OVI Defense Attorneys in Cleveland
Drunk driving carries harsh and lasting penalties. A conviction for OVI in Ohio reaches into every part of your life – your finances, your license, your employment, your reputation in the community and perhaps your freedom. Underage drivers, commercial drivers or drivers with prior convictions face even tougher consequences.
Goldberg Dowell & Associates fights drunk driving cases. We are prepared to go to trial to challenge the grounds for your arrest. We work to preserve your driving privileges. We make every effort to prevent a conviction or mitigate the long-term impact of a OVI arrest.
For a free initial consultation, call our Cleveland criminal defense lawyers at 216-592-8719 or contact us online.
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Ohio OVI Lawyers
In 37 years of criminal defense practice, trial lawyer Michael J. Goldberg has handled countless cases of operating a vehicle while impaired (OVI). In other states this might also be called a DUI, or driving under the influence, or DWI, driving while intoxicated. He and his legal team provide the proven representation you need, regardless of your circumstances:
- Even a first arrest for drunk driving can be punished by a few days in jail, license suspension, fines and other penalties, plus the criminal record and a steep increase in car insurance rates.
- A second or third offense carries enhanced penalties. In addition to longer jail time and loss of license, you may be forced to put yellow OVI license plates on your car and install an ignition interlock.
- Under-21 drivers and truck drivers (CDL license holders) can be charged at a lower rate of intoxication and face very serious driver’s license sanctions. A second OVI conviction will essentially end a commercial driving career.
- A fourth OVI is a felony crime punishable by serious prison time.
Aggressive DUI Defense in Northeast Ohio
Attorney Michael Goldberg knows how to analyze the prosecution’s case to challenge the evidence and cross-examine the arresting officer. He explores all defense angles: probable cause for the traffic stop, validity of field sobriety tests, the calibration and maintenance of the Breathalyzer and the officer’s conduct throughout the process.
Through motions, hearings and trial, we will force the state to prove its case. By exploiting the flaws, Michael Goldberg has obtained acquittals, dismissal of charges, reduction of charges, deferred convictions and other favorable outcomes for his clients.
The potential penalties for driving under the influence depend on low test (.08 or more) versus high test (0.17 or more), prior convictions, age and aggravating factors.
Penalties for Misdemeanor OVI Offenses in Ohio
| 1st in 6 Years Low Test | 1st in 6 Years Refusal* or High Test | 2nd in 6 Years Low Test | 2nd in 6 Years Refusal* or High Test | 3rd in 6 Years Low Test |
3rd in 6 Years Refusal* or High Test |
|
| Degree of Offense | M-1 | M-1 | M-1 | M-1 | Unclassified Misdemeanor | Unclassified Misdemeanor |
| Jail Time | 3 days jail; or DIP. Up to 6 months | 6 days jail; or 3 days jail and DIP. Up to 6 months | 10 days jail up to 6 months | 20 days jail up to 6 months | 30 days jail up to 1 year | 60 days jail up to 1 year |
| Fines | $375 – $1,075 | $375 – $1,075 | $525 – $1,625 | $525 – $1,625 | $850 – $2,750 | $850 – $2,750 |
| Treatment | Optional | Optional | Assessment and treatment mandatory | Assessment and treatment mandatory |
Addiction program mandatory | Addiction program mandatory |
| License Suspension | Class 5 (6 mos to 3 yrs) |
Class 5 (6 mos to 3 yrs) |
Class 4 (1 to 5 years) |
Class 4 (1 to 5 years) |
Class 3 (2 to 10 years) |
Class 3 (2 to 10 years) |
| Driving Privileges | After 15 days | After 15 days | After 45 days | After 45 days | After 180 days | After 180 days |
| Restricted Plates | Optional | Plates required for High Test | Required | Required | Required | Required |
| Interlock | Optional | Optional | Required if alcohol related offense, otherwise optional | Required if alcohol related offense, otherwise optional | Required if alcohol related offense, otherwise optional | Required if alcohol related offense, otherwise optional |
| Immobilization or Forfeiture | No | No | 90 days immobilization if registered to Defendant | 90 days immobilization if registered to Defendant | Forfeiture required if registered to Defendant | Forfeiture required if registered to Defendant |
* With prior offense within 20 years
Penalties for Felony OVI Offenses in Ohio
| 4th/5th in 6 Years or 6th in 20 Years Low Test |
