i had a family member that was pulled over from going the worng way on a one way street, can you get two counts of ovi for the same booking? the courts are telling him one for the driving and one for the breathalyzer test.
Asked on 5/21/12, 8:33 am
1 Answer from Attorneys
Eric Willison
Eric Eastman Willison
In Ohio, if you took the test and blew over the legal limit, you will be charged with OVI per se (blowing over the legal limit after driving whether or not the alcohol in your system affected your driving) and with OVI impaired (driving with some alcohol in your system, regardless of how much or how little, so long as it appreciably impaired your ability to drive).
That's the bad news. The good news is that even though they can convict you of both, they can only sentence you on one of the two offenses.
Answered on 5/21/12, 11:43 am
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