OVI Attorney in Youngstown, Ohio

Driving under the influence is an offense that goes by many names and acronyms depending on where you are located. While many people colloquially refer to it as DUI, the legally correct terminology in the state of Ohio is Operating a Vehicle Impaired, or OVI. If you are residing in or visiting the area, you may hear several other terms used interchangeably to describe this offense, including:

• DUI: Driving Under the Influence
• DUBAL: Driving with an Unlawful BAC Level
• DWI: Driving While Impaired
• OMVI: Operating a Motor Vehicle Impaired

Furthermore, specific distinctions are made based on the age of the driver. If a motorist involved in an incident is under the legal drinking age of 21, the specific crime is referred to as Operating a Vehicle After Underage Consumption, or OVUAC.

Regardless of the specific acronym used on the paperwork, the repercussions of an OVI or OVUAC conviction are severe and life-altering. An individual charged with this offense faces steep financial fines, mandatory jail time, license suspension, and the embarrassing requirement of installing an ignition interlock device. If you have been arrested in Mahoning County, it is vital to contact the Youngstown Criminal Law Group immediately. Our experienced Youngstown criminal lawyer will meticulously investigate every factor of your situation to build a robust defense strategy. We are recognized as one of the premier legal groups in the region for criminal defense.

Penalties for DWI in Ohio

When determining the severity of DWI charges in Ohio, the court looks at three primary influencing factors:

1. Whether the defendant has prior offenses on their record.
2. The specific Blood Alcohol Concentration (BAC) level at the time of arrest.
3. Whether the driver refused to submit to a chemical test.

Under the Ohio Revised Code § 4511.19, a conviction triggers mandatory penalties. Without the guidance of a skilled Youngstown DUI attorney, you may face the maximum sentencing guidelines listed below.

First Offense Within Six Years (Low Tier)

BAC of 0.08 or higher, but less than 0.17
This is classified as a first-degree misdemeanor. The penalties include:

• A minimum of three days in jail or participation in a Driver Intervention Program (DIP).
• Potential for up to six months in jail.
• License suspension ranging up to three years.
• Fines totaling $1,075.

First Offense Within Six Years (High Tier or Refusal)

BAC higher than 0.17 or Refusal of Test
This is also a first-degree misdemeanor but carries harsher minimums.

• Minimum of six days in jail and three days of DIP.
• Up to six months of imprisonment.
• License suspension for up to three years.
• Fines of $1,075.
• Mandatory use of restricted yellow license plates.
• You must install an ignition interlock device to avoid further proceedings.

OVUAC Offenses (Underage)

• First OVUAC in One Year: A fourth-degree misdemeanor resulting in up to 30 days in jail, fines up to $250, and a license suspension of up to two years.
• Second OVUAC in One Year: A third-degree misdemeanor resulting in up to 60 days of imprisonment, fines up to $500, and a license suspension of five years.

Second Offense Within Six Years

Refusal of Breath Test or BAC 0.17 or higher
Facing a repeat charge requires the immediate assistance of a qualified Youngstown criminal lawyer. This first-degree misdemeanor results in:

• Minimum imprisonment of 20 days (or 10 days in jail plus 36 days of House Arrest with Electronic Monitoring/Continuous Alcohol Monitoring).
• Up to six months of imprisonment.
• License suspension of up to five years.
• Mandatory yellow restricted license plates.
• Installation of an ignition interlock device (mandatory for alcohol-related offenses; optional for drug-related).
• Vehicle immobilization for 90 days.
• Up to $1,625 in fines.

Third Offense Within Six Years

Low Tier (BAC 0.08 – 0.17)
This is an unclassified misdemeanor. Penalties include:

• Minimum 30 days in jail (or 15 days in jail plus 55 days house arrest).
• Up to one year of imprisonment.
• License suspension up to 10 years.
• Mandatory yellow restricted plates and ignition interlock device.
• Fines up to $2,750 and forfeiture of your vehicle.

High Tier (Refusal or BAC 0.17+)

• Minimum 60 days imprisonment (or 30 days jail plus 110 days house arrest).
• Up to one year of jail time.
• License suspension up to 10 years.
• Mandatory yellow plates and ignition interlock device.
• Vehicle forfeiture and fines up to $2,750.

Felony Offenses

Fourth or Fifth DUI in 6 years OR Sixth DWI in 20 years (Low Tier)
Classified as a fourth-degree felony. Navigating this requires a seasoned Youngstown DUI attorney.

• Minimum 60 days to one year of local incarceration (or 60 days jail with an option for an additional 6 to 30 months).
• Up to $10,500 in fines.
• Possible lifetime license suspension.
• Mandatory yellow plates, ignition interlock device, and vehicle forfeiture.

