How Will a Criminal Defense Lawyer Help Me If I’m Facing DUI Charges in Columbus?

Intoxicated or drunk driving can lead to significant penalties in Ohio. For that reason, you’ll want a qualified criminal defense attorney on your side that is skilled at handling these types of criminal offenses and will fight for you.

At James D. Owen, LLC, we have over 25 years of experience representing clients faced with serious criminal charges. Our practice areas include driving under the influence/DUI defense. Our firm has helped people avoid jail time, and we may be able to get your charges dropped. We will pursue all possible defenses available to you and make sure all legal options are explored.

Part of our representation includes investigating the facts surrounding your arrest and evaluating all of the evidence. We will work hard in negotiating with the prosecutor’s office to have your charges dismissed or at least reduced.

If your case goes to municipal court, we will advocate for your interests during all stages of the legal process, including the arrangement, discovery period, pretrial conferences, and the trial itself. We can also help you avoid a license suspension or work to get your license reinstated.

Let us put our experience to work for you. Contact our Columbus law firm today to schedule your free initial case assessment.

Overview of DUI Laws in Columbus, OH

As you may or may not know, in Ohio, the crime of driving under the influence is referred to as Operating a Vehicle Under the Influence (OVI). This definition includes intoxication from drugs, alcohol, or both. Now, there are two methods that the prosecutor can use to prove that you violated the law.

Field Sobriety Test: One method is through a field sobriety test. This is administered by law enforcement during a traffic stop in order to demonstrate that a driver is impaired. Impairment is determined by the officer based on you failing the test, which might include walking a straight line, touching your nose, or standing on one leg.

Chemical Tests: The other method is by measuring your blood alcohol content (BAC) to see if it is over the legal limit. Keep in mind that if you are over the BAC limit, it does not matter that you passed the field sobriety test, and vice versa. Further, note that the legal limit depends on the type of substance in your system.

Below is a list of common drugs and their limits for operating a motor vehicle in Columbus:

• Alcohol: blood alcohol content over .08%
• Amphetamines: 100 nanograms per milliliter of blood
• Cocaine: 50 nanograms per milliliter of blood
• Heroin: 2,000 nanograms per milliliter of blood
• LSD: 25 nanograms per milliliter of blood
• Marijuana: 20 nanograms per milliliter of urine

 

Remember, having any amount of these substances in your system combined with a failed sobriety test is sufficient to charge you with OVI in Ohio.

Aggravated and Underage OVI

It’s important to note that the penalties for a DUI/OVI charge increase if your BAC is found to be over 0.17%. This is considered aggravated OVI and it can result in you receiving more jail time. You may also be subject to house arrest and alcohol monitoring.

In addition, the acceptable legal limit for drivers under the age of 21 is much lower in Ohio. Specifically, minors can be charged with OVI if their BAC is over 0.02%.

Implied Consent to Alcohol and Drug Testing

Ohio is what is known as an “implied consent” state. This means that when you apply for a driver’s license, you automatically give your consent to having your breath, urine, and blood tested for drugs and alcohol. However, bear in mind that this consent only applies during the time when you are being arrested.

This is important because your implied consent does not extend to situations where an officer has no reason to believe you are under the influence, such as at random vehicle checkpoints. This means that, in these situations, you can refuse to take the test without repercussions.

However, note that if an officer can establish a basis for arresting you, you would be required to take the test. To do so, he or she must have reasonable grounds for believing you are under the influence, which might be ascertained from your behavior or movements. In this case, your refusal to take the test could result in your license being suspended.

Keep in mind that if you are unconscious, law enforcement may administer a field sobriety test without your consent. Further, an officer has the option of obtaining a warrant to force you to take the test. Refusal to do so in this situation would be considered contempt of court, which could subject you to additional penalties beyond license suspension.