What is OVI Arrest?
A DUI arrest is a serious situation that can have severe consequences for an individual’s life. But what exactly is an OVI arrest? In this article, we will explore the meaning of OVI arrest, the legal definition, and the consequences of being arrested for operating a vehicle under the influence.
What is OVI?
OVI stands for Operating a Vehicle under the Influence. It is a criminal offense in many states, including Ohio, where the term "OVI" is used. In other states, the term "DUI" (Driving Under the Influence) is used. Regardless of the term used, the offense is the same: driving a vehicle while impaired by alcohol or drugs.
Legal Definition of OVI
In Ohio, the legal definition of OVI is as follows:
- Operating a motor vehicle: This means being in actual physical control of a motor vehicle.
- Under the influence of alcohol: This means being impaired to the slightest degree by alcohol.
- Under the influence of a drug: This means being impaired to the slightest degree by a drug of abuse, a controlled substance, or a combination of these substances.
How is an OVI Arrest Made?
An OVI arrest is typically made when a law enforcement officer stops a vehicle and determines that the driver is impaired. Here are the steps involved in an OVI arrest:
- Traffic stop: A law enforcement officer stops a vehicle for a traffic violation or for no apparent reason.
- Field sobriety tests: The officer may administer field sobriety tests to assess the driver’s level of impairment. These tests may include:
- Horizontal gaze nystagmus (HGN): A test to assess the driver’s eye movement.
- Walk-and-turn test: A test to assess the driver’s balance and coordination.
- One-leg stand test: A test to assess the driver’s balance and coordination.
- Breath test: The officer may request the driver to submit to a breath test to determine the level of alcohol in their system.
- Arrest: If the officer determines that the driver is impaired, they may arrest the driver and take them into custody.
Consequences of an OVI Arrest
An OVI arrest can have severe consequences, including:
- Criminal charges: The driver may be charged with a criminal offense, which can result in fines, imprisonment, or both.
- Administrative license suspension: The driver’s license may be suspended or revoked by the state’s Bureau of Motor Vehicles (BMV).
- Insurance increases: The driver’s insurance premiums may increase significantly.
- Job loss: In some cases, an OVI arrest can result in job loss or suspension.
Penalties for OVI
The penalties for OVI vary depending on the state and the driver’s prior record. Here are the penalties for OVI in Ohio:
| Offense | Penalty |
|---|---|
| First offense | 3-6 months in jail, $250-$1,000 fine, 3-day suspension of license |
| Second offense | 10-30 days in jail, $350-$1,500 fine, 1-year suspension of license |
| Third offense | 30 days to 1 year in jail, $600-$2,500 fine, 2-year suspension of license |
| Fourth or subsequent offense | 60 days to 3 years in jail, $1,000-$10,000 fine, 3-year suspension of license |
Defense Strategies for OVI Arrests
If you are arrested for OVI, it is essential to work with a qualified attorney to defend your case. Here are some common defense strategies:
- Challenging the stop: An attorney may challenge the lawfulness of the traffic stop that led to the OVI arrest.
- Challenging the tests: An attorney may challenge the results of the field sobriety tests, arguing that they were administered improperly or that the tests are unreliable.
- Challenging the breath test: An attorney may challenge the results of the breath test, arguing that the test was administered improperly or that the machine was not properly calibrated.
- Mitigating circumstances: An attorney may argue that the driver’s level of impairment was mitigated by factors such as the time of day, the amount of time since the last drink, or the presence of medication.
Conclusion
An OVI arrest is a serious situation that can have severe consequences for an individual’s life. Understanding the legal definition of OVI, the steps involved in an OVI arrest, and the consequences of an OVI arrest is essential for anyone who operates a vehicle. If you are arrested for OVI, it is crucial to work with a qualified attorney to defend your case and minimize the penalties.
