Dealing With A OVI – Operating A Vehicle Impaired
Because of the seriousness of the offense, OVI attorney or OVI lawyer are just two of the legal professionals who specialize in cases of this nature. For the person who decides to forego representation and plead guilty, it is usually a very expensive conviction that carries heavy fines, court costs, and possibly even jail time.
In 2005, the state of Ohio changed the terminology for Driving under the Influence because the exact offense was more involved than just driving. As a matter of fact, a person does not have to be in a motor vehicle or even driving to be arrested. The new term is “operating a vehicle impaired,” and it can be any vehicle such as a horse, bicycle, or anything that transports a person.
For someone to be considered under the influence of drugs and/or alcohol, the basis is determined by the officer of record who makes observations as to the following:
* The person is driving or there is evidence that the person had been driving before the officer arrived at the scene.
* There is a smell of alcohol on or around the person. This can be expanded to the smell of drugs such as marijuana.
* The person’s speech is slurred and motor reflexes are uncoordinated
* The person admits to having consumed alcoholic beverages
* The person has glassy or bloodshot eyes
* Observations of the vehicle indicate that drinking has taken place because of open, partially filled, or empty containers inside
* The suspect fails any or all sobriety tests conducted on the spot
Ohio Operating a vehicle while intoxicated law is very complicated for the common citizen. It is a good recommendation to consult an attorney before pleading anything. Many attorneys will offer a free consultation in which they will give an opinion as to what the probable outcome will be with their services as well as what the expected expenses will be.
The first time offender might expect to be required to attend a Driver Intervention Program (DIP), which takes seventy-two hours to complete. For anyone who refuses the three-day alcohol intervention program, the other alternative is three days in jail.
The three-day DIP is usually conducted at a hotel local to the defendant and is a much better way to spend three days than in a prison cell. The courts in Ohio keep a list of certified and approved DIPs, but there may not be one listed in the area where the defendant lives.
In such a case, the defendant can offer the court information on any that might take place in his or her home area. It is up to the discretion of the court whether to allow attendance to any Driver Intervention Program.
Even if the charge is a first time offense, odds are much better for the defendant who has a lawyer. In most cases, a lawyer can save the defendant money and embarrassment. In the event of an operating a vehicle while intoxicated charge, it is good to have as much support as is possible.