Also known as OVI or DUI


OPERATING A MOTOR VEHICLE UNDER THE INFLUENCE OF ALCOHOL

Getting charged with OVI or DUI in Ohio can be a frightening event. A DUI charge can affect your family, your finances, and your future. If you have been arrested for OVI or DUI in central Ohio, you will need a DUI attorney who knows the law and has the experience to navigate you through the Court system.

Gregory B. Mathews has been practicing in the area of DUI or OVI representation since 1988. As a former prosecutor for the City of Columbus, a special prosecutor for Columbus, and an experience criminal defense lawyer, he has successfully represented hundreds of people charged with DUI or OVI.

Anyone can make a mistake. The large majority of Attorney Mathews’ clients are respectable community members and professional. They value their families, their careers, and their good reputation. When speaking with Attorney Gregory B. Mathews regarding your case, you will not feel judged or viewed simply as a defendant in an impersonal and uncaring justice system. Rather, he will represent you and persevere on your behalf in order to provide you with the best defense and counsel in your difficult circumstance.

I provide Free Consultations to discuss your OVI DUI charges.

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Driving under the influence of alcohol in Ohio is sometimes referred as OVI, DUI, or OMVI. All of these charges are the same offense that are subject to the Ohio Revised Code Title 4511.

After you have been arrested in Ohio for OVI or DUI, you will have several Court appearances and BMV proceedings regarding your license. Not only is the OVI or DUI charge a misdemeanor in the first degree, which is punishable by up to six (6) months in jail, a DUI charge may lead to lengthily license suspensions, impoundment or immobilization of your vehicle, restricted license plates, and expensive fines. You and your attorney will need to make some decisions at your first hearings regarding the immediate administrative license suspensions. Depending on whether you have had previous offenses or refusals, you may have your license automatically suspended for 90 days up to 5 years.

Defending a DUI case in Ohio has become very complex. DUI or OVI charges involve technical, scientific, and circumstantial evidence. These cases require thorough investigation and research. Each case is different and requires individual attention. Gregory B. Mathews represents each one of his clients individually. He will work directly with you to understand exactly what is occurring with your case and educate you so that you can make informed decisions. You will be provided police reports and breathalyzer records, video tapes and copies of Court documents. Your calls will be returned and you will be treated professionally and courteously throughout the process.

ALERT!!! Ohio’s new OVI law under Senate Bill 17 is effective September 30, 2008. This new law increases the penalties and suspensions for OVI.

If you are facing a OVI or DUI charge, please contact us for a Free Consultation.

PENALTIES FOR OVI OR DUI IN OHIO
The information below reflects the penalties for an OVI or DUI charge. The penalties are becoming increasingly tough and are subject to change by the Ohio legislature.

1st OVI Offense in 6 years
  • Administrative license suspension (ALS) of 90 days.
  • ALS for test refusal is a minimum of 1 year driver’s license suspension.
  • Misdemeanor of the 1st Degree
  • The maximum sentence is 6 months in jail.
  • Minimum of 3 days in jail or a driver intervention program with mandatory probation.
  • Judge has discretion to sentence anywhere between maximum and minimum.
  • Court ordered license suspension from 6 months to 3 years.
  • A Judge may impose the use of yellow license plates.
  • Minimum of a $375 fine to a maximum fine of $1,075.
  • Counseling may be ordered by a Judge.
  • No driving privileges for the first 15 days.

1st OVI conviction in 6 years AND a high test (.17 or over) or any OVI refusal in 20 years

  • Administrative license suspension of 1 year.
  • Misdemeanor of the 1st Degree
  • The maximum sentence is 6 months in jail.
  • Minimum of 6 days in jail or 3 days in jail with 3 days in a driver intervention program.
  • Judge has discretion to sentence anywhere between the maximum and minimum.
  • Court ordered license suspension of 6 months to 3 years.
  • Mandatory use of yellow license plates.
  • No driving privileges for the first 15 days.
  • The minimum fine is $375 and the maximum fine is $1,075.
  • Counseling may be ordered.

