Natalie A. Noyes, Esq. | Ohio OVI Defense Attorney
Operating a vehicle under the influence of alcohol, drugs, or both (OVI) in Ohio is a severe crime. If police charge you with OVI in Ohio, you could face mandatory jail time, enormous fines, fees, loss of license, raised car insurance rates, and other collateral consequences such as installing an interlock device or being forced to put “Scarlet Letter” plates on your car. Also, the court will order you to attend driving classes or treatment for alcohol and or drug dependency.
The penalties associated with OVI in Ohio are severe and can be life-altering. Consequently, you need an attorney who will fight for your rights when you face charges in Ohio for OVI. Ohio OVI defense attorney Natalie A. Noyes, Esq. is that attorney you need to help you avoid the potentially catastrophic effect an OVI conviction can have on a person’s entire life. You can rely on Attorney Noyes’ extensive courtroom experience to help you avoid or minimize the consequences of an Ohio OVI charge.
OVI in Ohio
Ohio’s OVI law is convoluted and complex. At the outset, an OVI charge is different than all other crimes listed in the Ohio Criminal Code. Legal scholars consider crimes such as murder and robbery malum in sebecause these acts, and many others, are unlawful because they are immoral and inherently evil. OVI is neither. A person can lawfully operate a motor vehicle or other mode of transportation in Ohio as long as the person’s blood alcohol remains below the per se legal limit of 0.08% BAC and the operator is driving safely. Notwithstanding, the person charged with OVI in Ohio faces criminal charges for an otherwise lawful act when detained for suspicion of driving under the influence.
Defenses for OVI in Ohio depend on the individual circumstances of the arrest. A skilled OVI attorney like Natalie A. Noyes, Esq. can attack the observations of the police officer making the traffic stop or investigating a crash. Many officers overestimate the significance of field sobriety tests. Officers interpret standardized field sobriety tests, or FSTs, subjectively and grade the performance of the driver suspected of OVI so strictly that no one could pass the test. The officer, therefore, gives the operator a failing grade and then arrests the individual upon suspicion for OVI. A trial, an experienced and knowledgeable OVI defense lawyer, can pick apart the arresting officer’s observations and show the judge and jury that the officer misinterpreted the FST results, which can lead to an acquittal.
In some instances, a police officer pulls a vehicle over for what he or she believes is a violation of an Ohio traffic law. Police officers frequently make mistakes when stopping a car. Officers have the right to stop a motorist for a motor vehicle infraction and can begin an investigation. However, doing so incorrectly is a violation of the driver’s constitutional rights. The remedy for which is suppression of the observations of the police officer and all evidence that came from the unconstitutional stop. Suppression, or an order of the court prohibiting the prosecution from admitting specific evidence at trial, usually leads to dismissal because the government is left without proof.
Also, a skilled OVI attorney like Natalie A. Noyes, Esq. can attack the breathalyzer tests and other scientific tests officers use to gather evidence against you. Scientific tests and the people who perform them are not infallible. They are subject to scrutiny just like any other witness.
Ohio OVI Penalties
The criminal sanctions for a first offense OVI case are harsh. The minimum sentence requires a judge to send the offender to jail for three days up to six months, impose substantial fines and license loss from six months to three years. Under Annie’s law, a person can opt for an interlock device which will avoid jail time and potentially reduce license suspension. Ignition interlocks can be very expensive to install and maintain.
OVI penalties increase with each conviction. Under Annie’s law, the look-back period for prior convictions is ten years rather than six under the old law. Subsequent offense OVI convictions require the judge to impose substantial jail terms, additional license loss, and other penalties. The judge can also impose stricter sanctions for excessive BAC results and refusing to submit to a breath, blood, or urine test. Ohio, like all other states, is an implied consent state. That means you agree, because you drove on a public way in Ohio, to submit to one of these tests if an officer suspects you are OVI.
Contact OVI Lawyer Natalie A. Noyes Immediately
Call Columbus, Ohio OVI lawyer Natalie A. Noyes, Esq. today at 614-733-9999 to get started on your OVI defense right away. Attorney Noyes will fight hard to protect your precious rights. Remember you are innocent until proven guilty!