OVI / DUI LAWYER
OHIO & KENTUCKY
OHIO & KENTUCKY
Robert Poole
Cincinnati OVI Attorney, Kentucky DUI Lawyer
If you’ve been arrested for an OVI / DUI in Cincinnati or Northern Kentucky, contact our experienced attorneys at Robert Poole Law. A drunk driving conviction can leave you with a criminal record, loss of your license, and thousands of dollars in fines, fees, and higher insurance rates. If you or a loved one have been arrested for an OVI / DUI, we will put our years of experience to work for you. Don't leave your future to chance. Take action! Contact Robert Poole Law today for a free consultation.
If you’ve been arrested for an OVI / DUI in Cincinnati or Northern Kentucky, contact our experienced attorneys at Robert Poole Law. A drunk driving conviction can leave you with a criminal record, loss of your license, and thousands of dollars in fines, fees, and higher insurance rates. If you or a loved one have been arrested for an OVI / DUI, we will put our years of experience to work for you. Don't leave your future to chance. Take action! Contact Robert Poole Law today for a free consultation.
1. Ohio -OVI Penalties and Suspensions
| ohio_ovi_chart_penalties_and_suspensions.pdf |
Operating a vehicle under the influence (OVI) is one of the most common criminal charges for drivers in Cincinnati. Drivers under the influence of alcohol or drugs can lose their license, face jail time, fines, fees, and end up with a criminal record. Multiple OVI violations or high alcohol levels can lead to additional penalties. Before pleading guilty to an OVI charge, talk to your Cincinnati OVI attorney who will fight for you to keep your license and keep your record clean.
First OVI
Most OVI arrests begin with a driver being pulled over for a traffic violation. Even a broken taillight is enough for an officer to pull you over. If the officer notices slurred speech, the smell of alcohol, bloodshot eyes, or sees an open container, they may suspect the driver to be under the influence of alcohol. They may then ask the driver to perform a number of field sobriety tests or submit to a field breath test.
If the police have probable cause to believe you are under the influence of drugs or alcohol, they will arrest you on suspicion of OVI. Most people are surprised to learn they could face jail time for a first-time OVI. Penalties for an OVI conviction depend on the driver’s alcohol level. A blood alcohol content (BAC) test of whole blood or breath with results between 0.08% and 0.17% is considered a low test OVI. A BAC of 0.17% or higher is a high test OVI.
Under Ohio law, a low test OVI carries a minimum penalty of three days in jail. However, in many cases, a judge will allow the defendant to serve their “jail” time during a drivers’ intervention program. In addition, a driver may lose their license for 1 to 3 years, and pay court fines and fees.
A high test OVI conviction may result in a minimum of 6 days in jail, up to a maximum of 6 months. They may also have to complete a court-ordered driver intervention program, have their license suspended for up to 3 years, and pay increased fines and fees.
Ignition Interlock Devices
Annie’s Law went into effect on April 6, 2017. This law changed Ohio’s OVI laws dramatically, increasing license suspension period, extendng the lookback period for multiple OVIs, and allowing those convicted of an OVI to drive with an ignition interlock device on their vehicle.
An ignition interlock device (IID) is installed in the driver’s vehicle and acts like a breathalyzer, requiring an alcohol-free breath sample before the driver can start the car and continue driving. A first-time OVI conviction has a minimum one-year license suspension. However, if the driver has an IID installed in their vehicle, they can reduce their suspension period to 6 months.
Tampering with an IID, having another person provide the breath sample, recording a positive alcohol reading, or driving a vehicle without an IID can result in criminal penalties and an increased license suspension.
Multiple OVIs
Ohio previously had a look-back period of 6 years for multiple OVIs. However, since Annie’s Law went into effect April 6, 2017, the new look-back period is 10 years. Multiple OVIs within a 10-year period will lead to increased penalties. A driver arrested for a second OVI may face a minimum of 10 days in jail, up to a maximum 6 months. A judge may also impose house arrest with alcohol monitoring. In addition, the driver will face fines of up to $1,625, a suspended license for up to 5 years, and a drug or alcohol assessment.
