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OVI / DUI is a serious charge. Many of the penalties are mandatory, while others are optional. If you are charged with a OVI / DUI and have been convicted of a OVI / DUI previously, the penalties increase in severity with each conviction, and the length of the License Suspension also increases.
If you are over 21 years of age and your Blood Alcohol Content (BAC) and breath alcohol content (BrAC) is .08 or greater, you are considered to be “operating a vehicle impaired.” The .08 figure refers to the concentration of alcohol in your breath or in your blood.
If you are under 21, the legal limit is much lower: .02 for breath or blood, .03 for blood serum or plasma, and .028 for urine. This means that even the slightest amount of consumption of alcohol can place you over the legal limit.
The law presumes that, if you operate a vehicle and are found to be at or over the “legal limit,” you are guilty of OVI.
If you refuse to allow law enforcement to measure the amount of alcohol in your breath, blood or urine, you still may be convicted of OVI based on evidence of impairment such as poor driving performance, alcohol odor, slurred speech, red and glassy eyes, and staggering and poor performance on field sobriety tests. It is a criminal offense to refuse to submit to testing once you have been arrested for OVI.
If you have been arrested for OVI / DUI, we can help. Contact us today. 440-322-5522
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The Law Office of Jeffery S. Brown provides legal representation in DUI, OVI, traffic violations, criminal defense, felonies, misdemeanors, divorce, dissolution, child custody, visitation, parental rights, paternity, adoption, child support and probate to clients throughout the state of Ohio, including the cities of Amherst, Avon, Avon Lake, Cleveland, Elyria, Lorain, Medina, North Olmsted, North Ridgeville, Oberlin, Lakewood, Vermillion, Westlake, and the surrounding communities. Counties include: Cuyahoga County, Geauga County, Lake County, Lorain County, Summit County, and Medina County.