Q: What is the difference between an OVI, OMVI, DUI?

These terms are all acronyms that refer to the offense commonly known as “drunk driving.” Ohio law prohibits operating a vehicle under the influence―OVI. However, the phrase driving under the influence (DUI) is commonly used throughout the United States and it is often used in the State of Ohio.

 

Q: What rights do I have if I have been pulled over for DUI?

If you are ever stopped or arrested by the police because they suspect you have been driving under the influence of drugs or alcohol you do have rights, starting with your “Miranda Rights” against self-incrimination.  They are:

• You have the right to remain silent;

• You have the right to know that anything you say can be used against you in a court of law;

• You have the right to attorney; an attorney who will assist you at any time during which you will be questioned.

• You have the right to an attorney even if you can’t afford one.

 

With these basic rights in mind, consider the following if you are pulled over for DUI:

 

The officer must have a reason for pulling you over in the first place, but they broad discretion in doing so.  Suspicious behavior, abnormally slow driving, weaving in and out of lanes, or sudden lane changes may provide sufficient justification for the officer to stop you.

 

Once pulled over you have the right to refuse to take a field sobriety test or to submit yourself to a chemical test. Although you are free to exercise these rights, the refusal will lead to an immediate revocation of your drivers license and subsequent administrative suspension that could last a year or more.

 

If you believe that your blood alcohol content (BAC) is above the legal limit, you have the right to have your attorney present before you submit to a chemical test.

You have the right to have the charges against you explained to you at the time of your arrest so that you fully understand them.

 

Because you have the right to refuse to answer any questions asked because your responses can be used against you at trial, you have the right to request that your attorney be present during any questioning.

 

When you are detained at a police station or other locale you have the right to make a phone call. Use it to call the experienced legal team at Betras, Kopp, and Harshman.

 

Q: I just got charged with a DUI and heard that penalties can include jail.
Is this really likely?

Driving under the influence (DUI) is a very serious offense.  Generally, a first DUI is a misdemeanor offense punishable by fines and a jail term of up to one year.  If you are convicted of your first DUI offense or first offense in the past six years the possible penalties include:

 

• Minimum 3 days up to 6 months in jail or driver intervention program

• Fines of $375 up to $1,075

• Mandatory driver’s licenses suspension of 6 months to 3 years

• No driving privileges can be awarded for the first 15 days of the suspension

• Possible requirement of restricted license plates or ignition interlock device

• 6 points assessed against your ohio driver’s license

• The results of the test could be compromised depending on a number of factors, some of which have to do with the defendant and others with the procedure of the test itself.

• The defendant can have a medical condition that could alter the results of the test.

• The test kit could have been expired.

• The person administering the test could be poorly trained.

• The lab technician handling the sample could make a mistake.

• The chain of custody of the evidence could be broken and therefore suspect.

• The original stop by the police officer could have been without probable cause.

       

It is critically important to remember, however, that overturning a BAC test requires the expertise, technical knowledge, and investigatory capacity of an experienced legal team like the attorneys at Betras, Kopp, and Harshman

 

In some circumstances, however, you may be sent to jail for a first time DUI.  This can occur if aggravating factors, such as the presence of a minor in the car or an extremely high BAC exist. In addition, a first DUI offense can become a felony offense it the incident results in bodily injury, death, or property damage.

 

But because the penalties for even a first time DUI are so severe it is important to contact an experienced attorney as soon as possible after you are charged.

 

Q: Is getting a DUI dismissed for improper BAC possible?

Getting a DUI dismissed is very difficult and requires the assistance of highly competent, experienced attorneys like the members of the legal team at Betras, Kopp, and Harshman. Although the evidence gathered by the police may seem insurmountable it is not impossible to get a DUI dismissed, especially if something about blood alcohol test was improper.

 

Q: What is a BAC?

A blood alcohol test is a blood test that is usually administered by a phlebotomist, a nurse, or a doctor using specially prepared tubes with chemicals that will mix with the blood. The results of the test are used to discover if the individual is over the legal limit for operating a motor vehicle. That limit is .08 for adults over 21.

 

Q: What could be improper?

The results of the test could be compromised depending on a number of factors, some of which have to do with the defendant and others with the procedure of the test itself.

 

• The defendant can have a medical condition that could alter the results of the test.

• The test kit could have been expired.

• The person administering the test could be poorly trained.

• The lab technician handling the sample could make a mistake.

• The chain of custody of the evidence could be broken and therefore suspect.

• The original stop by the police officer could have been without probable cause.

           

It is critically important to remember, however, that overturning a BAC test requires the expertise, technical knowledge, and investigatory capacity of an experienced legal team like the attorneys at Betras, Kopp, and Harshman

DUI Facts