A DUI in Ohio is also known as an OVI, which legally falls under operating a vehicle under the influence or operating the vehicle impaired. It is vital to note that minors and adults face different charges if found guilty of driving under the influence of alcohol.
Any person under the age of 21 years, found driving with a blood alcohol count BAC) of 0.02% or a 0.04% for a commercial vehicle, is charged with Operating a Vehicle After Underage Consumption (OVAUC). Meanwhile, any Persons aged 21 years and above is accused of an OVI if found with a BAC of 0.08% or 0.04% for driving a commercial vehicle.
Tests conducted
There are different chemical tests carried out in the state of Ohio to determine the level of BAC; such are breath test, urine test, and whole blood and blood/plasma serum tests. Tests are grouped either as a low or as high test. It is within the law to refuse to participate in a chemical test, or you can as well choose to pay for your tests. It is essential to note that refusal to conduct a test without a proper reason will incur you more penalties and charges.
Administrative and Criminal Penalties
In Ohio, the Bureau of Motor vehicles in collaboration with the state police will suspend your driving license if you fail a test or decline to take one. Persons charged with an OVI or an OVUAC face different suspension periods based on whether you failed a test or failure to take a test.
For OVI
First-time offenders will incur a license suspension of 90 days. Until 15 days after the suspension incident is over, a person will not enjoy any driving privileges. A person will face a minimum of 3 days and a maximum of 6 months in jail time. A judge is the only one who can only nullify the jail time order. An offender will be charged with at least $375 and a maximum of $1075 in fines respectively.
For OVAC
First-time offenders incur a mandatory driving license suspension of at least 90 days with a maximum of 5 years.
Refusal to Test
Refusal to partake in a chemical test will give you a mandatory of 1- year driving license suspension.
It is imperative to note that, if found on at least four counts of offenses within a six year period, you will face a felony charge.
If you need an experienced DUI lawyer, contact the criminal law firm Mango Law today.