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THE INITIAL STOP
If you happen to get pulled over by law enforcement and you have been drinking (or otherwise under the influence of a drug), follow these simple steps:
1. Be Polite and 2. Refuse any and all field sobriety tests. The officer will tell you that your license is going to be suspended for 1 year if you refuse. What the officer is not going to tell you is that your license is going to be suspended whether or not you do his field sobriety tests.
The OVI/DUI laws are designed to gather information for a conviction before you show up in court. In Ohio driving with a BAC (blood alcohol content) of 0.08% or higher is illegal. If you are stopped by a police officer you can be arrested for OVI/DUI. First the officer will need to determine whether or not you are under the influence by performing one or more field sobriety tests. The tests can range from a walk and turn test to a more extensive test such as a blood, breath or urine test. Refusal to perform any of these tests when asked by the officer will most likely result in your immediate arrest and being booked into the county jail on OVI/DUI. An OVI/DUI charge and conviction can have dramatic affects on your future. An attorney experienced in defending people charged with operating/driving under the influence will be able to keep you out of jail.
Consequences of driving under the influence of alcohol and/or drugs:
1. FIRST OFFENSE: The court may sentence you to a minimum of 3 days in jail or a Driver Intervention Program ("DIP)" or up to 6 months in the county jail.
2. SECOND OFFENSE: The court may sentence you to a minimum of 10 days in jail or 5 days jail and 18 days House Arrest with Electronic Monitoring ("HAEM") and/or continuous alcohol monitoring ("CAM") or up to 6 months in the county jail.
3. THIRD OFFENSE: The court may sentence you to a minimum of 30 Days in jail or 15 days in jail and 55 days HAEM and/or CAM or up to 6 months in the county jail.
4. FOURTH OFFENSE: CAN BE CHARGED AS A FELONY AND CARRIES A POSSIBLE SENTENCE OF 18 MONTHS IN PRISON.
In addition to any penalties the Court may impose for driving under the influence conviction, the Bureau of Motor Vehicles will take administrative actions against an individuals driver's license. These actions can include restrictions, suspensions and revocations.
An OVI/DUI offense is considered to be a misdemeanor charge and can result in jail time. At Eddie Sipplen Attorney at Law, LLC we will fight for you and are determined to keep you out of jail. We will challenge any field sobriety tests administered and will use our education and knowledge of Ohio Laws to obtain the best possible outcome for you.
Administrative License Suspension (ALS)ordered suspension and once on an administrative suspension.
License Suspension After Your Case Ends - If you are convicted at the end of your OVI/DUI case, you may lose your driver's license. When your case is completed, and a conviction is returned or a guilty plea accepted, the court may terminate your driver's license/temporary license and court-order a suspension of your license.
Don't Handle This Yourself
OVI laws are designed to gather evidence to convict you before you go to court. The OVI laws can be complicated and if not handled properly can have detrimental impacts to your life. Attorney Eddie Sipplen has many years of litigating all types of drunk driving tests including driver's license suspensions and field sobriety test challenges. We all know how stressful an arrest can be. During this time of crisis, you need a lawyer who is experienced and knowledgeable in the law. Eddie Sipplen understands the justice system. Eddie Sipplen will aggressively work to defend your rights and freedom. In your time of crisis, you need a lawyer who is going to aggressively defend your rights. You need to call Attornery Eddie Sipplen at 330-374-5600 to schedule a free consultation.
EDDIE SIPPLEN ATTORNEY AT LAW, LLC