OVI Charges (Operating a Vehicle Under the Influence of either Alcohol or Drugs) are highly legislated in the State of Ohio. Just recently lawmakers increased the mandatory minimum sentencing for different levels of OVI charges. Additionally, lawmakers extended the look back period for counting subsequent convictions. OVI charges are referred to as enhanceable charges. That means that the more you get within that 10 year period, the greater the minimum sentence increases.
Generally, OVI charges are categorized by being a first, second or otherwise within 10 years. Further, whether an individual provided a chemical test or refused will effect how an OVI is charged. Lastly, if a chemical test is given, the results will effect how an OVI is charged. An OVI conviction will also put 6 points on your driving record.
A low test measures alcohol presence in different thresholds based on the specific test. In testing for the presence of alcohol in a breath test it is considered .08 to .169, in a urine test it is considered under .237, in a whole blood test it is considered up to .169, in blood serum or plasma test it is considered up to .203. Results greater then those values are considered high tests. A refusal occurs when law enforcement requests an individual to submit to a chemical test and they refuse or the test is not conducted within three hours of the last known driving.
OVI charges can also become felonies if this is an individual’s fourth charge within 10 years or is a sixth charge within 20 years. Those penalties are even more enhanced.
When law enforcement stops and detains a driver investigation an OVI charge, the will request the driver to submit to Standardized Field Sobriety Tests. These are what are commonly referred to as the Walk and Turn test, The One Legged Stand test and the HGN or Pen test.
OVI charges can by challenging the legality of the stop and detention of the driver. A defendant can also file motions to prevent the prosecutor from producing evidence as to any statements the individual made, the result of an SFT’s or the results of a chemical test (if one was provided).