2nd OVI conviction in 6 years (low test below .17)

  • Administrative license suspension of 1-2 year.
  • Administrative license suspension for test refusal for up to 2 years license suspension.
  • Misdemeanor of the 1st Degree
  • Maximum sentence of 6 months in jail.
  • Minimum 10 days in jail or 5 days in jail and 18 days of Electronically Monitored House Arrest and/or Continuous Alcohol Monitoring.
  • Judge has discretion to sentence anywhere between the maximum and the minimum.
  • Court ordered license suspension of 1 to 5 years.
  • Mandatory use of the yellow license plates.
  • Minimum fine of $525 and a maximum fine $1,625.
  • A Driver Intervention Program is optional; however, treatment is mandatory if Judge determines that you are alcohol dependent.
  • No driving privileges for the first 45 days.
  • Vehicle immobilized is mandatory for 90 days if the vehicle is registered to you.

2nd OVI conviction in 6 years AND high test (.17 or over) or any prior in 20 years and refusal

  • • Administrative license suspension of 1 year
  • Administrative license suspension for test refusal for up to 2 years license suspension.
  • Misdemeanor of the 1st Degree
  • Maximum sentence is 6 months in jail.
  • Minimum 20 days in jail or 10 days in jail with an additional 36 days of electronically monitored
  • House Arrest and continuous alcohol monitoring.
  • Judge has discretion to sentence anywhere between the maximum and the minimum.
  • Court ordered license suspension of 1 to 5 years.
  • Mandatory use of the yellow license plates.
  • Minimum fine of $350 with a maximum fine of $1,500.
  • A Driver Intervention Program is optional; however, treatment is mandatory if Judge determines that you are alcohol dependent.
  • No driving privileges are available for at least the first 45 days.
  • Vehicle immobilized is mandatory for 90 days if the vehicle is registered to you.

3rd OVI conviction in 6 years

  • Administrative license suspension of 2-3 years
  • Administrative license suspension for test refusal for up to 3 years license suspension.
  • Unclassified Misdemeanor
  • Maximum sentence of 1 year
  • Minimum sentence of 30 days, or 15 days jail and 55 days EMHA and/or CAM.
  • Judge has discretion to sentence anywhere between the maximum and the minimum.
  • Court Ordered License Suspension 2 to 10 years
  • Mandatory use of yellow license plates
  • Minimum fine of $850.00 to maximum fine of $2,750.00
  • Mandatory drug/alcohol addiction program
  • No driving privileges for 180 days and ignition devise required for 181 days to 365 days.

3rd OVI Conviction in 6 years and either: High test (.17 and over) or refusal with prior in 20 years

  • Administrative license suspension of 2-3 years
  • Administrative license suspension for test refusal for up to 3 years license suspension.
  • Unclassified Misdemeanor
  • Maximum sentence of 1 year
  • Minimum sentence of 60 days or 30 days jail and 110 days EMHA and/or CAM.
  • Judge has discretion to sentence anywhere between the maximum and the minimum.
  • Court Ordered License Suspension 2 to 10 years
  • Mandatory use of yellow license plates
  • Minimum fine of $850.00 to maximum fine of $2,750.00
  • Mandatory drug/alcohol addiction program
  • No driving privileges for 180 days and ignition devise required for 181 days to 365 days.
  • 4 or more OVI convictions
  • All penalties increase in severity with additional OVI
  • Administrative license suspension of 3 to 5 years.
  • 4th or 5th OVI in 6 years is Felony in the 4th Degree.
  • 6th OVI within 20 years is Felony in the 4th Degree.
  • 2nd Felony OVI becomes 3rd Degree Felony
  • Minimum fine of $800 to maximum fine of $10,000
  • Court ordered counseling
  • Court ordered License Suspension from 3 years to life.
  • Vehicle forfeiture if registered to Defendant
  • Mandatory use of yellow plates
  • And additional penalties…

4 or more OVI convictions

  • All penalties increase in severity with additional OVI
  • Administrative license suspension of 3 to 5 years.
  • 4th or 5th OVI in 6 years is Felony in the 4th Degree.
  • 6th OVI within 20 years is Felony in the 4th Degree.
  • 2nd Felony OVI becomes 3rd Degree Felony
  • Minimum fine of $1,350 to maximum fine of $10,500
  • Court ordered counseling
  • Court ordered License Suspension from 3 years to life.
  • Vehicle forfeiture if registered to Defendant
  • Mandatory use of yellow plates
  • And additional penalties…