DUI / OVI Law Intro Attorney In Independence, Ohio

If you are arrested for operating a vehicle while intoxicated, you may feel that the situation is hopeless and that you have few options. A charge for operating a vehicle while intoxicated, or OVI, can have devastating consequences for your personal and professional life. Cleveland DUI defense lawyer A. Dale Naticchia proudly assists residents of Cleveland, Akron, and other areas of Cuyahoga County with understanding DUI/OVI laws and their legal options following an arrest for operating a vehicle under the influence. There may be certain defenses that apply in your situation or other procedural mechanisms that can be used to have the case dismissed or the charges reduced.

Ohio OVI Laws Explained

If you are charged with operating a vehicle under the influence, you are essentially being accused of operating a vehicle with a blood alcohol content in excess of 0.08%. If you are a commercial operator, the legal limit is 0.04%, and if you are under the age of 21, the legal limit is 0.02%. In order to determine whether you are over the legal limit behind the wheel, the arresting officers must perform a series of tests. Before this point, however, the officers must have a reasonable suspicion that you were engaged in a crime or traffic violation in order to pull you over. Common examples of conduct that could give rise to a reasonable suspicion include weaving, speeding, failing to use a turn signal, or reckless driving.

During the traffic stop, the police will typically look for signs of intoxication such as slurred speech, the odor of alcohol, blurry eyes, and lack of motor functions. The police may conduct a field sobriety test if they suspect that you are under the influence. They may also have you blow into a breathalyzer device to measure your current blood alcohol content. Although you have the right to refuse to submit to the breathalyzer test, or a blood/urine sample test, your license will be suspended for up to one year if this is your first OVI offense. After the first 30 days of your license suspension, you may be able to request special driving privileges to enable you to travel to school or work. If you have a previous OVI charge, or you have refused a breathalyzer test on another occasion, the penalties are stricter.