Akron OVI Defense Attorney
Have You Been Charged with OVI in Ohio? Call Attorney Zushin For Defense
Operating a vehicle impaired is a serious misdemeanor offense in Ohio. If you are convicted of OVI, you could face severe penalties such as license suspension, fines, and jail time. If you are facing a first-time OVI charge, you may be eligible for a restricted license. However, if you are facing a second or subsequent OVI charge, you may not be eligible for a restricted license, and you may face harsher penalties.
At The Law Office of Benjamin W. Zushin, our Akron OVI attorney has the experience and knowledge necessary to help you fight your OVI charges. Attorney Zushin has helped numerous clients successfully defend against OVI charges. He understands the serious nature of these charges and the impact they can have on your life.
We know that you may be confused and concerned about your future after being charged with OVI. We also know that you may not know what to do after being arrested and need immediate assistance. Attorney Zushin is here to help you and can provide you with the legal guidance and representation you need.
Charged with an OVI? Contact our Akron OVI attorney today at (330) 886-4672 for a free initial consultation.
Understanding OVI Laws in Ohio
In Ohio, the term OVI (Operating a Vehicle Impaired) is the broad legal designation for what many call a DUI or DWI. Ohio Revised Code § 4511.19 makes it illegal to operate any vehicle—including cars, motorcycles, and even bicycles—if you are under the influence of alcohol, a drug of abuse, or a combination of both.
The law distinguishes between different tiers of offenses based on your chemical test results:
- Low-Tier OVI: A breath alcohol concentration (BAC) of 0.08% or higher, but less than 0.17%.
- High-Tier OVI: A BAC of 0.17% or higher. These "high-test" cases carry significantly harsher mandatory minimum penalties, including increased jail time and specialized "yellow" license plates.
- Refusal: If you refuse to submit to a chemical test after being properly advised, you face an immediate Administrative License Suspension (ALS) and may face enhanced criminal penalties if you have a prior OVI conviction within the last 20 years.
- Underage OVI (OVUAC): For drivers under 21, the legal limit is strictly set at 0.02%.
Penalties of an OVI Conviction and the Administrative License Suspension (ALS)
The penalties for an OVI will depend on whether it is a first, second, or subsequent OVI offense. A first offense OVI is a misdemeanor offense, while a second or subsequent offense is a misdemeanor of the second degree.
The penalties for a first OVI offense include:
- A $375 fine
- A driver's license suspension of 6 months
- An alcohol and drug awareness program
- A jail sentence of 10 days to 6 months
- A possible vehicle immobilization for 10 days
The penalties for a second or subsequent OVI offense include:
- A $525 fine
- A driver's license suspension of 1 year
- An alcohol and drug awareness program
- A jail sentence of 30 days to 1 year
- A possible vehicle immobilization for 30 days
The Administrative License Suspension (ALS)
The moment you fail or refuse a chemical test, your license is typically seized and suspended immediately. For a first offense, a "test over" results in a 90-day suspension, while a "refusal" triggers a one-year suspension. You only have a limited window to appeal this suspension at your initial appearance or within 30 days. We act quickly to petition for limited driving privileges so you can continue to work and attend school.
If you are facing an OVI charge, it is important to contact an attorney as soon as possible. The sooner an OVI attorney is involved, the sooner they can begin to build a strong defense on your behalf. Attorney Zushin has the skills and experience necessary to help you fight your OVI charges. He will work hard to help you avoid the potential penalties and consequences you may be facing.
What To Expect in Your Akron OVI Case
After an OVI arrest in Akron or other parts of Summit County, you will usually have both a criminal case and an administrative license suspension to deal with, and each follows its own timeline. You can expect an initial appearance or arraignment in a local court such as Akron Municipal Court, where you will enter a plea and begin addressing bond, driving privileges, and other immediate concerns. From there, your case may move into a series of pretrial conferences where evidence is exchanged, motions can be filed, and negotiations with the prosecutor take place.