A third offense in 6 years results in jail time from 30 days up to a year, fines of up to $2,750, a license suspended for up to 10 years, and drug or alcohol treatment. A fourth OVI in 6 years is a felony offense. The minimum jail time is 60 days, up to a maximum of 30 months in prison. A felony OVI conviction could also result in a lifetime loss of their driving privileges.
Operating Under the Influence of Drugs
While most OVI arrests involve alcohol, the number of arrests involving operating a vehicle under the influence of drugs is on the rise. This is not limited to illegal drugs, but also includes prescription drugs if they impair the driver’s ability to safely operate the vehicle. Chemical blood or urine tests may show evidence of marijuana/marihuana, methamphetamines, phencyclidine, cocaine, amphetamines, heroin, LSD, or other drugs. The penalties for drug OVI are similar to those for alcohol. This includes a suspended license, possible jail time, fines, and possible drug abuse education or counseling.
Commercial Driver OVI
Professional drivers, or those who have a commercial driver’s license (CDL), face increased scrutiny for driving under the influence. For regular drivers, having a BAC of 0.08% or higher is over the legal limit. However, for commercial drivers, they can be charged with an OVI if they have any detectable amount of alcohol in their system. Even a light beer with lunch could lead to an arrest.
A commercial OVI arrest may lead to an immediate suspension period. Penalties for a BAC of 0.04% or higher may result in jail, fines, and a one-year suspension of their CDL. Refusing to submit to chemical tests may result in similar penalties. Unlike regular drivers, a suspended license for a commercial driver may put them out of work for up to a year. A second commercial OVI could result in a lifetime loss of their license.
Underage OVI
Ohio has a zero tolerance policy for underage drinking and driving. A driver under the age of 21 with any amount of alcohol in the body over 0.02% BAC is generally considered operating a vehicle after underage consumption (OVUAC). Penalties for underage drinking and driving include a 90-day license suspension, retesting in order to get your license reinstated, and driving classes. However, if the driver has an alcohol level of 0.08% or higher, they may face the same penalties as an adult convicted of an OVI.
Suspended License After an OVI
Losing your license after an OVI arrest is an administrative penalty with the Bureau of Motor Vehicles (BMV). Your license may be taken away on the spot, even before you ever get to have your day in court. Additionally, refusing to submit to a chemical test may result in a suspended license for 1 year, or longer for multiple violations. In order to get your license back, you must complete your suspension period, pay a reinstatement fee, and provide proof of insurance.
Since April 6, 2017, the range for driver’s license suspensions has increased. A first OVI offense can result in a suspension period of between 1 and 3 years. A second OVI offense can result in a suspended license for 1 to 7 years. A third OVI offender can have their license suspended for 2 to 12 years.
First time OVI offenders may be able to reduce the suspension period license by up to half if they get an ignition interlock device installed on their vehicle, to ensure the driver is alcohol-free.
Cincinnati OVI Attorneys
If you’ve been arrested for an OVI in Cincinnati, contact our experienced attorneys at Robert Poole Law. A drunk driving conviction can leave you with a criminal record, loss of your license, and thousands of dollars in fines, fees, and higher insurance rates. If you or a loved one have been arrested for an OVI, we will put our years of experience to work for you. Don't leave your future to chance. Take action! Contact Robert Poole Law today for a free consultation.
A conviction for OVI in Ohio can result in a suspended license, jail time, expensive fines, and require an ignition interlock device.
First OVI
Most OVI arrests begin with a driver being pulled over for a traffic violation. Even a broken taillight is enough for an officer to pull you over. If the officer notices slurred speech, the smell of alcohol, bloodshot eyes, or sees an open container, they may suspect the driver to be under the influence of alcohol. They may then ask the driver to perform a number of field sobriety tests or submit to a field breath test.
