A good OVI/DUI attorney should be able to discuss with you not just the facts of your case, but also the potential impact of an OVI/DUI conviction on your job, career or life.
In Ohio, you can be charged with an additional offense of operating a vehicle with a prohibited concentration of alcohol and/or drugs in your system. Typically the substances which may be tested include blood, breath or urine. Ohio further distinguishes between a high concentration (or Tier) offense and a low concentration (Tier) offense. A low tier offense is defined as any blood or breath test with the result of .08% or higher but less than .17%. A low tier urine test as is defined as a result of at least .11 grams but less than .238 g. A high tier test is anything above a .17% for a breath or blood test, and in a urine test, a high test is defined as anything .238 g or above.
FAILED CHEMICAL TEST (Test over the legal limit)
FIRST FAILED TEST
- 90-day license suspension with optional limited driving privileges after 15 days.
SECOND FAILED TEST
- One-year license suspension with optional limited driving privileges after 45 days.
- On either a first or second failed test, interlock and yellow plates are optional and can be ordered by the court.
THIRD FAILED CHEMICAL TEST
- Two-year suspension with optional limited driving privileges after 180 days. Yellow license plates are optional, but interlock is required as a condition of driving privileges if the OVI was alcohol related.
FOUR OR MORE FAILED CHEMICAL TEST
- Three years license expansion with no limited driving privileges.
An administrative license suspension may be appealed at your initial arraignment date, or within 30 days of that initial appearance. The grounds on which a defendant can challenge an administrative license suspension is limited, however a prudent attorney will file an appeal of the suspension in order to preserve the right to challenge the validity of that suspension at some point in the future.