First Time Offense
A fun night out can turn sour when you are pulled over for operating a vehicle under the influence. Most DUI / OVI arrests involve an individual with no previous criminal history. Unfortunately, though, law enforcement will not take this into account.
Being arrested is a scary experience. The police make you feel like a criminal, and as if there is no one to turn to for legal support. If you are arrested for DUI / OVI in Ohio, don’t speak to law enforcement until an attorney is present.
Columbus, OH First Time DUI Defense Lawyer
The attorneys at Joslyn Law Firm are available to you 24/7. We will respect your right to be represented and vow to vigorously advocate on your behalf. Call to schedule a confidential consultation.
Joslyn Law Firm represent clients in counties throughout central Ohio such as Franklin County, Delaware County, Union County and Madison County.
Information Center
- Ohio DUI / OVI Laws
- Penalties for First DUI / OVI Offense in Ohio
- What are Yellow Plates?
- Reinstating Driving Privileges
- Additional Resources
Ohio DUI / OVI Laws
According to a statistic from the Ohio State Highway Patrol (OSHP), Franklin County had 2,716 OVI arrest in 2018, almost double what it was the previous year. If you are ever arrested for DUI / OVI, it’s best to have an understanding of the state’s laws.
Laws for operating a vehicle under the influence of alcohol or drugs can be found in section 4511.19 of the Ohio Revised Code. Under this section, it’s illegal for anyone to operate any vehicle, streetcar, or trackless trolley in the state under any of the following conditions:
- Under the influence of alcohol, a drug of abuse, or a combination of both.
- With a concentration of 0.08 or more but less than 0.17 of alcohol in breath or blood.
- With a concentration of any of the following substance:
- Marijuana
- Cocaine
- Amphetamine
- Methamphetamine
- Heroin
- LSD
- Angle dust
You are consenting to chemical testing from law enforcement when you accept an Ohio driver’s license. This is called implied consent, and it’s found in section 4511.191 of the Revised Code. You have the right to refuse chemical testing, but it doesn’t come without consequence.
Your license will be suspended if you refuse. How long it’s suspended will depend on previous refusals. It’s recommended you always refuse chemical testing. This will poke a hole in the prosecutors’ case against you because they will lack crucial evidence proving you were driving while intoxicated.
Penalties for First DUI / OVI Offense in Ohio
The penalties for a first time DUI / OVI offense are not as severe as a second or third conviction. You will still face time behind bars, a suspended license and steep fines. But keep in mind Joslyn Law Firm will diligently fight to have the penalties reduced significantly, if not dropped.
The extent of the penalties will depend on whether your OVI test scores low or high. A low OVI test is a BAC of 0.08 but less than 0.17, while a high test is a BAC of 0.17 or higher. For a first offense with an OVI low test, you could face a first-degree misdemeanor punishable by the following:
- A minimum of 72 hours in jail, but up to six months
- Fines between $375 and $1,075
- A license suspension ranging from six months to three years
- Limited driving privileges for 15 days following the date of the offense
A first offense with an OVI high test is also a first-degree misdemeanor, but with elevated penalties. These penalties can include:
- A minimum of six days in jail, but up to six months
- Fines between $375 and $1,075
- A license suspension ranging from six months to three years
- Limited driving privileges for 15 days following the date of the offense
- Mandatory yellow license plates
What are Yellow Plates?
In 2004, Ohio enacted a law requiring those convicted of an OVI to display restricted driving plates. These plates are bright yellow with red letter and are mandatory for all DUI / OVI offenses except for a first offense with low test.
These yellow plates are required once the court has imposed limited driving privileges. The plates must be used on every vehicle the offender drives under their limited driving privileges, regardless of who owns the vehicle.
Restricted plates are a condition of limited driving privileges. This means they are required to be on your vehicle at all times. If you are caught driving without them, you could face additional penalties such as mandatory jail time and the revocation of limited driving privileges.
Reinstating Driving License
A license suspension is one of the penalties you could face if you are convicted of a DUI / OVI or if you refuse a chemical test. There are a few conditions you are required to meet under section 4510.038 of the Ohio Revised Code to have your driver’s license reinstated. These conditions include:
- Serve the suspension time imposed by the court
- Pay the reinstatement fee
- Provide current proof of auto insurance at the end of the suspension.
Additional Resources for First Time DUI / OVI offense in Columbus, OH
Operating Vehicle Under the Influence of Alcohol or Drugs | Ohio Revised Code– Follow this link to read the full text of the chapter of the Ohio Revised Code governing DUI / OVI. You can also learn about the legal limit of alcohol for blood, urine and breath.
License Suspension and Reinstatements– Visit the Ohio BMV website to find more information about license suspension and reinstatements. You can also learn more about offenses such as physical control and liquor law violations.
Columbus DUI Defense Attorney
If you were recently arrested for driving under the influence in Columbus, OH, you should contact legal representation right away. Joslyn Law Firm will exhaust all of its resources to ensure the best possible outcome for your situation is achieved.
Call to schedule a confidential consultation. Joslyn Law Firm defends those accused of OVI in counties across central Ohio such as Pickaway County, Fairfield County and Licking County.