At Smith's Law Offices, our goal is always to secure a complete dismissal of OVI charges—meaning no fines, no penalties, no criminal record, and no court costs for our clients. OVI convictions come with mandatory minimum penalties, cannot be expunged, and can significantly impact auto insurance rates. Due to the serious consequences of these charges, some clients choose to accept plea deals that our attorneys negotiate with prosecutors to reduce the impact.
Here are some of the options that an experienced DUI attorney may be able to obtain.
Individuals charged with an OVI are often cited for additional offenses stemming from the reason for the initial traffic stop. These can include citations for speeding, crossing the center line, failure to control, possession of marijuana or related paraphernalia, or an unilluminated license plate. Typically, these other citations carry only fines and do not involve jail time.
At Smith's Law Offices, we may be able to negotiate a plea that dismisses the OVI charge in exchange for a plea on these lesser charges, helping to reduce the overall impact on your record and minimize penalties.
"Physical Control" is defined as being in the driver's seat of a vehicle and having possession of the ignition key or device while under the influence. This offense is classified as a First Degree Misdemeanor, carrying a maximum penalty of up to 180 days in jail and a fine of up to $1,000.
However, unlike an OVI, Physical Control does not carry mandatory minimum penalties, does not add points to your driver’s license, typically does not impact auto insurance rates, and does not include a mandatory license suspension. Additionally, a Physical Control conviction is not treated as a prior OVI, so it does not increase the offense level or mandatory penalties of a future OVI, though a Physical Control conviction within ten years can affect the driving-privilege waiting period and interlock requirement on a later OVI.
"Reckless Operation" is defined as operating a vehicle on any street or highway with willful or wanton disregard for the safety of persons or property. Depending on the circumstances, this charge can range from a Minor Misdemeanor, carrying a maximum fine of $150, to a Third Degree Misdemeanor, with penalties up to a $500 fine and up to 60 days in jail. Reckless Operation also results in 4 points on your driver’s license and may come with a license suspension ranging from 6 months to 3 years.
While it is a moving violation and may impact auto insurance rates, Reckless Operation does not carry the mandatory minimum penalties associated with an OVI and does not increase penalties for any future OVI charges. It is also not necessarily an alcohol related conviction.
Disorderly Conduct is frequently referred to as somewhat of a catch-all offense. The definition of Disorderly Conduct states that, “No person shall recklessly cause inconvenience, annoyance, or alarm to another by doing any of the following:
(1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;
(2) Making unreasonable noise or an offensively coarse utterance, gesture, or display or communicating unwarranted and grossly abusive language to any person;
(3) Insulting, taunting, or challenging another, under circumstances in which that conduct is likely to provoke a violent response;
(4) Hindering or preventing the movement of persons on a public street, road, highway, or right-of-way, or to, from, within, or upon public or private property, so as to interfere with the rights of others, and by any act that serves no lawful and reasonable purpose of the offender;
(5) Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful and reasonable purpose of the offender."
Additionally, the definition states that, “No person, while voluntarily intoxicated, shall do either of the following:
(1) In a public place or in the presence of two or more persons, engage in conduct likely to be offensive or to cause inconvenience, annoyance, or alarm to persons of ordinary sensibilities, which conduct the offender, if the offender were not intoxicated, should know is likely to have that effect on others;
(2) Engage in conduct or create a condition that presents a risk of physical harm to the offender or another, or to the property of another."
Depending upon the circumstances, the penalty can range from a Minor Misdemeanor (maximum of $150 fine) to a Fourth Degree Misdemeanor (maximum of $250 fine and 30 days jail). The mandatory minimums penalties of an OVI are not required, no points are accessed to the driver’s license, auto insurance rates should not be affected, and no suspension is mandated. It also is not a rung in the ladder that would lead to increased penalties for any future OVI charges.
The days of expecting a first-time OVI to be easily reduced—especially without legal representation—are over. Reductions must now be actively pursued, requiring a skilled attorney to highlight weaknesses in the prosecution’s case and present any mitigating factors. These are not standard options, but rather possibilities that an experienced OVI defense lawyer can fight to secure.
At Smith's Law Offices, our primary goal is to have OVI charges dismissed entirely. However, we also work to obtain plea offers, which we discuss in detail with our clients so they can choose the best path based on their unique circumstances and goals. To improve your chances of a dismissal or a favorable plea, contact Smith's Law Offices today.
