DUI
Slive & Slive Co., L.P.A. represents individuals in various municipal Courts throughout the Northeast Ohio area for DUI and drug-related offenses. Ohio law has changed in certain respects and there are now two types of offenses for DUI: "OVI," which is operating a vehicle under the influence of alcohol or drugs and "BAC," which is operating a vehicle over the legal blood alcohol content limit. Many of our clients, and usually first-time offenders, have their charge reduced to reckless operation, particularly if there is no motor vehicle collision involved and no one was injured as a result of the situation. Many Courts require that individuals spend three days in jail or pay for a driving intervention course for three days and two nights.
If an acceptable plea bargain cannot be reached, then the State has to prove "that the Defendant consumed some alcohol or drug of abuse, whether mild or potent, in such a quantity, whether small or great, that it adversely affected and appreciably impaired the Defendant's actions, reactions or mental process under the circumstances then existing and deprived him of the clearness of intellect and control of himself which he would otherwise have possessed" for an individual to be convicted of OVI.
Due to the Ohio Law, even if you are found not guilty of driving "under the influence (OVI)", you may still be guilty of an alcohol-related crime if you are "over the legal limit" which is "BAC."
In Ohio, the legal limit for a person 21 years of age or over is .08 percent (by weight) for blood, or over .08 (of 1 gram) for 200 liters for breath, or .14 (of 1 gram) per 100 milliliters of urine.
In Ohio, for persons under 21 years of age, the requirement is even less, which is .02 percent (by weight) for blood.
In most cases, clients are charged for driving under the influence and for operating a vehicle over the legal limit. Under Ohio law, if you are convicted for both offenses, you can only be sentenced for one offense.
The Ohio courts have also said that, if an individual is sitting or sleeping in his car with the keys in the ignition, he is operating the motor vehicle. An individual can be charged with these crimes even if he is not driving the motor vehicle.
Slive & Slive Co., L.P.A. will help you assess the seriousness of your charge, what type of plea bargain should be considered, and the potential punishment/fine and license suspension. Generally, if a client has a license suspension, the client will be given occupational driving privileges which may include work, school and medical providers.
