Cincinnati OVI/ DUI Defense Lawyers
Getting pulled over and arrested for an OVI/DUI is a harrowing experience that can leave you feeling confused and anxious about the future. This may be your first encounter with the law. You may not know what to expect, and the weight of the charge can loom large over your life in every way. Getting the right DUI lawyer in Cincinnati as soon as possible is the best way to protect yourself.
You can turn to us, the experienced Cincinnati criminal defense attorneys at Rittgers Rittgers & Nakajima, for the dedicated representation you deserve. We bring over 200 years of collective legal experience to the table, and we’ve been recognized with numerous awards for our commitment to legal excellence.
What truly sets us apart is our dedication to our clients. We will invest the time to understand every detail of your situation. Our team is prepared to do whatever it takes to defend your rights and secure your future.
What Are OVI/DUI Charges?
An OVI (Operating a Vehicle Impaired) is the legal terminology in Ohio for what other states call DUI/DWI (Driving Under the Influence/Driving While Intoxicated.) An OVI can involve a variety of circumstances, including driving under the influence of:
- Alcohol
- Cannabis
- Drugs, whether illegal or not
- Prescription drugs
- Over-the-counter medications
Any substance that impairs your ability to drive can serve as grounds for an OVI charge. If you’re under the age of 21 and get caught driving under the influence of any amount of alcohol, you could face charges even if you weren’t impaired.
An OVI/DUI that results in injuries or fatalities can also lead to related charges such as vehicular homicide or vehicular assault.
What Are The Penalties For OVIs In Cincinnati?
The penalties for an OVI conviction can be severe. They escalate with each subsequent offense:
- First-time offense: Fines, license suspension and possible jail time
- Repeat offenses: Increased fines, extended jail time, longer license suspension, drug assessment and treatment, ignition interlock device, vehicle immobilization and continuous alcohol monitoring
- Felony offenses: Significant prison time, hefty fines, long-term or permanent license revocation, alcohol monitoring and treatment programs and vehicle forfeiture
These penalties underscore the importance of having a Cincinnati OVI defense lawyer on your side.
Other Consequences Of An OVI Charge
Beyond the criminal penalties, an OVI charge can have long-term impacts, such as:
- Loss of your driving privileges, which can limit your mobility, freedom and job prospects
- Increased insurance premiums, in addition to other financial ramifications such as fines and court fees
- Limited opportunities regarding housing, employment and education
Having any kind of criminal record can shadow you for a long time. It’s well worth the investment to secure a robust defense now rather than risking a poor outcome that could have been avoided.
Possible Defense Strategies For OVI Charges In Cincinnati
Finding the right angle for a strong defense requires a sharp legal eye. We can help you identify grounds for fighting the charges, which might include:
- Questioning the accuracy of the breathalyzer or field sobriety test
- Challenging the legality of the traffic stop
- Presenting evidence of any medical conditions that may mimic impairment
- Negotiating a plea deal for a reduced charge or sentence
Should your case end up going to trial, you can count on us to present a compelling defense. We’re strong trial attorneys with vast experience in Cincinnati courts. We know the judges, and we understand how to sway juries.
Field Sobriety Tests And DUI Charges
The standardized field sobriety test is a multitude of tests to help police officers determine if a driver is impaired and if they have probable cause for an operating a vehicle under the influence of alcohol or drugs (OVI) arrest. You have the right to refuse to take a field sobriety test or breathalyzer if you are suspected of drunk driving.
Should I Take A Field Sobriety Test Or A Breath Test?
The field sobriety test or breathalyzer results will be used against you. You can face serious DUI charges that carry stiff penalties for even first-time offenders. Do not consent to any tests the police ask you to take because it could lead to serious criminal charges.
The Standardized Field Sobriety Tests
The standardized field sobriety tests can seem frightening, especially if you don’t understand your rights. The standardized field sobriety tests include three tests:
- Horizontal gaze nystagmus (HGN): This is an involuntary jerking of the eye. Trained officers will look for a lack of smooth pursuit, distinct nystagmus and an onset of nystagmus.
- Walk and turn: The driver will take nine steps, heel to toe, on a straight line, and turn on one foot and walk back the same way. Officers are trained to look for lack of balance, not following instructions, not touching heel to toe, stopping while walking, starting before told, stepping off the line, using arms to balance, making an improper turn and taking the wrong number of total steps.
- One-leg stand: The driver will stand on one foot while holding the other leg roughly 6 inches from the ground for a specific period of time as told by the officer. The officer is trained to look for arms being used for balance, hopping, placing the foot back on the ground and swaying.
The results of these tests can be used against you as a sign of intoxication. If police determine through field sobriety testing that you are intoxicated or impaired, you can be arrested and charged with OVI.
Ohio License Suspension And Revocations
Ohio drunk driving convictions carry harsh penalties, including restrictions on your driving privileges. Even without being convicted, the DUI charges alone can result in license restrictions and suspensions.
Our firm helps people protect their right to drive through representation at administrative license suspension hearings and BMV suspension hearings and through applications for temporary or occupational licenses while the OVI charges are pending.
License Suspension After Breathalyzer Refusal
If you refused to take a breath test, your driving privileges will be suspended for a year. The law requires the police to turn your license over to the court until your initial appearance. However, you may get your license back after your first court appearance.
You may be granted limited driving privileges during your suspension. Limited driving privileges will allow you to drive for occupational, educational, vocational and medical purposes or for court-ordered treatment. Every case is unique. Limited driving privileges are granted by your judge so your specific privileges depend on how the judge interprets the state law.
OVI Convictions And Your Ohio Driver’s License
If your blood alcohol content (BAC) was at or above .08 during your arrest, your license will be suspended for 90 days. If you are convicted of an OVI in Ohio, your license will be suspended for six months to up to three years. If this is not your first DUI/OVI in the past six years, the court will deem you a “repeat offender,” and you will face harsher legal consequences.
The impact on your driving privileges varies per case. Our law firm has extensive experience navigating license issues on behalf of our clients, including representing them at BMV suspension hearings and helping them apply for an occupational driver’s license.
Act Now: Get The Aggressive OVI/DUI Defense You Deserve
If you’re facing OVI/DUI charges in Hamilton County, the sooner you take action, the better. Reach out to our team for the aggressive defense you deserve.
You can reach us through a quick online contact form or by phone at 513-496-0134. We are here for you.