DUI
A DUI [called OVI in Ohio] is not always confined to driving while under the influence of alcohol. It can include intoxication - as set forth by statute- by marijuana, narcotics, prescription drugs or a combination of drugs and alcohol. Although alcohol is the most frequent culprit and most readily detectable, blood tests can be used to determine the existence of drugs in the body. A blood test does, however, require a magistrate or judge to sign a document permitting law enforcement to proceed.
What are the consequences of a DUI?
- A DUI carries stiff penalties. Usually, a court will fine at least $500 for the first offense, and set forth a license suspension of six months.
- The jail sentence can range from 3-180 days for a first offense.
- A DUI reinstatement with the BMV is over $400.
- There is no sealing of records [expungement] for a DUI.
- For first time offenders with a CDL, your commercial license will be suspended for a year. You cannot petition a court for driving privileges in this case.
- A DUI incurs 6 points on your driving record. Twelve (12) points will cause your license to be revoked.
- Even for a first time offender, if you blow "high," your vehicle must be equipped with marked plates.
- If you blow .17 or higher, the penalties are typically doubled.
It is best to take action immediately following the arrest and before arraignment by hiring a competent DUI lawyer. Although this is meant merely for informative purposes and does not constitute the formation of an attorney-client relationship, it should be noted that many criminal defense lawyers advise their clients to:
- If stopped for a suspected DUI, politely decline to take a field sobriety or breathalyzer test.
- Do not admit to consuming any drugs or alcohol.
- Provide your name, license and proof of insurance, but do not answer questions, as this might indicate a slurred voice or the odor of alcoholic beverages.
- Ask for an attorney if questioning persists.