Operating a Motor Vehicle Under the Influence (OMVI)
When it comes to the criminal charge of drunk driving, there are many different terms in Ohio for the offense. This includes operating a vehicle under the influence (OVI), driving under the influence (DUI), driving while intoxicated (DWI), and operating a motor vehicle under the influence (OMVI). While the offense is listed officially as OVI in Ohio statutes, the charge has previously been designated as OMVI.
Ohio OMVI Defense Attorney
The state of Ohio is intent on keeping its roads safe from drunk, drugged, and reckless drivers. Because of this, many people are pulled over every day on suspicion of operating a vehicle while under the influence in routine stops and checkpoints. It's important to note that a variety of factors can result in the dismissal of these charges, including details such as your health and maintenance of BAC testing equipment to violations of fourth amendment rights against unreasonable search.
To schedule a free and confidential consultation, call (513) 339-6289 or send an online message to go over your OMVI case with the attorneys at Joslyn Law Firm today. With an office location in Cincinnati, the firm is a convenient option for Central Ohio residents of, among others, Hamilton, Fairfield, Sharonville, Butler, Oxford, Loveland and Lebanon.
The possible consequences of a drunk driving conviction are also wide ranging, possibly even effecting your social, professional and financial well-being. A swift and precise reaction to the charges is necessary in successfully defending your name, and the highly knowledgeable DUI lawyers of Joslyn Law Firm are prepared to fight to clear your name.
An Analysis of Ohio Operating a Motor Vehicle under the Influence Laws
- Definition of OMVI under Ohio Law
- Criminal Penalties for OMVI Under ORC §2929.24
- Working with the Best OMVI Lawyer in Cincinnati to Clear Your Name
The laws regarding operating a motor vehicle while under the influence can be found in Title 45 of the Ohio Revised Statutes. According to ORC §4511.19 No person shall operate any motor vehicle within the state of Ohio, if, at the time of operation:
- The person is under the influence of alcohol, a drug of abuse, or a combination of them.
- The person has a concentration of .08 or more Blood Alcohol Content (BAC)
The law also includes drugs in addition to alcohol. According to the same statute, it is unlawful for a person to operate a motor vehicle in Ohio if:
- The person has a concentration of amphetamine (meth) in their urine of at least 500 nanograms (per milliliter) OR 100 nanograms (per milliliter) in their blood.
- The person has a concentration of cocaine (coke) in their urine of at least 150 nanograms OR at least 50 nanograms in their blood.
- The person has a concentration of heroin in their urine of at least 150 nanograms OR at least 50 nanograms in their blood.
- The person has a concentration of LSD (acid) in their urine of at least 25 nanograms OR at least 10 nanograms in their blood.
- The person has a concentration of marihuana (marijuana, weed, bud, pot) in their urine of at least 10 nanograms OR at least 2 nanograms in their blood.
The penalties of a OMVI conviction in Cincinnati or any other location in Ohio are extensive and include both jail time and a possibility for large fines. According to §4511.19(G) the standard charge for a first OMVI is a misdemeanor of the first degree.
The Ohio Revised Code §2929.24 states that a first-degree misdemeanor comes with a presumptive sentence of no more than 180 days and / or fines of up to $1,075.
In addition, violators will be required to serve a three-day jail sentence (72 hours). The court may sentence an offender to both an intervention program and a jail term. The court may impose a prison sentence in addition to the three-day mandatory jail term or intervention program. However, in no case shall the cumulative jail term imposed for the offense exceed six months.
In all scenarios, a class-five license suspension of the individual's driver's license, commercial driver's license, permit or nonresident operating privilege will be invoked for an OMVI conviction.
If you have been charged with operating a motor vehicle while under the influence in Ohio, working with a capable criminal defense attorney is paramount when trying to fight the allegations. Considering the penalties that could result from a conviction, covering all your bases is important in finding a favorable outcome.
Each OMVI defense lawyer at Joslyn Law Firm leaves nothing to chance, investigating every aspect of the case while working to pursue outcomes such as not guilty verdicts and case dismissals. Furthermore, our Hamilton County legal team understands that science is not perfect and maintains a sharp understanding of the latest potential weaknesses in blood alcohol content (BAC) testing.
In addition to serving individuals and families throughout Hamilton County, the firm also handles cases in and around Clermont County, Greene County, Fayette County, Warren County, Butler County, Franklin County and Clinton County. Call (513) 339-6289 or send an online message to schedule your initial case review to go over your case today.