Fourth or Fifth DWI in 6 years OR Sixth DUI in 20 years (High Tier/Refusal)
Classified as a fourth-degree felony.

• Minimum 120 days up to one year of local imprisonment (or 60 days prison with an option of 6 to 30 months additional).
• Possible lifetime license suspension.
• Mandatory yellow plates and fines up to $10,500.
• Use an ignition interlock device to avoid proceedings or forfeiture of your vehicle.

Second Felony OVI
Whether low tier or high tier (refusal/BAC 0.17+), this is a third-degree felony.

• Minimum 60 days in prison, up to five years.
• Probable lifetime license suspension.
• Mandatory yellow restricted license plates.
• Up to $10,500 in penalties.
• Ignition interlock required for alcohol offenses; optional for drugs.
• Possibility of vehicle forfeiture.

How We Can Help in Defense Against Your DWI Charges

When you hire a Youngstown criminal lawyer from our group, we work tirelessly to have your charges reduced or dismissed. We examine the evidence for common errors, including:

• Police stopping the vehicle unlawfully without reasonable cause or probable suspicion.
• Officers failing to read Miranda Warnings prior to custodial interrogation.
• Improper administration of field sobriety or chemical tests.
• Failures in the planning and execution of sobriety checkpoints.
• Inaccurate breath test results or calibrated equipment failures.
• Procedural errors with blood tests.
• Lack of valid reasoning for the arrest.
• Non-alcohol-related factors that may mimic signs of intoxication (medical conditions, fatigue).
• Procedural errors committed by the police officer during the arrest.

OVI Offenses We Handle in Youngstown

Sean Logue, a leading Youngstown DUI attorney, possesses years of specialized experience in handling a wide spectrum of OVI cases. We handle the following scenarios:

• OVI First Offense: Whether it is the first time you have ever been charged, or simply the first time in ten years, it is treated as a first offense. In Ohio, the legal limit for adults is 0.08 percent.
• OVI Second Offense: A second charge within ten years triggers escalated penalties, including longer suspensions, higher fines, and longer jail sentences. While still a misdemeanor, you need aggressive representation to fight to have these charges dropped or reduced.
• OVI Third Offense: If you find yourself with a third charge in a ten-year window, the consequences are severe. You may face house arrest, mandatory drug or alcohol rehabilitation, incarceration, and the requirement to display “party plates” (yellow OVI plates) on your car.
• Physical Control of a Vehicle: Under Ohio Revised Code Section 4511.194, you cannot be in physical control of a vehicle while under the influence of drugs or alcohol. For instance, sitting in the driver’s seat with keys in hand while impaired is a crime. A knowledgeable Youngstown criminal lawyer can explain that while this is a misdemeanor with lighter penalties than a moving OVI, it still requires a defense.
• OVUAC (Underage OVI): For those under 21, the impairment limit is just 0.02 percent, reflecting Ohio’s zero-tolerance policy for underage drinking. While a misdemeanor, a conviction can negatively impact future educational and career prospects.
• Felony OVI: While most charges are misdemeanors, a third offense in ten years or a fifth in twenty years becomes a felony. Depending on previous charges and BAC levels, this is filed as a third- or fourth-degree felony.
• DUID (Driving under the Influence of Drugs): You can be charged with DUID if drugs are found in your system. This applies to illegal substances like heroin, marijuana, or crack, but also to prescription opioids and over-the-counter medications that cause impairment. You should consult a Youngstown DUI attorney if medication affects your driving.
• Aggravated Vehicular Assault: According to Ohio Revised Code Section 2903.08, causing an accident that injures someone while you are intoxicated results in a charge of Aggravated Vehicular Assault. This is a felony carrying a mandatory prison sentence.
• Aggravated Vehicular Homicide: Under Section 2903.06, if another person dies as a result of your impaired driving, you will be charged with vehicular manslaughter, also known as Aggravated Vehicular Homicide. This felony comes with a mandatory prison sentence.
• OVI Out-of-State: Visitors or workers from other states often face OVI charges in Ohio. This is logistically difficult for defendants living elsewhere. The Youngstown criminal lawyer team at our group acts as your representative in court, easing the burden of travel.
• Intoxicated Boating: Operating a boat while impaired carries the same arrest risks, charges, and penalties as driving a car.

Facing an OVI charge is an incredibly stressful experience. Sean Logue and his colleagues at Logue Law are highly trained in OVI defense and are prepared to guide you through the process. Call us today at 412.387.6901. As a dedicated Youngstown DUI attorney, Sean Logue offers free initial consultations and is available 24/7 to take your call.