Criminal & OVI
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Criminal and OVI cases range from domestic violence and assault charges to theft, disorderly conduct, driving under the influence, and all other criminal charges brought by the state. While incidents range from felony to misdemeanor offenses, the majority of offenses committed in Ohio are misdemeanors. The difference in felony vs. misdemeanor penalties can be stark. Penalties for conviction in a 1st degree misdemeanor case, such as a first-time OVI, are up to six months in jail and a maximum fine of $1,000. A felony, on the other hand, is considered a higher level offense and can result in long-term imprisonment. In general, a 1st degree felony violation committed on or after March 22, 2019 (post Reagan Tokes Law), will result in the judge choosing a minimum and maximum term sentence. The minimum sentence could range from three to eleven years.
An OVI (also known as a DUI and sometimes DWI) is where the state alleges that you were operating a vehicle above the legally allowed limit for intoxication. OVI penalties can vary based on your percentage over the legal alcohol limit, number of previous offenses, and other factors. If you’ve been charged with a DUI, you should contact a DUI lawyer immediately. The penalties for conviction can vary significantly, and the consequences of a DUI can be severe. Depending on your case, this may put your Ohio driver’s license status, job, college enrollment, practicing license (e.g. nursing license) and even your freedom in serious jeopardy.
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Have you been charged with driving under the influence? Has an officer issued a criminal complaint or charged you with criminal negligence? Whatever you’re facing, you need strong representation to fight for your rights. Let Grant Carpenter Law, LLC evaluate your case for free today.
I was arrested for my first OVI, what are some of the consequences that I am facing?
An OVI is an extremely complex and highly litigated area due to the issues that arise with testing the substance and whether or not the officer acted within their scope of duties when administering the testing or initiating the arrest. Because of these potential factors, an OVI could be reduced to a reckless operation or physical control charge. These have less severe consequences than an OVI. Nevertheless, an OVI conviction requires a minimum of three days in jail or a driver intervention program provided you did not register high tier testing results (high tier is defined as a BAC of .17 or more). In addition, you will face a fine of $375 to $1,075, six points on your driver’s license, and a minimum one year license suspension. You may also be placed on probation subject to a suspended sentence.
As a college student, can I be kicked out of school if I am convicted of an OVI?
As if the penalties for an OVI conviction were not enough, you may be hit with secondary consequences such as disciplinary proceedings from the college you attend. Resultant proceedings would be based on your school’s code of conduct and could lead to administrative sanctions. These could mean a temporary suspension or expulsion from the university. It is important that you hire a DUI attorney who understands the severe consequences that come with the charge — someone who will do everything possible to prevent an OVI conviction.
What should I do if I am arrested?
Please contact an attorney immediately. The ramifications for failing to do so can lead to serious consequences down the road. In my experience during a grand jury proceeding, phone conversations immediately following an arrest can be the difference between a conviction or dismissal down the road. Contact a criminal defense attorney before you speak with anyone on the phone at the jail, including family members. We often forget that jail calls are recorded lines and can be used against you during trial. This only underscores the importance of securing representation before making any other decisions or taking action in any way.
What is the difference between a criminal complaint and a felony indictment?
A criminal complaint is a document signed and issued by a police officer stating that he or she believes there is probable cause pointing to a defendant committing a certain crime. A criminal complaint is usually issued to have someone arrested so that a police officer can attempt to interview them about additional crimes the officer suspects they have committed. In a felony case, a person can only be held in jail for a certain amount of time (typically ten days) before a prosecutor has to present the case to a grand jury. If the prosecutor does not bring the case to a grand jury in the time allotted, the defendant must be released from jail. Once a case is presented to a grand jury, the grand jury will decide whether or not to indict on the charges that are presented to them by the prosecutor. It is common that these charges be in addition to or different from those charges for which the criminal complaint was issued.
What is the difference between bail and bond?
Bail is the sum of money that a defendant must pay to be released from jail. A jail bond, on the other hand, is the money posted on a defendant’s behalf to secure his or her release. This is usually posted by a bail bond company. There are certain terms that a defendant must agree to as part of his or her release from jail. Failure to follow these terms and conditions of bond could result in your bond being revoked and the court issuing a warrant for your arrest. An attorney can request to have your initial jail bond lowered to a more affordable rate, enabling your pre-trial release.
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