Cleveland and Akron DUI/OVI Lawyer

Driving while intoxicated is perhaps the most common charge that Ohio residents may face. Under Ohio law, this crime is technically called operating a vehicle while intoxicated, or OVI. If you were recently charged with an OVI, you may be uncertain about what you should do or not do to protect your rights. At the Law Firm of A. Dale Naticchia, we handle not only first-time DUI charges but also repeat DUI cases and special contexts such as underage drivers and commercial operators. Our Cleveland DUI lawyer can represent you in all aspects of your matter, including communicating with law enforcement and the courts as well as investigating the results of any tests. There are many procedural and evidentiary rules that are crucial to understand in determining a strategic way to fight the charges. Contact us today to start learning about how we can help you protect your rights.

If you are arrested for operating a vehicle while intoxicated, you may feel that the situation is hopeless and that you have few options. A charge for operating a vehicle while intoxicated, or OVI, can have devastating consequences for your personal and professional life. Cleveland OVI defense lawyer A. Dale Naticchia proudly assists Ohio residents with understanding DUI/OVI laws and their legal options following an arrest for operating a vehicle under the influence. There may be certain defenses that apply in your situation or other procedural mechanisms that can be used to have the case dismissed or the charges reduced.

The way that intoxication is determined is by the amount of alcohol in your blood at the time that you are detained or arrested. If your blood alcohol level is in excess of .08, you are considered intoxicated. There are many ways that law enforcement can go about determining your intoxication level, including a breathalyzer test. Field sobriety tests, in which the police examine your motor skills and response time, are also routine. Although you can refuse to submit to a breathalyzer test, there may be some consequences that result. The officer is not legally required to tell you what the penalties are, so it is good to make yourself aware. If you refuse to submit to a breathalyzer test or field sobriety test, you face a one-year suspension of your license. If this is your second drunk driving incident within 10 years and you refused to submit to a breathalyzer test during the first incident, the suspension is increased to two years.

In addition to the criminal charges you can face as part of the DUI / OVI case process, the Ohio Bureau of Motor Vehicles (BMV) has the authority to suspend your license. There are a few key differences between the criminal proceeding and the administrative proceeding in an Ohio drunk driving case, which a skilled DUI / OVI attorney serving Cleveland residents can help you navigate. Even if your criminal court case is resolved, there are still steps you need to take at the BMV in order to have your driving privileges reinstated, such as paying fines. Also, you will have points assessed to your driving record, which may impact your auto insurance rates. If you accumulate a certain number of points, you may face additional penalties and lose your driving privileges for an additional period of time.

Under Ohio law, the offense of operating a vehicle while intoxicated, or OVI, is treated very seriously even if it is an individual’s first offense. In Ohio it is illegal to operate a vehicle with a blood alcohol content (BAC) of 0.08 or higher. For commercial operators, the limit is 0.04 percent, and for people under 21, it is 0.02 percent. The penalties associated with the offense vary depending on whether this is your first OVI charge or a repeat charge. For example, your first offense carries a potential jail sentence of three to six months and fines between $375 and $1,075. The amount of jail time and fines increases with each subsequent offense, as well as the amount of time that your license may be suspended. For anything beyond a first offense, you will probably be required to install an interlock ignition device, which requires the driver to provide a breath sample before the vehicle will start. There is also the possibility that the court could order you to wear a continuous alcohol monitor (SCRAM) even before you have been convicted.

There are often defenses that a Cleveland DUI attorney can potentially raise on behalf of an individual charged with driving under the influence. Have the individual’s constitutional rights been violated? Especially the individual’s Fourth Amendment rights to be free from unreasonable searches and seizures? There are two main aspects to these Fourth Amendment rights. First, did the police officer have reasonable suspicion to stop the individual’s vehicle and second, was there probable cause for the arrest. If so, you can file a motion to suppress the use of this evidence in court. Frequently there are issues with the evidence, such as an officer conducting an unlawful search or using an unlawfully obtained statement. There may be defenses that the equipment used to conduct a breathalyzer test was not properly maintained or that the operator did not have the proper certification.

Finding and asserting these weaknesses and defenses often creates the option of pleading to a lesser offense called a wet reckless, which is a case involving intoxicated driving that is reduced as reckless driving or similar less serious traffic offense. An OVI lawyer in the Cleveland area can help a driver try to reduce their charge.

Whether you are facing your first experience with the criminal justice system, or you are seeking to protect your rights in an ongoing investigation, the legal professionals at the Law Office of A. Dale Naticchia can help you understand your rights at every step of the process and assist you with navigating this stressful situation. We represent people throughout Cuyahoga County, including those in Cleveland, Akron, Parma, Bedford, Berea, Rocky River, Garfield Heights, Stow, and Barberton. We offer a free consultation to help you find out how we can assist you. Call us now at 216-520-5297 or contact us online.