Youngstown OVI Attorney
Your Trusted Partner for OVI Defense in Mahoning County and Across Ohio
Being pulled over and arrested for impaired driving is a humiliating experience that can have repercussions lasting for months or years. You could face hefty fines, lengthy probation, a license suspension, and potential jail time. Losing your license is a hardship that can affect your ability to get to work, school, and other necessary places. Furthermore, a conviction will leave you with a permanent criminal record that can negatively affect future prospects.
Most people mistakenly believe that an OVI charge will result in an automatic conviction based on breathalyzer or blood test results. This is not true. Like any other criminal charge, defenses can be mounted to weaken the prosecution’s case. However, you will need a savvy OVI lawyer who understands the mechanics of OVI arrests and charges and can investigate the relevant factors in your case to determine their credibility.
Why You Need a Strong OVI Defense Lawyer in Youngstown, OH
At Law Office of Damian A. Billak, you can partner with a respected trial lawyer who focuses exclusively on criminal defense and thoroughly understands OVI law, proceedings, and how the state works to convict you. Our OVI lawyer, Attorney Billak, can use his prior stint in the Youngstown, OH Prosecutor’s Office and his decades as a defense lawyer to craft strategic countermoves against the prosecution’s case.
Attorney Billak is neither afraid to challenge the authorities, prosecutors, or their charges nor to take them to court. Whether you face a first OVI, repeat OVI, or aggravated OVI, we have the knowledge, experience, and skills to handle it capably. A strong defense requires experience, commitment, and professional skills.
Contact our Youngstown OVI defense attorney for a free consultation at Law Office of Damian A. Billak by phone at (330) 862-8582 or by email on our online contact form.
What Constitutes an OVI in Youngstown, OH?
Ohio law defines OVI as operating a vehicle while impaired by alcohol, drugs, or a combination of both. The legal limits for impairment include:
- Blood Alcohol Concentration (BAC) of 0.08% or higher (for drivers 21 and older)
- BAC of 0.04% or higher (for commercial drivers)
- BAC of 0.02% or higher (for drivers under 21)
- Operating a vehicle under the influence of controlled substances
Law enforcement officers use chemical tests, including breath, blood, and urine tests, to determine impairment. Refusing these tests can lead to administrative license suspension (ALS) and additional legal consequences.
What is the Difference Between OVI vs. DUI Charges in Ohio?
In Ohio, the terms OVI (Operating a Vehicle Impaired) and DUI (Driving Under the Influence) are often used interchangeably. However, OVI is the official terminology in the state's legal statutes.
OVI charges occur when a driver is impaired due to alcohol, drugs, or a combination of both. It also includes having a blood alcohol concentration (BAC) of 0.08% or higher or specific concentrations of controlled substances in the blood, urine, or breath. This distinction is essential as it means that impairment is not limited just to alcohol consumption.
You may be arrested for OVI if law enforcement observes driving behavior that suggests impairment, such as swerving, erratic lane changes, or failing to obey traffic signals. Additionally, being pulled over for a minor traffic violation can lead to an OVI arrest if the officer detects an odor of alcohol or sees other signs of impairment.
Guided by Compassion, Committed to Justice
Our Promise to You
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Confidential and Compassionate CounselWe understand that facing criminal charges can be overwhelming. Our firm offers confidential and compassionate legal counsel, providing the support you need while aggressively defending your rights.
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Expert Advocacy in Complex CasesOur firm specializes in defending clients facing serious criminal charges. With years of experience and a deep understanding of the law, we provide expert advocacy to ensure your rights are protected every step of the way.
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Strategic Defense for Your FutureWe approach each case with a tailored strategy, focusing on minimizing the impact on your life. Our priority is to safeguard your future by pursuing every possible avenue for a favorable outcome.
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Relentless Representation in CourtOur team is dedicated to standing by your side in court, fiercely defending your case with unwavering commitment. We fight for justice, ensuring that you receive a fair trial and the best possible defense.
What are the OVI Penalties in Youngstown, OH?
The penalties in an Ohio OVI case will depend on whether your charge is for a low-level or high-level BAC, whether you refused to submit to chemical testing, and your past OVI convictions, if any.