If the police have probable cause to believe you are under the influence of drugs or alcohol, they will arrest you on suspicion of OVI. Most people are surprised to learn they could face jail time for a first-time OVI. Penalties for an OVI conviction depend on the driver’s alcohol level. A blood alcohol content (BAC) test of whole blood or breath with results between 0.08% and 0.17% is considered a low test OVI. A BAC of 0.17% or higher is a high test OVI.
Under Ohio law, a low test OVI carries a minimum penalty of three days in jail. However, in many cases, a judge will allow the defendant to serve their “jail” time during a drivers’ intervention program. In addition, a driver may lose their license for 1 to 3 years, and pay court fines and fees.
A high test OVI conviction may result in a minimum of 6 days in jail, up to a maximum of 6 months. They may also have to complete a court-ordered driver intervention program, have their license suspended for up to 3 years, and pay increased fines and fees.
Ignition Interlock Devices
Annie’s Law went into effect on April 6, 2017. This law changed Ohio’s OVI laws dramatically, increasing license suspension period, extendng the lookback period for multiple OVIs, and allowing those convicted of an OVI to drive with an ignition interlock device on their vehicle.
An ignition interlock device (IID) is installed in the driver’s vehicle and acts like a breathalyzer, requiring an alcohol-free breath sample before the driver can start the car and continue driving. A first-time OVI conviction has a minimum one-year license suspension. However, if the driver has an IID installed in their vehicle, they can reduce their suspension period to 6 months.
Tampering with an IID, having another person provide the breath sample, recording a positive alcohol reading, or driving a vehicle without an IID can result in criminal penalties and an increased license suspension.
Multiple OVIs
Ohio previously had a look-back period of 6 years for multiple OVIs. However, since Annie’s Law went into effect April 6, 2017, the new look-back period is 10 years. Multiple OVIs within a 10-year period will lead to increased penalties. A driver arrested for a second OVI may face a minimum of 10 days in jail, up to a maximum 6 months. A judge may also impose house arrest with alcohol monitoring. In addition, the driver will face fines of up to $1,625, a suspended license for up to 5 years, and a drug or alcohol assessment.
A third offense in 6 years results in jail time from 30 days up to a year, fines of up to $2,750, a license suspended for up to 10 years, and drug or alcohol treatment. A fourth OVI in 6 years is a felony offense. The minimum jail time is 60 days, up to a maximum of 30 months in prison. A felony OVI conviction could also result in a lifetime loss of their driving privileges.
Operating Under the Influence of Drugs
While most OVI arrests involve alcohol, the number of arrests involving operating a vehicle under the influence of drugs is on the rise. This is not limited to illegal drugs, but also includes prescription drugs if they impair the driver’s ability to safely operate the vehicle. Chemical blood or urine tests may show evidence of marijuana/marihuana, methamphetamines, phencyclidine, cocaine, amphetamines, heroin, LSD, or other drugs. The penalties for drug OVI are similar to those for alcohol. This includes a suspended license, possible jail time, fines, and possible drug abuse education or counseling.
Commercial Driver OVI
Professional drivers, or those who have a commercial driver’s license (CDL), face increased scrutiny for driving under the influence. For regular drivers, having a BAC of 0.08% or higher is over the legal limit. However, for commercial drivers, they can be charged with an OVI if they have any detectable amount of alcohol in their system. Even a light beer with lunch could lead to an arrest.
A commercial OVI arrest may lead to an immediate suspension period. Penalties for a BAC of 0.04% or higher may result in jail, fines, and a one-year suspension of their CDL. Refusing to submit to chemical tests may result in similar penalties. Unlike regular drivers, a suspended license for a commercial driver may put them out of work for up to a year. A second commercial OVI could result in a lifetime loss of their license.
Underage OVI
Ohio has a zero tolerance policy for underage drinking and driving. A driver under the age of 21 with any amount of alcohol in the body over 0.02% BAC is generally considered operating a vehicle after underage consumption (OVUAC). Penalties for underage drinking and driving include a 90-day license suspension, retesting in order to get your license reinstated, and driving classes. However, if the driver has an alcohol level of 0.08% or higher, they may face the same penalties as an adult convicted of an OVI.
