Aggravated DUI Charges in Ohio

DUI charges, known in Ohio as Operating a Vehicle Impaired (OVI), can differ significantly depending on the circumstances. Ohio law outlines various levels of OVI charges, with the penalties becoming more severe when specific “aggravating factors” are present. These factors can elevate a standard OVI charge to a more serious offense with harsher consequences.

Navigating OVI laws can be confusing, especially with the complexities introduced by aggravating factors. If you are facing charges for driving under the influence in Ohio, it is crucial to seek legal guidance. The team at Logue Law Group is ready to help. Our experienced attorneys can help you understand the specifics of your charges and build a robust defense strategy on your behalf.

What Are Aggravating Factors in an OVI Case?

In Ohio, several elements can escalate an OVI charge, each carrying its own set of legal ramifications upon conviction. As a defendant, your main objective is to achieve the best possible outcome by challenging or reducing these aggravating factors. This is where the guidance of a skilled Steubenville DUI attorney becomes essential.

Let’s explore some of the common aggravating factors that are considered in Ohio OVI cases:

• High Blood Alcohol Concentration (BAC): A BAC reading that is significantly above the legal limit of .08% is a major aggravating factor. Ohio has specific “high-tier” OVI offenses for BAC levels of .17% or higher. Your defense attorney may question the calibration and reliability of the breathalyzer or blood test equipment, the procedures followed during testing, and the legality of the initial traffic stop to contest the BAC results.
• Prior Convictions: Having previous OVI convictions on your record will substantially increase the penalties you face for a new offense. The look-back period for prior convictions in Ohio can be extensive. A knowledgeable Steubenville criminal lawyer can review your record to see if there are any opportunities to challenge the validity of past convictions.
• Presence of Minors: If you are arrested for OVI with a minor under the age of 18 in the vehicle, you will face enhanced charges and more severe penalties. This is considered a serious aggravating circumstance that the courts do not take lightly.
• Accidents Resulting in Injury or Property Damage: Causing an accident that leads to physical harm to another person or significant property damage while driving under the influence will result in more severe charges, such as Aggravated Vehicular Assault. The potential punishments for these offenses are substantially greater.

For some first-time offenders, Ohio offers diversion programs as an alternative to a conviction. Successfully completing a diversion program may allow for the dismissal of the OVI charge, preventing it from appearing on your criminal record. Eligibility for these programs depends on specific criteria, and a seasoned Steubenville DUI attorney can determine if this is a viable option for your case.

It is important to understand that while “Aggravated OVI” isn’t a separate, distinct charge in the Ohio Revised Code, the presence of any of the factors mentioned above effectively aggravates the charge, leading to stricter penalties. To navigate the complexities of these enhanced charges, consulting a Steubenville criminal lawyer experienced in challenging such cases is crucial.

How We Can Help

When you are facing an OVI charge with a high BAC or other aggravating factors, the potential consequences can be life-altering. For instance, if you are charged with a high-tier OVI (BAC of .17% or higher) as a first offense, you could face penalties that include:

• A first-degree misdemeanor charge
• A mandatory jail sentence of at least 3 days
• Driver’s license suspension for 1 to 3 years
• Mandatory participation in a driver intervention program
• Installation of an ignition interlock device on your vehicle
• Fines ranging from $375 to $1,075

A qualified Steubenville criminal lawyer can make a significant difference in the outcome of your case. By carefully examining the evidence and identifying weaknesses in the prosecution’s arguments, we can work to protect your rights and minimize the impact on your life. Contact us today at 844.PITT.DUI.