4th/5th in 6 Years or 6th in 20 Years Refusal*/High Test |
2nd Felony OVI in Lifetime Low Test |
2nd Felony OVI in Lifetime Refusal*/High Test |
1st/2nd Felony OVI in Lifetime RC 2941.1413 Spec |
|
| Degree of Offense | F-4 | F-4 | F-3 | F-3 | F-4 (1st) / F-3 (2nd) |
| Incarceration | 60 days jail up to 1 year; or 60 days in prison with potential for additional 6 to 30 months |
120 days jail up to 1 year; or 120 days in prison with potential for additional 6 to 30 months |
60 days prison up to 5 years | 120 days prison up to 5 years | 60 days prison up to 5 years with an additional 1 to 5 years to run consecutive to underlying sentence |
| Fines | $1,350 – $10,500 | $1,350 – $10,500 | $1,350 – $10,500 | $1,350 – $10,500 | $1,350 – $10,500 |
| Treatment | Addiction program mandatory | Addiction program mandatory | Addiction program mandatory | Addiction program mandatory | Addiction program mandatory |
| License Suspension | Class 2 (3 yrs to life) |
Class 2 (3 yrs to life) |
Class 2 (3 yrs to life) |
Class 2 (3 yrs to life) |
Class 2 (3 yrs to life) |
| Driving Privileges | After 3 years | After 3 years | After 3 years | After 3 years | After 3 years |
| Restricted Plates | Required | Required | Required | Required | Required |
| Interlock | Required if alcohol related offense, otherwise optional | Required if alcohol related offense, otherwise optional | Required if alcohol related offense, otherwise optional | Required if alcohol related offense, otherwise optional | Required if alcohol related offense, otherwise optional |
| Forfeiture | Forfeiture required if registered to Defendant |
Forfeiture required if registered to Defendant |
Forfeiture required if registered to Defendant | Forfeiture required if registered to Defendant |
Forfeiture required if registered to Defendant |
* With prior within 20 years
Administrative License Suspension: Protecting Your Driving Privileges
The first thing that happens when you are arrested on suspicions of drunk driving is that your Ohio driver’s license is suspended. This suspension is effective immediately and independent of the outcome of criminal charges of OVI. You can be subject to administrative license suspension (ALS) after failing or refusing a chemical test.
The length of suspension and eligibility for limited driving privileges depend on prior offenses within the past six years.
ALS Suspension for a Failed Chemical Test
| 1st Offense | 2nd Offense | 3rd Offense | 4th or More | |
| Suspension | Class E (90 days) |
Class C (1 year) |
Class B (2 years) |
Class A (3 years) |
| Driving Privileges | After 15 days | After 30 days | After 180 days | After 3 years |
| Restricted Plates | Optional | Optional | Optional | Required if alcohol-related, optional for drug-related |
| Interlock Device | Optional | Optional | Optional | Required if alcohol-related, optional if drug -related |
ALS Suspension for Refusal of a Chemical Test
| 1st Offense | 2nd Offense | 3rd Offense | 4th or More | |
| Suspension | Class C (1 year) |
Class B (2 years) |
Class A (3 years) |
5 Years |
| Driving Privileges | After 30 days | After 90 days | After 1 year | After 3 years |
| Restricted Plates | Optional | Optional | Optional | Optional |
| Interlock Device | Optional | Optional | Optional | Optional |
Our attorneys are knowledgeable about legitimate grounds for appealing license suspension such as lack of reasonable grounds for the traffic stop or failure to advise you of the consequences of refusing or submitting to the chemical test. You must appeal to the trial court within 30 days of your arrest to contest your ALS suspension. Don’t delay in contacting an attorney.
Get The OVI Defense You Deserve
We get results because we are prepared to go all the way for our clients. There is no substitute for our team’s over 55 years of legal knowledge and insights into the local court systems in northeast Ohio. There is no substitute for a true trial attorney who can keep the prosecution honest and is not afraid to take your drunk driving case to a jury.
Our Cleveland OVI defense lawyers offer a free consultation for any criminal charge. Call Goldberg Dowell & Associates at 216-592-8719 or contact us online.
| Accused of a Serious Traffic Violation? In addition to OVI, other traffic offenses can trigger jail time or license suspension. Before you plead guilty, talk to the defense attorneys of Goldberg Dowell & Associates to understand the potential consequences and your options. We will fight for you to avoid conviction or minimize the penalties for:
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