OVI / DUI LAWYER
OHIO & KENTUCKY
OHIO & KENTUCKY
1. Ohio -OVI / DUI
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.
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.
2. KENTUCKY -DUI
(a) First Offense Within 10 Years: (1) Penalties - $200 to $500 fine and/or 48 hours to 30 days jail. Community labor of 48 hours to 30 days may be substituted for fine or jail. If an aggravating circumstance is present at commission of offense, there is a mandatory minimum of four (4) days imprisonment. (2) Costs and Fees - Court Costs, DUI Service Fee, Treatment Program Fee, County Fees, State Fees. (3) Alcohol or Substance Abuse Treatment Program - 90 days. (4) License Revoked - 30-120 days (or if Defendant is under 18, until Defendant reaches age 18, whichever is longer). May apply for hardship license after minimum suspension period expires. If aggravated offense, mandatory ignition interlock license/device for a period of six months.
(b) Second Offense Within 10 Years: (1) Penalties - $350 to $500 fine and 7 days to 6 months jail. Court may order 10 days to 6 months community labor. Must serve minimum of jail and/or community labor. If aggravating circumstance present, mandatory minimum term of imprisonment shall be 14 days. (2) Costs and Fees - Court Costs, DUI Service Fee, Treatment Program Fee, County Fees, State Fees. (3) Alcohol or Substance Abuse Treatment Program - 1 year. (4) License Revoked - 12 - 18 months (or if Defendant is under 18, until Defendant reaches age 18, whichever is longer). (5) Ignition Interlock - mandatory ignition interlock license/device for a period of twelve (12) months. License plate impoundment if ignition interlock license requirements are not met.
(c) Third Offense Within 10 Years: (1) Penalties - $500 to $1000 fine and 30 days to 12 months jail, and court may order 10 days to 12 months community labor. Must serve minimum of jail and/or community labor. If aggravating circumstance present, mandatory minimum term of imprisonment shall be 60 days. (2) Costs and Fees - Court Costs, DUI Service Fee, Treatment Program Fee, County Fees, State Fees. (3) Alcohol or Substance Abuse Treatment Program - 1 year. (4) License Revoked - 24 to 36 months (5) Ignition Interlock - mandatory ignition interlock license/device for a period of thirty (30) months. License plate impoundment if ignition interlock license requirements are not met.
(d) Fourth or Subsequent Offense Within 10 Years: (1) Penalties - 1 to 5 years (Class D Felony). Must serve 120 days. If aggravating circumstance present, mandatory minimum term of imprisonment shall be 240 days. (2) Costs and Fees - Court Costs, DUI Service Fee, Treatment Program Fee, County Fees, State Fees. (3) Alcohol or Substance Abuse Treatment Program - 1 year. (4) License Revoked - 5 years. No hardship license. (5) Ignition Interlock - mandatory ignition interlock license/device for a period of thirty (30) months. License plate impoundment if ignition interlock license requirements are not met.
(e) Aggravating Circumstances referred to above are: (1) Operating motor vehicle (MV) in excess of 30 miles per hour above the speed limit; (2) Operating MV in wrong direction on limited access highway; (3) Operating MV that causes accident resulting in death or serious physical injury; (4) Operating MV while alcohol concentration in operator’s blood or breath is 0.15 or more as measured by test(s) of a sample of the operator’s blood or breath taken within 2 hours of cessation of operation of MV; (5) Refusing to submit to any test(s) [blood, breath, or urine] requested by officer having reasonable grounds to believe person was operating or in physical control of a MV in violation of KRS 189A.010(1); and (6) Operating MV that is transporting a passenger under 12 years of age.
(a) First Offense Within 10 Years: (1) Penalties - $200 to $500 fine and/or 48 hours to 30 days jail. Community labor of 48 hours to 30 days may be substituted for fine or jail. If an aggravating circumstance is present at commission of offense, there is a mandatory minimum of four (4) days imprisonment. (2) Costs and Fees - Court Costs, DUI Service Fee, Treatment Program Fee, County Fees, State Fees. (3) Alcohol or Substance Abuse Treatment Program - 90 days. (4) License Revoked - 30-120 days (or if Defendant is under 18, until Defendant reaches age 18, whichever is longer). May apply for hardship license after minimum suspension period expires. If aggravated offense, mandatory ignition interlock license/device for a period of six months.
(b) Second Offense Within 10 Years: (1) Penalties - $350 to $500 fine and 7 days to 6 months jail. Court may order 10 days to 6 months community labor. Must serve minimum of jail and/or community labor. If aggravating circumstance present, mandatory minimum term of imprisonment shall be 14 days. (2) Costs and Fees - Court Costs, DUI Service Fee, Treatment Program Fee, County Fees, State Fees. (3) Alcohol or Substance Abuse Treatment Program - 1 year. (4) License Revoked - 12 - 18 months (or if Defendant is under 18, until Defendant reaches age 18, whichever is longer). (5) Ignition Interlock - mandatory ignition interlock license/device for a period of twelve (12) months. License plate impoundment if ignition interlock license requirements are not met.
(c) Third Offense Within 10 Years: (1) Penalties - $500 to $1000 fine and 30 days to 12 months jail, and court may order 10 days to 12 months community labor. Must serve minimum of jail and/or community labor. If aggravating circumstance present, mandatory minimum term of imprisonment shall be 60 days. (2) Costs and Fees - Court Costs, DUI Service Fee, Treatment Program Fee, County Fees, State Fees. (3) Alcohol or Substance Abuse Treatment Program - 1 year. (4) License Revoked - 24 to 36 months (5) Ignition Interlock - mandatory ignition interlock license/device for a period of thirty (30) months. License plate impoundment if ignition interlock license requirements are not met.
(d) Fourth or Subsequent Offense Within 10 Years: (1) Penalties - 1 to 5 years (Class D Felony). Must serve 120 days. If aggravating circumstance present, mandatory minimum term of imprisonment shall be 240 days. (2) Costs and Fees - Court Costs, DUI Service Fee, Treatment Program Fee, County Fees, State Fees. (3) Alcohol or Substance Abuse Treatment Program - 1 year. (4) License Revoked - 5 years. No hardship license. (5) Ignition Interlock - mandatory ignition interlock license/device for a period of thirty (30) months. License plate impoundment if ignition interlock license requirements are not met.
(e) Aggravating Circumstances referred to above are: (1) Operating motor vehicle (MV) in excess of 30 miles per hour above the speed limit; (2) Operating MV in wrong direction on limited access highway; (3) Operating MV that causes accident resulting in death or serious physical injury; (4) Operating MV while alcohol concentration in operator’s blood or breath is 0.15 or more as measured by test(s) of a sample of the operator’s blood or breath taken within 2 hours of cessation of operation of MV; (5) Refusing to submit to any test(s) [blood, breath, or urine] requested by officer having reasonable grounds to believe person was operating or in physical control of a MV in violation of KRS 189A.010(1); and (6) Operating MV that is transporting a passenger under 12 years of age.