Legal Question in DUI Law in Ohio

Re: ovi

Under Ohio law, any blood alcohol content (BAC) over 0.08% is deemed to be a violation of the law. IF the BAC is over 0.17%, it is considered a "high" test and subjects the defendant to enhanced punishment. A BAC of 0.152% is below the "high test" threshold, so you should be eligible for standard, first offender punishment.

For first offenders in Ohio, the judge MAY impose up to 180 days in jail, a fine of up to $1,000.00, and loss of social driving privileges for up to five years (as a condition of probation).

For first offenders in Ohio the judge MUST impose 3 days in jail or an alcohol education program, a $350.00 fine, and loss of social driving privileges for at least 90 days. Evn though you had a prior OVI in another state 15 years ago, for Ohio purposes you would qualify as a first offender.

Having said that, the Judge will likely know about your prior offense and could choose to impose a more severe sentence than the statutory minimum, even though you qualify for the statutory minimum sentence.

The best answer to your question is that we need more information. Which judge has your case? What is his or her history with these types of cases? Are there any aggravating or mitigating facts related to your case? All of these are important questions that a qualified attorney will explore before responding to your question.

Any time a person faces a risk of jail I recommend that they hire an attorney.

Good luck with you case. Let me know if I can help.

Sincerely,

Rich Cline