High Test OVI in Youngstown

In Youngstown, a “High Test” OVI refers to a blood alcohol content (BAC) of .17 percent or higher. Any OVI charge is a serious matter, but when your BAC reaches this level, the situation becomes significantly more critical. It is essential to understand that local police and state troopers have specific methods for determining intoxication, and a skilled legal professional knows how to navigate these complexities.

Understanding Low OVI vs. High OVI

In the state of Ohio, an OVI is categorized based on the driver’s BAC level. A “low test” OVI occurs when the driver’s BAC is below .17 percent.

Conversely, if a driver registers a BAC of .17 percent or higher, they face a “high test” OVI charge. This distinction is crucial because a high test classification carries much stricter penalties than a low test offense.

According to the Ohio Revised Code Section 4511.19(A)(1)(h), a high test result is defined by specific chemical thresholds:

• Breath or Whole Blood Test: .17 percent or higher
• Urine Test: .238 percent or higher
• Plasma or Blood Serum Test: .204 percent or higher

Penalties for a First-Time High Test OVI

The Ohio Revised Code outlines specific, severe penalties for a first-time high test OVI conviction. If you are facing these charges, consulting a Youngstown criminal lawyer is a vital step in protecting your rights.

The statutory penalties include:

• Mandatory License Plates: You will be required to display yellow license plates on your vehicle.
• Jail Time: A minimum of 6 days in jail, OR 3 days in jail combined with 3 days in a Driver Intervention Program. The maximum jail sentence can extend up to 6 months.
• Ignition Interlock Device: The judge may order the installation of an ignition interlock device at your expense.
• Fines: Monetary fines ranging from $375 to $1,075.
• Driving Privileges: A hard suspension of driving privileges for the first 15 days following the arrest (ALS suspension).
• License Suspension: An additional court-imposed license suspension lasting from 6 months to 3 years.

What is a Driver Intervention Program?

A Driver Intervention Program (DIP) is a 72-hour residential program focused on alcohol and drug education and treatment. While a judge must approve the specific program, attendance is often mandatory depending on the details of the case. In many instances, a Youngstown DUI attorney may recommend their client voluntarily enroll in a DIP to demonstrate to the court a commitment to responsible behavior and to prevent future offenses.

Typically held over a weekend, participants check into a hotel or facility on Thursday evening and depart on Sunday afternoon. These programs, which are generally restricted to first-time offenders, cover traffic safety and OVI prevention strategies. They also provide assessments and can refer individuals for further assistance if necessary. Specific programs are also available for minors.

Defending Against High Test OVI Charges

The penalties associated with a high test OVI in Mahoning County are both financially draining and legally severe. Attempting to navigate the legal system alone in this scenario is risky. Securing experienced legal representation is highly advisable.

Being charged does not equate to an automatic conviction or jail time. The Youngstown Criminal Law Group is experienced in the nuances of OVI law. By reviewing the specific evidence against you, your Youngstown criminal lawyer can determine the most effective defense strategy for your situation.

A knowledgeable attorney will scrutinize the arrest procedures and chemical testing methods used by law enforcement. Identifying errors in these processes can lead to a reduction in charges or even a complete dismissal. Furthermore, they can advocate for the restoration of your limited driving privileges.

The Broader Impact of an OVI Conviction

Beyond the courtroom, a high test OVI charge can have lasting personal and professional repercussions. It is difficult to keep such an event private, particularly if an accident occurred. You may face social stigma from friends and neighbors.

Professionally, your employment could be at risk, especially if your role requires driving. Additionally, you may find educational opportunities restricted or professional licenses revoked.

Operating a vehicle under the influence is a grave issue with potentially life-altering consequences. If you find yourself arrested on this charge, you need high-quality representation from a Youngstown DUI attorney to mitigate the damage to your future.

Call 412.387.6901 or contact us online to schedule a free consultation.