A "low-level" OVI charge typically refers to cases where the blood alcohol concentration (BAC) is between 0.08% and 0.169%. A "high-level" OVI, or a "high-tier" OVI, involves a BAC of 0.17% or higher. High-level OVIs, also known as aggravated or “super” OVI charges, carry more severe penalties compared to low-level OVIs.
OVI penalties can include the following:
- First OVI: Typically results in a three-day to six-month jail sentence, a fine between $375 and $1,075, and a six-month to three-year driver's license suspension.
- Second OVI: Involves a minimum of 10 days in jail (up to six months), fines ranging from $525 to $1,625, and a one- to five-year license suspension.
- Third OVI: Carries a minimum of 30 days in jail (up to one year), fines between $850 and $2,750, and a two- to 10-year license suspension.
- Subsequent offenses: A fourth or subsequent OVI in 10 years is generally charged as a felony, leading to increasingly harsher penalties.
You will also likely face:
- Five years of probation
- Six demerit points added to your driving record
- Increased auto insurance premiums
- A license reinstatement fee
- A potential court order for alcohol/drug treatment
- Mandatory installation of an ignition interlock device in your vehicle.
Aggravating Factors in OVI
Certain aggravating factors can escalate OVI charges, increasing the severity of penalties. In addition to having a high blood alcohol concentration (BAC) of .17 or greater, other aggravating factors can include causing an accident while impaired or having a minor in the vehicle during the offense. These circumstances can lead to mandatory minimum sentences and higher fines.
What Potential OVI Defenses a Skilled OVI Lawyer in Youngstown Can Employ?
Defending against an OVI charge in Ohio requires a strategic approach that examines various aspects of the case with the guidance of a knowledgeable OVI attorney in Youngstown.
Common defenses may include:
- Challenging the Traffic Stop – Evidence obtained may be inadmissible in court if the initial traffic stop was not lawful. Officers must have probable cause or reasonable suspicion to pull a vehicle over; thus, questioning the validity of the stop can be a crucial defense strategy.
- Contesting Breathalyzer Results – Breathalyzer tests are often a cornerstone of OVI cases. However, these devices can produce inaccurate results due to improper calibration, maintenance, or operator error. Demonstrating that the equipment was faulty or the test was administered incorrectly can significantly weaken the prosecution's case.
- Inaccurate Field Sobriety Tests – Field sobriety tests can be subjective and vary in their reliability. Challenging the administration of these tests and questioning the officer's observations can highlight potential inaccuracies, especially if the individual has medical conditions or impairment factors unrelated to alcohol or drugs.
- Lack of Impairment Evidence – Proving that the defendant was not impaired at the time of driving is a powerful defense. Witness statements, video footage, or factual evidence regarding the individual's behavior and condition leading up to the stop can support this.
- Medical Conditions & Medications – Certain medical conditions or prescribed medications can cause symptoms similar to impairment. If the defendant's behavior can be attributed to a legitimate medical condition or reaction to lawful medicines, this may serve as a viable defense.
- Insufficient Evidence – The prosecution has the burden of proving the defendant's guilt beyond a reasonable doubt. If inconsistencies, gaps, or lack of evidence exist regarding impairment at the time of driving, a strong defense can be mounted with the help of your OVI lawyer Youngstown.
At Law Office of Damian A. Billak, we are committed to thoroughly analyzing every detail of your OVI charge and employing all available defenses to secure your best possible outcome.
Don’t Leave Your OVI Charges to Chance - Contact Us Now
Our success over the last 25+ years has allowed us to limit our caseload and provide personalized client service and a highly proactive approach to every case. In many instances, Attorney Billak can devote more time and attention than the prosecution to the factual details that can make or break your case.
Our lawyer’s ability to investigate accident scenes and driver behavior with outstanding forensic support in drunk or drugged driving cases can be highly advantageous. We focus on the details and thorough preparation. We also emphasize close interaction with our clients so you can feel confident about our advice when deciding between a plea offer and a trial defense.
The worst mistake you can make is hoping your case will resolve itself. You must take proactive measures. At this critical point, you can get the answers you need by contacting us.
Contact us at (330) 862-8582 or online to consult our Youngstown OVI defense attorney about your case.