Posted on Friday, November 22nd, 2024 at 9:00 am
According to the Ohio State Highway Patrol, officers have averaged over 17,000 OVI arrests annually over a recent five-year period. As part of its efforts to crack down on drunk driving, Ohio handles DUIs, or OVIs as they are called in state law, very harshly. So, if you have been arrested for a first-time offense, you might wonder: how likely is jail time for a first DUI in Ohio?
Unfortunately, jail time is a very real possibility, even with a first-time DUI offense. However, it’s not a certainty, and several factors could affect the outcome of your case. As such, it’s crucial that you work closely with an experienced Cincinnati OVI defense attorney to minimize the possibility of a prison sentence.
Legal Consequences for a First-Time OVI in Ohio
Ohio law defines operating a vehicle under the influence (OVI) as operating a vehicle, streetcar, or trolley with a blood alcohol concentration (BAC) of over 0.08 percent or while under the influence of controlled substances.
A first-time OVI offense is classified as a first-degree misdemeanor and carries the following penalties:
- A fine of at least $375 but no more than $1,075
- A license suspension between six months and three years
- A mandatory jail sentence of at least three days
- A possible six months in jail
- Six points on your license
These are just the mandatory penalties. Other possible penalties can include restricted license plates, interlock ignition device installation in your vehicle, probation, and remote alcohol consumption monitoring.
Also, a DUI conviction can make it harder to find employment, affect housing eligibility, and significantly increase your car insurance premiums. If you have a professional license, such as a nursing license, boards could suspend your license after a DUI conviction.
The lookback period for DUI convictions in Ohio is 10 years. This means that if you get another DUI within 10 years of receiving your first, it will count as a second-time offense. Second-time OVI offenses carry even harsher financial and criminal penalties.
Aggravating Circumstances
First-time DUIs are typically misdemeanors, but depending on the circumstances of the incident, you could face more severe charges and penalties. The court may impose harsher penalties if:
- You were severely intoxicated, with a BAC over 0.17 percent
- You caused serious injury or property damage
- You had a minor passenger in the car
- You were also driving recklessly at the time
If your BAC was over 0.17 percent, you would face a high test conviction, with a higher mandatory jail sentence of at least six days and a minimum license suspension of one year.
Can I Avoid Jail Time for a First-Time OVI Offense in Ohio?
Typically, a first-time OVI offense carries a mandatory three-day jail sentence. However, the law allows the court to suspend that three-day jail term under a few conditions. It can suspend the three-day sentence if the driver agrees to attend a three-day driver intervention program and is put under community control sanction, such as alcohol monitoring, community service, or random drug tests.
In addition to the three-day driver intervention program, the court can order the driver to attend treatment or education programs related to addiction or mental health if deemed necessary. If you have a high test DUI conviction for a BAC of over 0.17 percent, you can avoid three days of the six-day sentence by attending the three-day driver intervention program.
Courts assess several factors, such as driver history and character, when deciding OVI penalties. The judge might be lenient if the defendant shows genuine remorse or if there are extenuating circumstances. An experienced OVI attorney can sympathetically present your case to improve your likelihood of avoiding jail time for a conviction.
Mitigating License Suspensions
Typically, a first-time OVI conviction results in a license suspension of at least six months. However, you may be able to retain limited driving privileges if you agree to install an interlock ignition device (IID) in your car. The IID detects your BAC and locks up your car if it detects alcohol on your breath.
You will have to pay an installation and monthly rental fee for the device, and tampering with a court-ordered IID can result in harsher license suspensions, fines, and jail sentences. Before installing the IID, you may also have to purchase special auto liability insurance for high-risk drivers.
Defending Against an OVI Charge
The most straightforward way to avoid a DUI prison sentence is to get the charges dismissed in court. There are several strategies that a DUI/OVI defense attorney in Cincinnati could use to argue your innocence and help you avoid jail time:
Unlawful Stop
An attorney could argue that the police had no reasonable justification to pull you over in the first place. In Ohio, police must have legal justification for pulling drivers over. If the traffic stop was unlawful, then your lawyer might be able to throw out any evidence law enforcement gathered during the stop, including breathalyzer and field sobriety test results.
Incorrect Breathalyzer Results
An attorney could also argue against the validity of breathalyzer results. Breathalyzers are imperfect and can give inaccurate readings due to malfunction, improper operation, or environmental confounders, like tobacco or certain medications. Arguing against the reliability of breathalyzer readings can defang a crucial piece of the prosecution’s evidence.
Improper Field Sobriety Test
Another option is to claim that the police officer improperly administered a field sobriety test. Various conditions unrelated to inebriation, like medical conditions or uneven pavement, can interfere with an accurate field sobriety test and make the results inadmissible as evidence in court.
Contact a DUI Offense Attorney in Cincinnati
A DUI is a serious charge, and a conviction can upend your life, both financially and personally. If you are facing a DUI conviction in Ohio, you need an attorney who can explore strategies to reduce or dismiss your charges. Contact Moermond & Mulligan, LLC online or call (513) 421-9790 today to set up a free initial consultation with an OVI attorney in Cincinnati. Our lawyers have the legal capacity and proven record of success to help you with your case.