Ohio law uses a tiered system of penalties for impaired driving offenses. Certain OVI charges or aggravating factors call for stiffer penalties, including mandatory minimums in many cases.
Pleading guilty or giving a statement to police could trigger severe court-imposed penalties and unforeseen consequences. It is critical to seek experienced counsel without any further delay. Douglas A. Ball, Attorney at Law, has successfully defended clients against the most serious OVI/DUI charges. He will know what to do to fight the allegations or mitigate the sentence.
The term "high tier" or "high test" may refer to a specific blood alcohol level. In broader terms, low tier and high tier refer to graduated penalties for aggravating factors. You may face stiffer penalties or enhanced charges if your case involves:
High BAC — An alcohol breath test of .17 (or corresponding levels for a blood or urine test) increases the jail time, license suspension, and other penalties.
Prior OVI/DUI/DUS/Refusal — A second offense within six years invokes a higher tier of presumptive penalties, some of them mandatory. A third offense in six years carries up to a year of jail time and a fourth conviction is a felony, with the possibility of state prison.
Driving under suspension (DUS) — Driving on a suspended license is punishable by jail time and extension of the original suspension. A DUI on a suspended licensed triggers severe criminal consequences.
Child endangerment — Having a minor in the car (passenger under age 18) can be punished by jail time and fines, separate from the underlying OVI/DUI charge.
Injury or fatality — A drunk driving accident resulting in serious bodily injury or death may be prosecuted as a serious felony crime (vehicular assault/homicide).
Any combination of these aggravating factors can further escalate the penalties.
Douglas A. Ball will help you understand the possible consequences. He will explain your rights and explore all your defenses to get your case dismissed or to reduce the charges to a straight OVI/DUI or non-DUI offense. Drawing on more than 30 years of experience, he will make every effort to avoid the harshest penalties for a repeat OVI, felony OVI or high-tier offense.
Call our Batavia office today, or contact us online to set up your FREE initial consultation.