Suspended License After an OVI
Losing your license after an OVI arrest is an administrative penalty with the Bureau of Motor Vehicles (BMV). Your license may be taken away on the spot, even before you ever get to have your day in court. Additionally, refusing to submit to a chemical test may result in a suspended license for 1 year, or longer for multiple violations. In order to get your license back, you must complete your suspension period, pay a reinstatement fee, and provide proof of insurance.
Since April 6, 2017, the range for driver’s license suspensions has increased. A first OVI offense can result in a suspension period of between 1 and 3 years. A second OVI offense can result in a suspended license for 1 to 7 years. A third OVI offender can have their license suspended for 2 to 12 years.
First time OVI offenders may be able to reduce the suspension period license by up to half if they get an ignition interlock device installed on their vehicle, to ensure the driver is alcohol-free.
Cincinnati OVI Attorneys
If you’ve been arrested for an OVI in Cincinnati, contact our experienced attorneys at Robert Poole Law. A drunk driving conviction can leave you with a criminal record, loss of your license, and thousands of dollars in fines, fees, and higher insurance rates. If you or a loved one have been arrested for an OVI, we will put our years of experience to work for you. Don't leave your future to chance. Take action! Contact Robert Poole Law today for a free consultation.
A conviction for OVI in Ohio can result in a suspended license, jail time, expensive fines, and require an ignition interlock device.
2. KENTUCKY -DUI Penalties & Suspensions
| dui_penalties_-_ky_transportation_cabinet.doc.pdf |
KY Transportation Cabinet Division of Driver Licensing
DUI Laws in Kentucky
WHAT IS DUI? WHAT DOES IT MEAN?
DUI is an abbreviation of driving while under the influence of intoxicants (alcohol) or of any substance or substances which impair driving ability. Other substances can include illegal drugs, prescription drugs, inhalants such as glue, gasoline, spray paint etc., and/or over the counter medications. Kentucky’s DUI law has an "Illegal Per Se" provision. "Illegal Per Se" (On the face of or by itself) means it is illegal to drive with a blood or breath alcohol content of 0.08 or higher.
Prosecutors no longer have to prove defendants were impaired if they are being tried for the per se clause of K.R.S. 189A.010. Requires that test be given within 2 hours of operation of motor vehicle for results to be admitted into evidence in per se DUI prosecutions.
*Operators can be convicted at levels lower than .08 based on other evidence which indicates impairment.
*Drivers under the age of 21 are deemed to be under the influence at .02 breath or blood alcohol level.
*Commercial vehicle drivers operating commercial vehicles are deemed to be under the influence at a breath or blood alcohol level of .04. Commercial vehicle operators may also be placed out of service for 24 hours for any detectable amount of alcohol or controlled substance in their system. KRS 281A.210
The DUI law establishes minimum jail times (which cannot be probated, suspended, conditionally discharged or otherwise subject to early release) if convicted of DUI and aggravating circumstance(s) exist:
Aggravating Circumstances (KRS 189A.010 [11]) Result in higher minimum jail time:
First Offense Within a Ten Year Period
$200 - 500 Fine
2 to 30 Days in Jail
90 Day Alcohol or Substance Abuse Program
30 to 120 Day License Suspension
Possible 48 Hours - 30 Days Community Labor
*If aggravating circumstances present-4 days imprisonment
Second Offense Within a Ten Year Period
$350-500 Fine
10 Days-6 Months Community Labor
7 Days - 6 Months in Jail
1 Yr Alcohol or Substance Abuse Treatment
12 to 18 Month License Suspension
*If aggravating circumstances present-14 days imprisonment
Third Offense Within a Ten Year Period
$500 - 1,000 Fine/30 Days-12 Months Jail
10 Day-12 Months Community Labor
Year Alcohol or Substance Abuse Treatment
24 to 36 Month License Suspension
*If aggravating circumstances present-60 days imprisonment
Fourth Offense Within a Ten Year Period
Class D Felony
Minimum Term 120 Days Imprisonment Without Probation
60 Month License Suspension
1 Year Alcohol or Substance Abuse Treatment
*If aggravating circumstances present-240 days imprisonment
IMPLIED CONSENT
Implied Consent applies to any person who operates or is in physical control of a motor vehicle or a vehicle that is not a motor vehicle anywhere in Kentucky. Implied Consent means that when a person operates or is in physical control of a motor vehicle or a vehicle that is not a motor vehicle as defined by statute in Kentucky they have been deemed to have given consent to one (1) or more tests of blood, breath and urine, or combination for the purpose of determining alcohol concentration or presence of a substance which may impair one’s driving ability. Only through a test of blood, breath or urine can alcohol levels be accurately measured. The breath test is precise and efficient in measuring BRAC.
