Getting charged with an OVI, which stands for Operating a Vehicle Impaired, is a serious matter in Ohio. An OVI charge means that someone is accused of driving under the influence of alcohol or drugs. While all OVI charges can cause problems, being charged with a felony OVI is even more severe. A felony OVI charge carries heavier penalties, including longer jail time, bigger fines, and the loss of driving privileges. Fortunately, there are ways to avoid getting a felony OVI charge. It starts with understanding the laws, making smart choices, and knowing what to do if you are ever stopped by the police.
Understand the Difference Between Misdemeanor and Felony OVI
In Ohio, not all OVI charges are the same. Some OVI charges are misdemeanors, which are still serious but not as harsh as felonies. A misdemeanor OVI usually happens when it is a person’s first or second offense, or if there are no serious injuries or deaths involved. On the other hand, an OVI becomes a felony when certain conditions are met. If a person has had three or more OVI convictions within the last ten years, or if someone was injured or killed during the incident, the charge can be elevated to a felony. It is crucial to understand the difference because the penalties for a felony OVI can change a person’s life forever.
Make Smart Choices Before Driving
One of the easiest ways to avoid a felony OVI charge in Ohio is to make smart choices before getting behind the wheel. This means never driving if you have been drinking or using drugs, even if you think you are okay to drive. Alcohol and drugs can affect your ability to make decisions, slow your reaction time, and make it harder to control your vehicle. If you plan to drink, it is important to have a plan in place before you start. Designate a sober driver, use a rideshare service, or stay where you are until you are sober again. By making smart decisions ahead of time, you can avoid putting yourself or others in danger and reduce the risk of facing an OVI charge.
Understand Ohio’s Implied Consent Law
In Ohio, if you are pulled over for suspected OVI, the police will likely ask you to take a breathalyzer test or other chemical tests to check your blood alcohol content (BAC). Ohio has something called the “implied consent law.” This means that by driving on Ohio roads, you have already agreed to take these tests if a police officer asks you to. Refusing to take the test can lead to serious consequences, such as an automatic suspension of your driver’s license. While refusing a test might seem like a way to avoid an OVI charge, it can make things worse in the long run. Refusing a test can result in additional penalties, and in some cases, it can still lead to an OVI charge if the police have enough other evidence against you.
Know Your Rights If You Are Pulled Over
If you are pulled over by the police in Ohio and they suspect you of OVI, it is important to know your rights. You have the right to remain silent, and you do not have to answer any questions about whether you have been drinking or using drugs. You also have the right to refuse field sobriety tests, such as walking in a straight line or standing on one leg. However, as mentioned earlier, refusing a chemical test, like a breathalyzer, can result in serious consequences. It is important to stay calm and polite during the traffic stop, and if you are arrested, you have the right to speak with a lawyer before answering any questions.
Seek Legal Help Immediately After an OVI Arrest
If you are arrested for OVI in Ohio, it is crucial to seek legal help right away. An experienced OVI defense lawyer can help you understand the charges against you and the best way to defend yourself. They can also help you navigate the court system, negotiate with prosecutors, and work to get the charges reduced or dismissed. Having a lawyer on your side can make a big difference, especially if you are facing a felony OVI charge. Felony charges carry much harsher penalties than misdemeanors, and a lawyer can help you fight to protect your rights and your future.
Avoiding Repeat Offenses
One of the key factors in avoiding a felony OVI charge in Ohio is staying out of trouble after your first OVI offense. Multiple OVI convictions within a certain time frame can lead to felony charges, so it is important to avoid getting another OVI. If you have already been charged with an OVI, it is a good idea to seek help if you are struggling with alcohol or drug use. There are many programs available that can help people who want to make changes in their lives and avoid further legal trouble. By taking steps to avoid future offenses, you can reduce the chances of facing a felony OVI charge in the future.
Understand the Penalties for a Felony OVI
If you are charged with a felony OVI in Ohio, the penalties can be severe. A felony OVI can result in long prison sentences, high fines, and a permanent criminal record. In some cases, the court may order mandatory drug or alcohol treatment, and you could lose your driver’s license for several years. The consequences of a felony OVI go beyond just the legal penalties. A felony conviction can affect your ability to get a job, rent a house, or even travel. This is why it is so important to avoid a felony OVI charge if at all possible.
The Role of Ignition Interlock Devices
In Ohio, some people who are convicted of OVI may be required to install an ignition interlock device on their vehicle. This device requires the driver to blow into it to check for alcohol before the car will start. While ignition interlock devices can be an inconvenience, they are often required for people with multiple OVI convictions. Installing an ignition interlock device can sometimes allow you to continue driving while serving a suspension, but it is important to follow all of the court’s orders carefully to avoid additional penalties.
The Importance of Following the Law
One of the best ways to avoid a felony OVI charge is to simply follow the law. Ohio has strict rules when it comes to driving under the influence, and knowing those rules can help you avoid legal trouble. In Ohio, the legal BAC limit for most drivers is 0.08 percent. However, for commercial drivers, the limit is lower, and for drivers under 21, any amount of alcohol can lead to an OVI charge. Understanding these limits and following them can help you stay safe on the road and avoid an OVI charge.
Take Steps to Protect Yourself and Others
Driving is a big responsibility, and making sure you are fit to drive is important for your safety and the safety of others on the road. If you know that you are going to be in a situation where you might be tempted to drink, plan ahead. Have a designated driver, call a rideshare service, or wait until you are sober to drive. By taking these steps, you can avoid getting behind the wheel while impaired and reduce the chances of facing an OVI charge.
If you or someone you know is facing an OVI charge in Ohio, the legal team at Sabol & Mallory Law Firm is here to help. We understand how overwhelming it can be to face these charges, and we are dedicated to providing the guidance and representation you need. Our experienced team will work tirelessly to defend your rights and help you achieve the best possible outcome. Don’t wait—contact Sabol & Mallory Law Firm today to discuss your case and take the first step toward protecting your future.