Law enforcement in Ohio are trained to be alert for any erratic driving behavior, such as weaving in and out of traffic lanes, speeding, failing to brake at a red light, or other telltale signs that a driver may be too impaired to safely operate a motor vehicle. An officer may pull the driver to the side of the road and then conduct sobriety testing, a breathalyzer test, or take a blood sample to determine the percentage of alcohol present in the driver's body.
If your BAC measures above the legal limit then the officer will immediately arrest you for a DUI. There are protocols to follow when administering the tests and if done incorrectly then the results can be inaccurate or unreliable. At The Meranda Law Firm LTD, we help many clients who question the tests they received and the validity of their DUI arrests.
The state criminal laws extend a DUI to include other vehicles like boats, golf carts, and some additional vehicles. The offense is an OVI or "operating a vehicle under the influence." It can include alcohol or drugs that influence the driver's ability to operate a vehicle in a safe manner. When a driver has prior DUI or OVI convictions, the penalties increase each subsequent time.
If you drive while intoxicated or while affected by illegal or prescription drugs and cause an accident that seriously injures or kills someone, you can face a felony DUI charge, or vehicular manslaughter (if the victim loses his or her life). A driver with multiple DUI convictions on record will be facing increased penalties with each subsequent offense.
Repeat offenders facing a felony DUI conviction are looking at one, two, three, four, or five years of mandatory incarceration as a repeat offender. On top of that, he or she could also face the penalties for their felony OVI, which is a non-mandatory, consecutive sentence of 9 - 36 months by discretion.
You can have serious felony charges against you if you already have three prior DUI convictions and were arrested again for drunk driving. Learn how our attorneys can help protect your rights.