There are many different terms used to describe drunk driving in Ohio. One of them is OMVI. OMVI is an acronym that stands for operating a motor vehicle under the influence. The offense is officially listed as operating a vehicle under the influence (OVI), but it was called OMVI at one point.
OMVI is still charged the same as an OVI. You’ll face expensive fines, possible jail time and a suspended license. There are other consequences, though, that could affect you for the rest of your life if you’re convicted of OMVI. Because of this, it is imperative you contact an OVI attorney as soon as possible.
Columbus, OH OMVI Defense Lawyer
An OMVI conviction has the potential to alter your life dramatically. You could lose your professional license, driving privileges and have a mark on your criminal record. Take the first step to building a solid defense and contact the Joslyn Law Firm.
Call to schedule a confidential consultation. Joslyn Law Firm represents clients in counties in central Ohio including Franklin County, Union County, Madison County and more.
Ohio’s OMVI Laws
It’s always a good decision to read up on the state’s laws, especially when you are facing charges for a crime. It makes you a better-informed citizen, and you’ll have an idea of what may happen next.
The laws regarding OMVI are listed under section 4511.19 of the Ohio Revised Code. This section makes it illegal for anyone to operate a vehicle, streetcar, or trackless trolley in Ohio while under the influence of alcohol.
There are numerous conditions where you could be considered intoxicated. These conditions include:
- Having a BAC of .08 or higher
- Having a concentration of any of the following controlled substances in your system:
- Angel dust
You have the right to refuse a chemical test. But once you are arrested, you are legally required to submit to one. If you refuse a chemical test while in police custody, you will have your license suspended. This is called implied consent, and it’s defined under section 4511.191 of the ORC.
The first time you refuse a chemical test, you will face a license suspension for a year. A second refusal is punished by a two-year license suspension while a third refusal is punishable by a three-year license suspension.
How is OMVI Charged in Ohio?
OMVI is charged the same as an OVI. The penalties for the first three offenses are not as severe as a fourth or subsequent conviction, but after three convictions, you will become a convicted felon. If convicted, you could face the following penalties:
First Offense: First-degree misdemeanor punishable by a minimum of 72 hours in jail but up to six months and a fine ranging from $375 to $1,075. Your driver’s license will also be suspended for six months to three years.
Second Offense: First-degree misdemeanor punishable by a minimum of 10 days in jail but up to six months, a fine costing between $525 and $1,625 and a license suspension for up to a year. You will also be required to submit to an alcohol and drug assessment, have yellow driving plates installed on your vehicle and have your vehicle immobilized for 90 days.
Third Offense: First-degree misdemeanor punishable by a minimum of 30 days in jail but up to a year. You will also be required to pay a fine ranging between $850 and $2,750, attended a mandatory alcohol and drug addiction program and have your license suspended for two to 12 years.
A fourth and fifth OMVI is charged as a fourth-degree felony. You could spend 60 days to a year behind bars, between $1,350 and $10,500 in fines, a license suspension for three years to life and limited driving privileges for three years. You will also be required to have an interlock ignition device installed in your vehicle, restricted driving plates and the possible forfeiture of your vehicle.
Ohio OVI Laws | Ohio Revised Code– Follow this link to learn more about the state’s OVI laws. You can read the precise legal definition of the crime and how it’s penalized. The code can be read on the Ohio Laws and Rules website.
Implied Consent | Ohio Revised Code – Learn more about implied consent in Ohio. You can read up on how the state defines the law and how it’s penalized. You can also learn how a police officer is supposed to conduct a chemical test and the allocation of fines for the offense.
Columbus, OH OMVI Defense Attorney
The impact of an OMVI charge can impact your life long after your time has been served and fines have been paid. To mitigate the chances of dealing with the worst, contact Joslyn Law Firm.
Call to schedule a confidential consultation. Joslyn Law Firm represent clients accused of OMVI offenses in central Ohio counties such as Pickaway County, Fairfield County and Licking County.