Cleveland DUI Lawyers

Criminal Defense Attorneys for DUI | OVI in Cleveland, Ohio

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DUI/OVI SUMMARY:

It is illegal to operate a vehicle while under the influence of alcohol, a drug of abuse, or a combination thereof. It is also illegal to operate a vehicle with a prohibited concentration of alcohol or a drug of abuse in breath, blood, or urine. There are many ways in which someone can be charged with an OVI offense. Further, OVI offenses are “enhanceable” offenses, meaning, if a person has a one or more prior OVI or “equivalent offense” convictions within ten years (or twenty years depending on the circumstances), and the person is charged with a new OVI offense, that person will be subject to higher penalties, if convicted. The Ohio Statute for “Operating vehicle under the influence of alcohol or drugs – OVI” is R.C. 4511.19 http://codes.ohio.gov/orc/4511.19 .

Further, the moment that a person is arrested for operating a vehicle under the influence of alcohol or a drug of abuse, that person’s privilege to operate a vehicle is in jeopardy. If the person refuses to consent to a requested breath, blood, or urine test, the person’s driver’s license will be immediately suspended by the Ohio Bureau of Motor Vehicles for at least one year. If the person consents to a requested breath, blood, or urine test, and tests over a certain limit of alcohol and/or drugs of abuse, the person’s driver’s license will be immediately suspended by the Ohio Bureau of Motor Vehicles for at least 90 days.

PRIOR CONVICTIONS OF OVI:

If a person is charged with an OVI offense, the severity of the potential sentence if convicted increases based on whether the person has a prior OVI or “equivalent offense” conviction within the last 10 or 20 years.

Prior convictions that are “equivalent offenses” for purposes of enhancing a new OVI conviction are as follows:

A violation of R.C. 4511.19(A) or (B) Operating vehicle under the influence of alcohol or drugs – OVI);
A violation of a municipal OVI ordinance;
A violation of R.C. 2903.04 (Involuntary manslaughter) in a case in which the offender was subject to the sanctions described in R.C. 2903.04(D) (causing the death of another by violating R.C. 4511.19(A) or (B), a municipal OVI ordinance, or while operating a vehicle under the influence of alcohol or drug of abuse or combination);
A violation of R.C. 2903.06(A)(1) (Aggravated vehicular homicide) or 2903.08(A)(1) (Aggravated vehicular assault) or a municipal ordinance that is substantially equivalent to either of those divisions;
A violation of R.C. 2903.06(A)(2), (3), or (4) (Aggravated vehicular homicide) or 2903.08(A)(2) (Aggravated vehicular assault), or former section R.C. 2903.07 (Vehicular homicide), or a municipal ordinance that is substantially equivalent to either of those divisions or that former section, in a case in which a judge or jury found the offender was under the influence of alcohol, a drug of abuse, or a combination of them);
A violation of 1547.11(A) or (B) (Operation control, or manipulation under the influence of alcohol or drug, i.e., Boating under the influence);
A violation of a municipal ordinance prohibiting a person from operating or being in physical control of any vessel underway or from manipulating any water skis, aquaplane, or similar device on the waters of this state while under the influence of alcohol, a drug of abuse, or a combination of them or prohibiting a person from operating or being in physical control of any vessel underway or manipulating any water skis, aquaplane, or similar device on the waters of this state with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine;
A violation of a former law of this state that was substantially equivalent to division (A) or (B) of section 4511.19 or division (A) or (B) of section 1547.11 of the Revised Code;
A violation of a former law of this state that was substantially equivalent to R.C. 4511.19(A) or (B) or R.C. 1547.11(A) or (B).

PENALTIES AND COLLATERAL CONSEQUENCES RESULTING FROM AN OVI CONVICTION:

Driving while under the influence of alcohol or a drug of abuse has serious consequences such as license suspension; the potential of a jail term; the imposition of fines; the impound of the driver’s vehicle; the requirement of attending an intervention, treatment, or education program; and the possibility of community control. Under state law, any individual deemed to be, “drug dependent, in danger of drug dependence, or a chronic alcoholic,” is prohibited from possessing a firearm. See, R.C. 2923.13 http://codes.ohio.gov/orc/2923.13 .

Further, charges or a conviction for OVI can result in the loss of livelihood, increases in insurance costs, suspension of a professional license or a barrier to obtaining a professional license.

DRIVING UNDER SUSPENSION SUMMARY:

Ohio prohibits an individual from operating a motor vehicle if that individual’s operating license has been suspended or if the operation of the vehicle violates a restriction placed on the individual’s operating license.

DRIVING UNDER SUSPENSION IN OHIO:

Driving under suspension or in violation of a license restriction is a Misdemeanor of the 1^st degree. This charge carries a maximum penalty of up to a $1,000 fine and 180 days in jail. The court may also impose a class 7 suspension of the offender’s license. This level of suspension carries a definite period of suspension not to exceed one year. R.C. 4510.11 http://codes.ohio.gov/orc/4510.11 is Ohio’s “Driving Under Suspension or in Violation of License Restriction” statute.

Driving under OVI suspension carries harsher penalties. Driving under OVI suspension is usually a Misdemeanor of the 1^st degree. The offender faces a mandatory three days in jail, minimum $250 fine, a one-year license suspension, and 30-day immobilization of the vehicle being operated. The penalties may be even more severe if the offender has been convicted of this same crime in the past. R.C. 4510.14 http://codes.ohio.gov/orc/4510.14 is Ohio’s “Driving Under OVI Suspension” statute.

