DUI and OVI Frequently Asked Questions
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OVI/DUI Frequently Asked Questions:
- Is there a difference between DUI, DWI, and OVI?
- When can I be charged with DUI?
- Can I be charged with DUI for marijuana?
- What are the penalties for an DUI conviction?
- What can I expect if I am stopped for suspicion of DUI?
- What happens if I refuse to submit to a chemical test?
- Can I get driving privileges while my case is pending?
Q: Is there a difference between "DUI," "DWI," and "OVI?"
A: DUI, DWI, and OVI, all refer to driving while under the influence of alcohol or drugs.The reason there are varying terms is simply because different states use the different terms even though they all refer to the same or similar offense. DUI stands for driving under the influence, DWI is driving while intoxicated, and OVI means Operating a vehicle under the influence. OVI is the named offense in Ohio.
Q: When can I be charged with DUI / OVI?
A: Under Ohio law, a person can be charged with DUI / OVI when their blood alcohol content (BAC) is above .08, they have a prohibited level of drugs in their blood or urine, or if they simply look "impaired" to the police officer that has initiated the traffic stop. A more complete definition of DUI / OVI is operating a vehicle under the influence of alcohol or drugs of abuse.
Q: Can I be charged with DUI for marijuana?
A: YES. Recently the arrest rate has increased for DUI after smoking and driving. If you have been charged with an DUI involving marijuana, contact Pieri Law Office, LLC as soon as possible.
Q: What are the penalties for an OVI conviction?
A: The severity of penalties for an OVI conviction vary depending on a number of factors, however the mandatory minimum penalties are as follows:
- a six-month driver's license suspension
- $375 fine plus court costs
- three days in jail or three days in a certified driver intervention program
- six points on your traffic record
Q: What can I expect if I am stopped for suspicion of DUI?
A: Usually OVI investigations and arrests happen in much the same way. First, a person is stopped for a traffic offense. During the officer's initial contact with that person, the officer observes some clue or indication that the person might be driving under the influence. When the officer believes the driver is under the influence they will ask the driver to exit the vehicle and administer field sobriety tests, and depending on the circumstance, ask the driver to submit to a chemical test.
Q: What happens if I refuse to submit to a chemical test?
A: A chemical test can potentially be a test of blood, breath, or urine. An officer may also ask you to submit to more than one type of test. If you refuse to submit to a chemical test your license will automatically be suspended pursuant to Ohio law. DUI laws are extremely complex and with the right attorney you may be able to get your license back. You should contact Pieri Law Office, LLC as soon as possible if you have been charged with DUI.
Q: Can I get driving privileges while my case is pending?
A: Many people are eligible for limited driving privileges while their case is going through the court process. An experienced attorney can help keep you driving and ease the burden of having a suspended license. Contact Pieri Law Office, LLC to help get you back on the road today.