Adrian King Law Office, LLC | 36 N. Detroit, Suite 104 Xenia, Ohio 45385 | Phone: 937.372.1200 / 877.372.1202

DUI & OVI & OMVI Defense Lawyer in Ohio

Driving Under the Influence (DUI)

Operating a Vehicle While Intoxicated (OVI)

Operating a Motor Vehicle While Under the Influence, Impaired, or Intoxicated (OMVI)


Drunk Driving charges in Ohio are some of the most misunderstood and confusing criminal offences. It is also one that can cause major financial and psychological hardship. “Drunk driving”, or “DUI” (driving under the influence), is enforced in every state, although laws are different depending on where you live. The law states that it is an offense for any person to operate a motor vehicle while having alcohol that impairs their physical or mental abilities. Whether its .08%, .10% or other amount of blood alcohol, this offense does not require proof of any specific amount of alcohol in your system; therefore, you don’t have to take the blood, breath, or urine test to be convicted of this offense.

At the law office of Adrian King, we defend people who have been accused of DUI. Yes, it can be a scary experience. Yes, you may have been over the limit. But were your rights compromised? Were the proper procedures followed? The bottom line is we understand DUI defense and we look forward to fighting for your rights. You can win these types of cases.

Factors to consider during the investigation:

•    Field sobriety or breathalyzer tests
•    Certification for machines used to test BA levels
•    Breath testing devices – did the officer have proper training?
•    The test itself – was it administered correctly?

Your life can change dramatically after a DUI. Do you really want to deal with the fines and classes? You do have rights. You can have your freedom back. A conviction can mean having your license suspended or revoked, or it could mean time spent in jail in addition to big fines. Any attorney can recommend a guilty plea. We take the time to understand your case and find a defense strategy that fits your situation. We aggressively defend people who have been arrested or charged with a DUI.

To schedule a free consultation for your DUI case, contact Adrian King today.

 

Ohio's D.U.I. Laws


IF YOU DRINK AND DRIVE, YOU ARE COMMITTING A SERIOUS CRIME WHICH HAS SWIFT AND SURE CONSEQUENCES THAT ARE HARD TO IGNORE.

Administrative License Suspension (ALS)

·         If you are stopped for drunk driving and you refuse to take the sobriety test, or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the officer can take your driver's license on the spot, and the suspension begins immediately.

·         Depending on previous offenses or refusals, you can have your license automatically suspended for a period of 90 days to five years.

·         The administrative suspension is independent of any jail term, fine or other criminal penalty imposed in court for a DUI offense.


1st Offense

·         Administrative License Suspension (ALS) for a prohibited BAC;

·         ALS for test refusal = one year license suspension;

·         Jail - Minimum of three consecutive days or 3-day driver intervention program;

·         Fine - Minimum $200 and not more than $1,000;

·         Court License Suspension -  6 months to 3 years.


2nd Offense

·         ALS for one year for a prohibited BAC;

·         ALS for test refusal = two year license suspension;

·         Jail -  Minimum of 10 consecutive days or five days jail + minimum 18 consecutive days of electronically monitored house arrest combined, not to exceed 6 months;

·         Fine - Minimum $300 and not more than $1,500;

·         Discretionary driver's intervention program;

·         Vehicle immobilization and plates impounded for 90 days;

·         Court License Suspension - 1 year to 5 years.


3rd Offense

·         ALS for two years for a prohibited BAC;

·         ALS for test refusal = three year license suspension;

·         Jail - Minimum 30 consecutive days to one year;

·         Alternative sentence - 15 days or Jail + minimum 55 consecutive days of electronically monitored house arrest combined, maximum of one year;

·         Fine - Minimum $500 and not more than $2,500;

·         Mandatory attendance in an alcohol treatment program paid for by offender;

·         Vehicle immobilization and plates impounded for 180 days;

·         Court License Suspension - 1 year to 10 years.


4th or More Offense or Motor Vehicle Related Felony

·         ALS for three years for a prohibited BAC;

·         ALS for test refusal = five years license suspension;

·         Jail -  Minimum of 60 consecutive days and up to one year in jail;

·         Fine -  Minimum $750 and not more than $10,000;

·         Mandatory drug/alcohol treatment program paid for by offender;

·         Vehicle Forfeiture - Mandatory criminal forfeiture of vehicle operated by offender, imposed by court;

·         Court License Suspension - 3 years to Permanent Revocation.


APPEAL PROCESS FOR ADMINISTRATIVE LICENSE SUSPENSION (ALS)

The court must hold the administrative license suspension hearing within five days of arrest. The appeal is heard at this initial appearance if requested. The scope of appeal is confined to four issues.

    1. Was the arrest based on reasonable grounds?

    2. Did the officer request the person to take a test?

    3. Was the violator made aware of the consequences if he/she refused or failed the test?

    4. Did the person refuse or fail the test?

NOTE:

A court may still issue a suspension even if 1-4 is proven by defendant if court finds the person is a threat to public safety.


DRIVING UNDER DUI SUSPENSION OR DRIVING UNDER SUSPENSION WITHOUT INSURANCE

The court is authorized to order vehicle immobilization and impoundment of the license plates at the time of sentencing for:

Driving under DUI Suspension

FRA Suspension
(without insurance)

First Offense: 30 days

First Offense: 30 days

Second Offense: 60 days

Second Offense: 60 days

Third Offense: Forfeiture

Third Offense: Forfeiture

 

NOTE:

For multiple DUI offenders under suspension, the court may also impound the plates of any other vehicle owned by the offender.

PERMITTING A PERSON WITH NO LEGAL RIGHT TO DRIVE OR OPERATE YOUR VEHICLE

First Offense: 30 days for state offenses only.


VEHICLE FORFEITURE

Permanent loss of vehicle shall be ordered by the court for any of the following:

    A) Third offense of DUI within six years;

    B) Third offense or more of Driving Under FRA Suspension within five years;

    C) Second offense of owner knowingly permitting a person who is under suspension to
         drive their vehicle;

    D) First offense of driving a vehicle that is immobilized and plates impounded.

 

Quick Contact


LexisNexis: Martindale-Hubbell

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. [ Site Map ] [ Directions ]