High Test DUI
Many people believe that a DUI arrest is the same no matter what the circumstances. Although for first or second time offenders, the charge will be considered a misdemeanor of the first degree, there are enhanced penalties and sanctions for individuals who have an extremely high blood alcohol content when tested.
Every DUI arrest is considered a safety risk, but the risk increases exponentially when the driver is well over the legal limit of .08 BAC. Because of this, law enforcement is extremely vigilant when it comes to rooting out irresponsible or reckless drivers.
To protect yourself from the harsh penalties that come with a high test OVI charge, it is highly advisable to work with a criminal defense attorney who understands the laws concerning driving under the influence in Ohio.
Ohio Attorney for DUI with BAC over .17
With implied consent laws requiring you to take a sobriety test if asked by police, there is a possibility that you will be put in between a rock and a hard place. On the one hand, you could refuse the test, get arrested for doing so and be charged with a DUI while also being handed down an administrative license suspension. On the other, you can take the test, get arrested and then have evidence indicating your wrongdoing, incriminating you in the process and leading to a higher likelihood of conviction.
As you can see, this is a difficult position for anyone to be in, and law enforcement knows this. With this being the case, contacting the defense attorneys at Joslyn Law Firm as soon after arrest as possible can help them immediately work towards a favorable resolution.
Your qualified DUI lawyer in Cincinnati OH will be able to investigate the initial traffic stop, the breath or blood test given and the rest of the relevant factors of the case in order to develop a defense that helps you refute the claims. They will search out every possible avenue when attempting to find holes in the prosecution's case, doing everything necessary to put you in a defensible position.
Joslyn Law Firm is dedicated to fighting for the most favorable outcome in a given case, not simply pursuing the easiest. The legal system and Mayors Courts will not do any favors for individuals who have failed chemical tests, and the attorneys know that this is a fragile situation that needs to be approached accordingly.
Call (513) 399-6289 or send an online message to schedule a free and confidential consultation to go over your high alcohol content test results with the attorneys at Joslyn Law Firm today. Our firm proudly represents individuals and families throughout Cincinnati, Hamilton, Middletown, Lebanon, Sharonville, Blue Ash, Fairfield, Mason and Oxford, among many others throughout Central Ohio.
Information Center for Ohio High Alcohol Content OVI
- High Test DUI under Ohio Law
- Implied Consent Laws in Ohio for Alcohol Content Testing
- How to Find an Attorney After Blowing High for DUI
If your alcohol level is a .17 or above, or .238 (two hundred thirty-eight thousandths) or above in the urine, then you may be arrested for a high test DUI. This is more serious than a low test DUI because the penalties are stricter.
If it is your first offense, you must wait at least 14 days before getting you driving privileges reinstated and may be required to have yellow plates or an immobilizing device added to your car. You will also be charged with a first-degree misdemeanor.
The jail time for a high test DUI, according to Ohio Revised Code §4511.19, will be a presumptive six months in jail. This includes and increase by 3 days on top of the mandatory term you will have to serve after the initial arrest. This means that you will either have to spend 6 days in jail or 3 days in jail and 3 days in a driver intervention program. The fines for such an offense will be a minimum of $375 and a maximum of $1,075.
Along with the potential for extensive jail time and costly fines, you will likely receive a court license suspension of between 6 months and 3 years, along with an ignition interlock device to be installed in your car. You may also be sentenced to a probation term that could last up to five years, if the judge feels as though that is necessary.
In Ohio, similar to many other states, we have what is called an "implied consent" law, which affects every driver in the state. All drivers in Ohio, when applying for and receiving a state driver's license, agree to submit to a chemical test of their blood, breath or urine if a law enforcement officers suspects the driver of being under the influence of drugs or alcohol.
If you refuse to submit to such a test, your license will be suspended, effective immediately, and you will be required to attend a hearing in court. View our page on Driver's License Suspensions to learn more about the penalties administered by the Ohio Bureau of Motor Vehicles.
If you or a loved one has been charged with a high test DUI, now is the time to fight the allegations so that you stay out of jail and are able to move on with your life. The attorneys at the Cincinnati-based Joslyn Law Firm are ready and willing to take on your charges case and provide legal representation that is able to effectively argue on your behalf. With an aggressive and proactive approach, the firm will take every step necessary to put you in a favorable position to get the charges reduced or dismissed.
Call (513) 399-6289 or send an online message to schedule a free and confidential consultation to go over your case with the Ohio DUI attorneys at Joslyn Law Firm today. In addition to working with people near their Cincinnati office location and the rest of Hamilton County, the firm also represents individuals and families throughout Clermont County, Greene County, Fayette County, Warren County, Butler County, Franklin County and Clinton County.