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. With representation, many of our clients, and usually first-time offenders, will 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 convicted of a driving under the influence offense spend three days in jail or pay for and attend a driving intervention course for three days and two nights.
If an acceptable plea bargain cannot be reached, then the State nust 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 of alcohol 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 legal limit is even less; it, is .02 percent (by weight) for blood.
In most cases, clients are charged for both driving under the influence (OVI) and for operating a vehicle over the legal limit (BAC). 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 a legally intoxicated individual is sitting or sleeping in a car with the keys in the ignition, he or she is considered to be operating the motor vehicle. Thus an individual can be charged with OVI and/or BAC even if he or she is not driving the motor vehicle.
Slive & Slive Co., L.P.A. will help you assess the seriousness of your charge, whether contesting the charge is appropriate, 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.
Contact Us
At the Cleveland offices of Slive & Slive we have handled many DUI/OVI cases and are familiar with all of the Municipal Courts in the area. Your understanding of your case within the legal system is a priority, and your satisfaction is our goal. Your phone calls will be returned promptly and your needs addressed timely. In addition to our weekly office hours, we offer Saturday morning appointments and accept all major credit cards. Please contact us today for a free initial consultation.