Throughout this process, we work to explain how the evidence in your case may affect potential outcomes so that you can make informed decisions at every stage. We can discuss whether to challenge the stop, field sobriety testing, or chemical testing, and whether it makes sense to file motions or focus on negotiating a reduction with the prosecutor. For many people, understanding how an OVI lawyer Akron defendants trust approaches strategy provides peace of mind and a clearer sense of what comes next.
In addition to the court proceedings, you may need guidance on issues like limited driving privileges, treatment recommendations, or steps you can take to show the court you are addressing any underlying concerns. We can help you prepare for each hearing, understand what the judge may consider important under Ohio law, and organize documents or witnesses that support your position. By planning ahead and staying proactive, you put yourself in a stronger position to move through the process and work toward the most favorable resolution available in your circumstances.
How Can an Attorney Help with an OVI in Akron
An OVI attorney can help you by providing legal guidance and representation throughout the legal process. If you are facing an OVI charge, you may be confused and unclear about what to do next. You may not know what to expect during the legal process and may not know what options are available to you. Our Akron OVI attorney can provide you with the legal guidance and representation you need during this difficult time.
Our Akron OVI attorney can defend you against your OVI charges. He can help you by challenging the evidence against you and exploring all possible defenses. He may be able to challenge the evidence against you and demonstrate that the evidence was not collected or obtained legally. He may be able to show that the field sobriety tests were not properly administered and that your rights were violated. He may be able to show that the breath, blood, or urine test was not properly administered.
Our Akron OVI attorney can also help you by exploring the possibility of a plea bargain. He may be able to negotiate a plea bargain with the prosecutor that reduces the penalties you may be facing. He can explore all possible options and strategies and work hard to help you avoid the severe penalties you may be facing.
Our Akron OVI attorney can assist you in several key ways during your case:
- Evaluating the stop and arrest: We review why you were pulled over, how the officer conducted the investigation, and whether your constitutional rights were respected at every stage.
- Analyzing test procedures: We look closely at how field sobriety tests and any breath, blood, or urine tests were administered, and whether equipment, timing, or documentation issues might undermine the results.
- Challenging the prosecution’s evidence: We identify weaknesses or inconsistencies in police reports, video, witness statements, and lab records that may support motions or negotiations.
- Guiding you through court appearances: We prepare you for hearings in Akron Municipal Court or other Summit County courts, explain what will happen, and stand beside you at each appearance.
- Advising on plea and trial decisions: We explain the risks and benefits of plea offers, potential sentencing ranges, and what to expect if your case proceeds to trial so you can make informed choices.
If you are facing an OVI charge, contact The Law Office of Benjamin W. Zushin online or call (330) 886-4672.
Frequently Asked Questions About Akron OVI Defense
Can I lose my driver’s license after an OVI arrest?
Yes. An OVI arrest can trigger an Administrative License Suspension (ALS), even before your case is resolved in court. A defense attorney can explain your options, including whether you may be eligible for limited driving privileges.
What happens if I refused a breath or blood test?
Refusing a chemical test in Ohio can lead to longer license suspensions and may be used against you in court. However, refusal cases still have defenses. An Akron OVI defense attorney can assess whether the refusal was lawful and how it impacts your case.
Are field sobriety tests required in Ohio?
Field sobriety tests are generally voluntary. Officers may not always make that clear during a traffic stop. How those tests were requested, administered, and scored can be critical issues in an OVI defense.
Will my OVI case go to trial?
Many OVI cases resolve without trial, but preparation for trial is essential. Prosecutors take negotiations more seriously when the defense is prepared to challenge the evidence in court. Your attorney will explain whether trial or negotiation makes the most sense for your situation.
How soon should I contact an Akron OVI defense attorney?
As soon as possible. Deadlines related to license suspensions and court filings can come quickly after an arrest. Early involvement allows your attorney to preserve evidence and protect your rights from the start.
What should I bring to my consultation?
Bring any paperwork you received from law enforcement or the court, including citations, suspension notices, and bond paperwork. If you have questions about what happened during the stop, write them down so they can be addressed during your consultation.
