Have you been arrested for driving under the influence in Cleveland, OH? A DUI conviction could lead into high financial penalties, suspension of your driver’s license and even jail time. An experienced Cleveland DUI lawyer at The Elkhatib Law Office can help you, Call us at (216) 334-3444 to schedule a free consultation today.
Our lawyers have years of experience successfully handling complicated criminal law matters. We have the skills to help you reach a favorable outcome. Handling your DUI case alone can be a huge mistake. It’s important to get legal assistance as quickly as possible. Contact our law offices in Cleveland, Ohio, or schedule a free and confidential consultation today.
How Can The Elkhatib Law Office Help if I Was Arrested and Charged With a DUI in Cleveland?
Drunk driving arrests happen every day. Still, it can be shocking to suddenly be facing criminal charges. Hiring an experienced Cleveland criminal attorney can be one of the most important things you ever do. Remember that you’re innocent until proven guilty.
Our team at The Elkhatib Law Office has won the Avvo Client’s Choice Award for our exceptional legal representation. When it matters most, you can count on us to come to your defense.
When you hire us, you’ll have an entire team to:
- Investigate to determine whether the traffic stop was legitimate
- Examine the credibility of all evidence
- Identify any weaknesses in the prosecution’s case
- Move to have improperly obtained evidence excluded
- Work behind the scenes to negotiate reduced charges or get your case dismissed if possible
- Fight to win a not guilty verdict at trial
The state has considerable resources to prosecute your case. Level the playing field by hiring our experienced Cleveland criminal defense lawyers today. We’re always here to discuss your case, so contact us today to get started.
Overview of the Laws on OVI/DUI in Ohio
As a technical matter, drunk driving or driving under the influence of drugs is called a DUI or DWI in most states. Under Ohio law, operating a vehicle while impaired is called “OVI”.
The terms are typically used interchangeably in Ohio.
Pursuant to Ohio Revised Code Section 4511.19, police officers have authority to charge drivers with a DUI if they are found to have:
- Operated the vehicle with a blood alcohol content (BAC) of 0.08% or higher or a urine concentration of 0.11%
- Operated the vehicle with a BAC of 0.02% or higher while under the legal drinking age (age 21)
- Operated the vehicle with certain specified levels of controlled substances in their body (the precise level depends on the type of drug involved)
- Operated the vehicle if their driving abilities were impaired because of the use of alcohol or drugs
The laws on DUI in Ohio give police and prosecutors considerable leeway. You can be charged with DUI even if the drug or alcohol content in your body doesn’t exceed the legal limits. When law enforcement can prove that your driving abilities were impaired, you can be arrested and charged.
On the other hand, if your BAC does exceed the legal limit, you can be arrested regardless of whether your driving abilities were actually impaired.
The bottom line is that you should take any DUI allegations seriously and get help navigating the legal system. If you’re facing DUI charges, call our law firm in Cleveland to learn more about our practice areas. We can start preparing your DUI defense immediately.
What are Some Potential Penalties for DUI Conviction in Cleveland, Ohio?
Both administrative penalties and criminal penalties apply in DUI cases. The state can subject you to an administrative license suspension (ALS) immediately. That’s true even if you’ve yet to appear in court. Criminal penalties can only result from the trial process.
Understanding the Administrative License Suspension Penalties Under Ohio DUI and OVI Laws
Police officers in Ohio have authority to suspend your driver’s license if you either fail a chemical test or if you refuse to take the breathalyzer test entirely. When you get behind the wheel in Ohio, you have consented to submit to a chemical test.
So, refusing to take the breath test at all will result in the following penalties:
- If you are a first-time offender, your license can be suspended for one year. After 30 days, you can petition for limited driving privileges
- Second-time offenders can see their license suspended for two years and have to wait 90 days before they can request limited driving privileges
- If you refuse to take a test for a third time, your license can be suspended for three years and you have to wait one year before you can apply for limited driving privileges
If you submit to the breathalyzer test and fail, a different set of penalties applies.
The duration of the suspension period depends on your prior DUI history:
- The first time you fail a chemical test, your license will be suspended for 90 days and you can request limited privileges after 15 days have passed
- For second-time offenders, you’ll face a one-year suspension and a 15 day waiting period
- The third time you fail, your license can be suspended for two years and you’ll have to wait 180 days to apply for limited privileges
- When you fail a chemical test for a fourth time, your license can be suspended for three years without possibility of limited driving privileges
A ten-year lookback window applies in determining the duration of your suspended license. Any DUI offenses within that ten-year period will be counted. When determining whether to grant limited driving privileges, Ohio courts can also require you to install an ignition interlock device.
Note that the administrative penalties for refusing to take a breath test can be even more harsh than those that apply if you failed the test.
What Criminal Penalties Are Possible Under Ohio DUI Laws?
The criminal penalties that can be imposed in DUI cases also vary depending on your prior DUI history. The same ten-year lookback period applies. Your actual BAC at the time of your arrest will also determine the possible penalties.
It’s important to realize that you could be facing jail time even if you were a first-time offender.
Possible criminal penalties include:
- First offense DUI: Between three days and six months in jail, a maximum of $1,075 in fines, and a suspended license for between one and three years
- Second offense DUI: Between ten days and six months in jail, up to $1,625 in fines, and a suspension for between one and seven years
- Third offense DUI: Between 30 days and one year in jail, a maximum of $2,750 in fines, and a license suspension for between two and 12 years
If you’re convicted for a first offense DUI, you’ll be required to participate in a driver’s intervention program and complete a treatment program. Participating in a community program can reduce jail time, if the judge allows it.
Additional penalties can apply. Judges can order electronic monitoring, drug or alcohol treatment, counseling and even community service. The exact penalties for conviction depend on your circumstances and, often, on the strength of your legal representation.
Enhanced Penalties for Aggravated DUI in Ohio
Aggravated DUI penalties can apply if your BAC was 0.17% or higher. Any of the same penalties that apply to first-tier DUI charges may apply.
Additional penalties can include:
- Three days of jail time and three days participating in a driver’s intervention program for first offenders
- A minimum of 20 days in jail, or ten days in jail plus 36 days of in-home arrest with electronic monitoring for second-time offenders
- A minimum of 60 days in jail, or 30 days in jail plus 110 days of in-home arrest with electronic monitoring for third-time offenders
If you’re charged with aggravated DUI, call our Cleveland DUI attorneys immediately. We’re here to start working on your defense strategy today.
What Defenses Are Possible if I Was Charged With a DUI in Ohio?
It can be easy to give up hope if you were charged with a DUI. You might think no defenses are even possible if you failed the breathalyzer test. That’s not true. An experienced criminal defense attorney can explore many effective defense strategies.
Some possible elements of your defense may include:
- No probable cause for the initial traffic stop or sobriety testing
- Failure to maintain the breathalyzer machine
- Failure to adhere to chain-of-custody standards
- Coercion during interrogation
- Failure to properly administer field sobriety testing
- Waiting too long to perform a chemical test
- Violation of your constitutional rights
Our team at The Elkhatib Law Office has the skills to develop the most effective defense strategy possible in your case. Call for a free consultation today.
Schedule a Free Consultation With an Experienced Cleveland DUI Lawyer Today
If you’re facing DUI charges, it’s important to hire an experienced Cleveland DUI lawyer. DUI conviction can haunt you for years to come. To learn more about your legal rights, call The Elkhatib Law Office for a free case review today.
