Driving Under the Influence (Kentucky) or Operating a Vehicle Under the Influence (Ohio) charges result when operating a motor vehicle while you have had too much alcohol to drink, or you are under the influence of another substance that impairs your ability to drive. A DUI/OVI conviction can also result from being in “physical control” of a vehicle while under the influence. The government can prove your impairment by demonstrating a “per se” violation (having a concentration of alcohol or an impairing substance over a statutory maximum) or by demonstrating your impairment from testimony from an officer or video evidence of your driving and physical condition during the stop of your vehicle. Remember though, the government must prove every element of a DUI/OVI charge beyond a reasonable doubt. And you are presumed innocent until proven guilty.
DUI/OVI offenses can be misdemeanor or felony offenses in Kentucky and Ohio, depending upon the number of previous DUI/OVI convictions within each states time period. A DUI/OVI conviction can result in jail time, mandatory drivers license suspension, significant fines and court costs, mandatory drug and alcohol assessment and treatment, immobilization of your vehicle, license plate impoundment, and interlock device requirements. Furthermore, the court does not have to provide you with driving privileges.
Both states also have different provisions for “enhancing” the penalties under certain circumstances. In Kentucky, if you are DUI with a Blood Alcohol (“BA”) level over .15; if you are caught speeding in excess of 30 miles an hour over the posted speed limit; if you are driving down the wrong side of a limited access highway; if you cause serious injury or death; if you refuse to submit to a test of your breath, blood or urine; or if you are traveling with a passenger 12 years or younger you are subject to greater penalties. Ohio has similar enhancements or “upper tier” violations including when you are OVI with a BA of .17 or greater and refusing to submit to a test of breath, blood, or urine.
The selection of an attorney experienced in defending DUI/OVI cases is crucial if you intend on walking out of the courtroom without a conviction. The attorneys at Roush & Stilz, P.S.C. have successfully tried DUI/OVI cases to both judge and jury.
Our attorneys can test the government’s case against you. Did the police officer have a legal reason to initiate a traffic stop and pull you over? Did the officer have sufficient cause to ask you to submit to field sobriety tests? Did the officer adequately explain and administer the field sobriety tests? Did the officer comply with the regulations concerning the collection of your breath, blood or urine sample? Is there sufficient evidence to convict you of DUI/OVI?
We can help protect your liberty and driving privileges. If you have questions concerning your DUI/OVI charge contact our firm. The attorneys at Roush & Stilz, P.S.C. strive to fight to protect your rights and defend you with the ultimate goal of acquittal or dismissal of your charges.