefty sentence in order to deter a second offense. Knowing the facts can greatly help a client's case and may provide an experienced attorney with a way to lessen or drop the charge.
Blood Alcohol Content
A driver’s BAC level for an OVI is .02% for drivers under 21 years of age, .08% for drivers over 21 and .04% for commercial drivers.
Ohio is an implied consent law state. If a person refuses to take a chemical test, they will be fined and have an automatic license suspension. For the first offense, the driver’s license is suspended for 1 year.
First Offense Penalties
If a driver is convicted of drunk driving in Ohio, they receive an Administrative License Suspension for 90 days. This is a separate suspension of the court order that can be a suspension for 6 months to 3 years long. If the BAC was between .08% and .17%, there is a mandatory 72 hours jail sentence and a fine between $250 and $1,000 that is imposed.
Plea Bargains of Wet Reckless
In order for a person to file a plea bargain, they have to enlist the help of an attorney. The prosecutor can accept this plea as a reckless driving charge with alcohol involved. Is may be appropriate if the BAC is only borderline illegal, there was no accident as a result of the alcohol and the driver has no previous record. If the plea is accepted and charges are lessened, a subsequent DWI/OVI would treat the first wet reckless charge as a prior DWI/OVI and charges will be on the second offense tier instead of the first.
Driver’s Rights Violations for Wet Recklessness Plea
If a driver’s rights were violated during the offense, an attorney needs to present the facts to the prosecutor to make it more difficult for him to win his case. Questions to ask the driver are:
- Was there probable cause for the traffic stop?
- What were the officer’s observations? In addition, any witnesses observations or erratic or unsafe driving.
- Did the officer actually see the person driving?
- Was the driver given a breathalyzer text? About how soon after the last drink was the test given?
- Was the field sobriety test properly administered? Were there any weather conditions that could have affected the outcome of the test?
- Did the driver have their Miranda Rights read to them?
Any of these violations of the driver's rights can lessen the charge or even have it thrown out.
If you're looking for a DUI lawyer, contact Mango Law LLC today. We are a criminal law firm in Ohio that is dedicated to providing legal assistance for a wide variety of cases. From DUI's to criminal charges, we can help.