It analyzes a breath sample to determine the amount of alcohol in the breath. A blood test measures the amount of alcohol in the blood. (Alcohol concentration means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath)
License Suspension for Refusal to Take Alcohol or Subsequent Tests
It should be noted that all of the offenses listed below are for refusals within a five year period.
1st Offense 30 to 120 Days 3rd Offense 24 to 36 Months
2nd Offense 12 to 18 Months 4th Offense or subsequent-60 Months
Whether you are found guilty or innocent of the DUI charge, you will remain answerable for the Refusal and risk license suspension.
BAC - Stands for Blood Alcohol Concentration and refers to the amount of ethyl alcohol in the blood.
BRAC- Stands for Breath Alcohol Concentration and refers to the amount of ethyl alcohol in the breath.
Factors Which May Affect
Blood Alcohol Concentration
Other Factors Which May
Affect Your Driving Ability
The rest is eliminated through the lungs, perspiration, and urine. The only thing that sobers you up is time. If you drink or take substances which affect you physically/mentally..DO NOT DRIVE!!!
Open Container Law
This new provision prohibits an open alcoholic beverage in the passenger area of a motor vehicle while on the public highways or right of way. To learn more about these laws, visit http://www.nhtsa.dot.gov/people/injury/research/OpenContainer/.
License Plate Confiscation and Ignition Interlocks for Repeat Offenders
Ignition Interlock Device
Drivers convicted of a second or subsequent DUI will forfeit their license plates to the courts during the period in which the driver license is suspended. The court may order an ignition interlock device to be installed on the violator's vehicle after the driver serves a statutory suspension period. The ignition interlock device prevents a driver from operating that vehicle if the driver's BAC is .02 or greater.
DUI Laws in Kentucky
WHAT IS DUI? WHAT DOES IT MEAN?
DUI is an abbreviation of driving while under the influence of intoxicants (alcohol) or of any substance or substances which impair driving ability. Other substances can include illegal drugs, prescription drugs, inhalants such as glue, gasoline, spray paint etc., and/or over the counter medications. Kentucky’s DUI law has an "Illegal Per Se" provision. "Illegal Per Se" (On the face of or by itself) means it is illegal to drive with a blood or breath alcohol content of 0.08 or higher.
Prosecutors no longer have to prove defendants were impaired if they are being tried for the per se clause of K.R.S. 189A.010. Requires that test be given within 2 hours of operation of motor vehicle for results to be admitted into evidence in per se DUI prosecutions.
*Operators can be convicted at levels lower than .08 based on other evidence which indicates impairment.
*Drivers under the age of 21 are deemed to be under the influence at .02 breath or blood alcohol level.