If you are charged with driving under suspension or in violation of a license restriction, the burden is on the state to prove beyond a reasonable doubt that you were in fact driving and that your license was suspended at the time you were driving.

COMMERCIAL DRIVER LICENSE TRAFFIC OFFENSE:

Commercial Driver’s License (CDL) holders are held to a different standard than non-CDL holders, even when operating non-commercial vehicles.

TRAFFIC OFFENSE ACTS RESULTING IN CDL DISQUALIFICATION IN OHIO:

If a CDL holder is arrested for OVI and refuses to consent to a breath, blood, or urine test, or is convicted of an OVI offense (even while operating a non-commercial vehicle), his or her CDL will be subject to disqualification for at least one year, and may be subject to a lifetime disqualification, depending on his or her circumstances.
Generally, Ohio law provides for CDL disqualifications under the following circumstances:

Alcohol/Drug Violations	First Offense	Second Offense
Alcohol/Drug Test Refusal in any Motor Vehicle (MV)	One year	Lifetime
Alcohol Positive Test Any Detectable Amount Operating Commercial Vehicle (CMV)	24 hours out of service	24 hours out of service
0.04 breath test operating CMV	One year	Lifetime
0.048 blood test	One year	Lifetime
0.056 urine test operating CMV	One Year	Lifetime
OVI Conviction in any MV	One Year	Lifetime
Under influence any controlled substance in any MV	One year	Lifetime

Other Major Violations	First Offense	Second Offense
Driving Under Suspension, Disqualification, Revocation in a CMV	One year	Lifetime
Cause Fatality by Negligent Operation of CMV	One Year	Lifetime
Failure to stop after accident in any MV	One Year	Lifetime
Using any MV in commission of a felony	One year	Lifetime

Serious Traffic Violations* Any 2 or 3 in a 3-Year Period (Mix or Match)	First Offense	Second Offense
Driving CMV without a CDL	60 days	One year
Texting while driving	60 days	One year
Using Hand-Held Mobile Phone	60 days	One year
Using any MV in commission of a felony	60 days	One year
Speed 15 MPF or more over posted speed limit	60 days	One year
Willful disregard of Safety (Reckless Operation)	60 days	One year
Traffic violation resulting in fatality	60 days	One year
Violation of CDL Class Restriction	60 days	One year
Driving CMV without CDL in possession	60 days	One year
Marked lane violation	60 days	One year
Following too close	60 days	One year
Cause Fatality by Negligent Operation of CMV	One year	Lifetime
Failure to stop after accident in any MV	One year	Lifetime
Using any MV in commission of a felony	One year	Lifetime

*“Serious Traffic Violations” committed in a non-commercial MV may have the same effect as if they were committed in a CMV if the violation resulted in a suspension. See, R.C. 4506.16(D)(6)(a) http://codes.ohio.gov/orc/4506.16 .

Other traffic violations, including Railroad Crossing violations and “Out-of-Service” violations, can also result in disqualifications of a Commercial Driver’s License.

CDL disqualifications can be appealed to the Ohio Bureau of Motor Vehicles, however, time is of the essence in appealing a disqualification.

EFFECT OF DRIVER’S LICENSE SUSPENSION ON CDL LICENSE:

Under Ohio law, if you are a Commercial Driver’s License holder and if your driver’s license is suspended for any reason, no court can issue an order granting you limited driving privileges for the operation of a commercial vehicle. See, R.C. 4506.161 http://codes.ohio.gov/orc/4506.161 . Accordingly, if your driver’s license is suspended, while you may be eligible for limited driving privileges to operate a non-commercial vehicle, you cannot obtain limited driving privileges to operate a commercial vehicle.

Therefore, if you are a Commercial Driver’s License holder and have been charged with an OVI, DUS, or other major violation or “Out-of-Service” order, it is imperative that you retain the services of an attorney immediately, as disqualification of your Commercial Driver’s License may occur, and, depending on your circumstances, you may be facing lifetime disqualification.

Featured Success Stories

ZLM successfully represented Major League Baseball player charged with Operating a Vehicle Under the Influence of Alcohol, following a two-car collision. At trial, ZLM offered testimony of paramedic that examined Client following accident and, during cross-examination of arresting officer, established that officer was studying his National Highway Traffic Safety Administration handbook to prepare his testimony in front of the jury during trial and prior to his testimony. Client found NOT GUILTY following jury trial.

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Cleveland DUI Lawyers

Other Practice Areas

DUI/OVI SUMMARY:

PRIOR CONVICTIONS OF OVI:

PENALTIES AND COLLATERAL CONSEQUENCES RESULTING FROM AN OVI CONVICTION:

DRIVING UNDER SUSPENSION SUMMARY:

DRIVING UNDER SUSPENSION IN OHIO:

COMMERCIAL DRIVER LICENSE TRAFFIC OFFENSE:

TRAFFIC OFFENSE ACTS RESULTING IN CDL DISQUALIFICATION IN OHIO:

EFFECT OF DRIVER’S LICENSE SUSPENSION ON CDL LICENSE:

Featured Success Stories

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3912 Prospect Ave E, Cleveland, OH 44115

216.696.0900

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