DUI DEFENSE
Dayton Ohio DUI Defense
The Basics of DUI/OVI
A citation for drunk driving has been referred to as Driving Under the Influence (DUI) by most people, to include police officers and the courts. For quite some time, Ohio referred to DUIs as Operating a Motor Vehicle Under the Influence (OMVI). Not too long ago, back in 2005, the Ohio General Assembly changed the terminology by dropping the word “Motor,” leaving Operating a Vehicle under the Influence or OVI.
Under Ohio OVI law, a person can be charged and convicted of a simple OVI and/or a per se violation for having prohibited concentration of alcohol and/or drugs in their system.
Under a simple OVI, it is illegal for any person to operate a vehicle under the influence of alcohol or drugs or a combination of them, that impairs the person’s physical or mental abilities to an appreciable degree. To be arrested under this offense, the arresting officer does not require any proof of a specific amount of alcohol or drug in your system.
Impairment to an appreciable degree is solely determined by the police officer that stopped you! This determination is purely subjective, meaning no matter what you say or do, if that officer believes you are impaired, you will be arrested for OVI.
In addition, Ohio law prohibits a person from operating a vehicle with a certain amount of alcohol and/or drugs in their system. More commonly referred as “per se” offenses. The legal limit for Blood Alcohol Concentration (BAC) is .08 or over in the state of Ohio. If a person’s BAC is .17 or over, Ohio law calls for increased penalties! This is often called a High-Tier OVI or Super OVI.
Areas of DUI/OVI Law
A citation for drunk driving has been referred to as Driving Under the Influence (DUI) by most people, to include police officers and the courts. For quite some time, Ohio referred to DUIs as Operating a Motor Vehicle Under the Influence (OMVI). Not too long ago, back in 2005, the Ohio General Assembly changed the terminology by dropping the word “Motor,” leaving Operating a Vehicle under the Influence or OVI.
Under Ohio OVI law, a person can be charged and convicted of a simple OVI and/or a per se violation for having prohibited concentration of alcohol and/or drugs in their system.
Under a simple OVI, it is illegal for any person to operate a vehicle under the influence of alcohol or drugs or a combination of them, that impairs the person’s physical or mental abilities to an appreciable degree. To be arrested under this offense, the arresting officer does not require any proof of a specific amount of alcohol or drug in your system.
Impairment to an appreciable degree is solely determined by the police officer that stopped you! This determination is purely subjective, meaning no matter what you say or do, if that officer believes you are impaired, you will be arrested for OVI.
In addition, Ohio law prohibits a person from operating a vehicle with a certain amount of alcohol and/or drugs in their system. More commonly referred as “per se” offenses. The legal limit for Blood Alcohol Concentration (BAC) is .08 or over in the state of Ohio. If a person’s BAC is .17 or over, Ohio law calls for increased penalties! This is often called a High-Tier OVI or Super OVI.
Areas of DUI/OVI Law
DO NOT LET A DUI/OVI CONVICTION RUIN YOUR LIFE!
Do not take on these serious charges alone. Holzfaster, Cecil, McKnight & Mues will assess all the evidence that will be used against you (i.e. Breath Tests, Field Sobriety Tests, Officer Observations, etc.), spot the weakness of the police officer’s and prosecutor’s case, formulate defenses in your favor, utilize the weakness in the prosecutor’s case and your defenses to negotiate a favorable outcome, and work to Minimize The Negative Consequences.
Do not take on these serious charges alone. Holzfaster, Cecil, McKnight & Mues will assess all the evidence that will be used against you (i.e. Breath Tests, Field Sobriety Tests, Officer Observations, etc.), spot the weakness of the police officer’s and prosecutor’s case, formulate defenses in your favor, utilize the weakness in the prosecutor’s case and your defenses to negotiate a favorable outcome, and work to Minimize The Negative Consequences.
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Call (937) 293-2141 or (937) 760-4357 for 24 hour emergency assistance. We will work with your schedule and offers evening or weekend meeting times.
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