*Commercial vehicle drivers operating commercial vehicles are deemed to be under the influence at a breath or blood alcohol level of .04. Commercial vehicle operators may also be placed out of service for 24 hours for any detectable amount of alcohol or controlled substance in their system. KRS 281A.210
The DUI law establishes minimum jail times (which cannot be probated, suspended, conditionally discharged or otherwise subject to early release) if convicted of DUI and aggravating circumstance(s) exist:
Aggravating Circumstances (KRS 189A.010 [11]) Result in higher minimum jail time:
- Over 30 mph over speed limit
- Wrong way on limited access highway
- Causes accident resulting in death or serious physical injury
- Alcohol level of .18 or more within 2 hours after operating
- Refusal to submit to testing
- Transporting passengers under 12 years of age
First Offense Within a Ten Year Period
$200 - 500 Fine
2 to 30 Days in Jail
90 Day Alcohol or Substance Abuse Program
30 to 120 Day License Suspension
Possible 48 Hours - 30 Days Community Labor
*If aggravating circumstances present-4 days imprisonment
Second Offense Within a Ten Year Period
$350-500 Fine
10 Days-6 Months Community Labor
7 Days - 6 Months in Jail
1 Yr Alcohol or Substance Abuse Treatment
12 to 18 Month License Suspension
*If aggravating circumstances present-14 days imprisonment
Third Offense Within a Ten Year Period
$500 - 1,000 Fine/30 Days-12 Months Jail
10 Day-12 Months Community Labor
Year Alcohol or Substance Abuse Treatment
24 to 36 Month License Suspension
*If aggravating circumstances present-60 days imprisonment
Fourth Offense Within a Ten Year Period
Class D Felony
Minimum Term 120 Days Imprisonment Without Probation
60 Month License Suspension
1 Year Alcohol or Substance Abuse Treatment
*If aggravating circumstances present-240 days imprisonment
IMPLIED CONSENT
Implied Consent applies to any person who operates or is in physical control of a motor vehicle or a vehicle that is not a motor vehicle anywhere in Kentucky. Implied Consent means that when a person operates or is in physical control of a motor vehicle or a vehicle that is not a motor vehicle as defined by statute in Kentucky they have been deemed to have given consent to one (1) or more tests of blood, breath and urine, or combination for the purpose of determining alcohol concentration or presence of a substance which may impair one’s driving ability. Only through a test of blood, breath or urine can alcohol levels be accurately measured. The breath test is precise and efficient in measuring BRAC.
It analyzes a breath sample to determine the amount of alcohol in the breath. A blood test measures the amount of alcohol in the blood. (Alcohol concentration means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath)
License Suspension for Refusal to Take Alcohol or Subsequent Tests
It should be noted that all of the offenses listed below are for refusals within a five year period.
1st Offense 30 to 120 Days 3rd Offense 24 to 36 Months
2nd Offense 12 to 18 Months 4th Offense or subsequent-60 Months
Whether you are found guilty or innocent of the DUI charge, you will remain answerable for the Refusal and risk license suspension.
BAC - Stands for Blood Alcohol Concentration and refers to the amount of ethyl alcohol in the blood.
BRAC- Stands for Breath Alcohol Concentration and refers to the amount of ethyl alcohol in the breath.
Factors Which May Affect
Blood Alcohol Concentration
Other Factors Which May
Affect Your Driving Ability
- Health
- Body Weight
- Food in the Stomach
- Amount Consumed
- Rate of Consumption
- Prescription Drugs
- Over-the-Counter Drugs
- Inhalants such as glue, gasoline etc.
- Illegal Drugs
The rest is eliminated through the lungs, perspiration, and urine. The only thing that sobers you up is time. If you drink or take substances which affect you physically/mentally..DO NOT DRIVE!!!
Open Container Law
This new provision prohibits an open alcoholic beverage in the passenger area of a motor vehicle while on the public highways or right of way. To learn more about these laws, visit http://www.nhtsa.dot.gov/people/injury/research/OpenContainer/.
License Plate Confiscation and Ignition Interlocks for Repeat Offenders
Ignition Interlock Device
Drivers convicted of a second or subsequent DUI will forfeit their license plates to the courts during the period in which the driver license is suspended. The court may order an ignition interlock device to be installed on the violator's vehicle after the driver serves a statutory suspension period. The ignition interlock device prevents a driver from operating that vehicle if the driver's BAC is .02 or greater.