When a full dismissal is not on the table, reducing an OVI to a lesser offense can protect your license, your record, and your insurance. Here is how those reductions work in Ohio.
Our first goal in every case is a complete dismissal of the OVI, which means no fines, no penalties, no criminal record, and no court costs. That is not always possible. An OVI conviction carries mandatory minimum penalties, cannot be sealed or expunged, and can raise your auto insurance for years. Because the stakes are that high, some clients are better served by a negotiated plea to a lesser charge than by risking a conviction at trial.
Below are the reductions an experienced OVI attorney may be able to pursue, and what each one means for you.
An OVI arrest often comes with additional citations tied to the reason for the stop, such as speeding, crossing the center line, failure to control, a marijuana or paraphernalia charge, or an unlit license plate. Those secondary citations usually carry only fines and no jail time.
In some cases we can negotiate a resolution that dismisses the OVI in exchange for a plea to one of these lesser offenses, which lowers the overall impact on your record and your penalties.
Physical control means sitting in the driver's seat of a vehicle with possession of the ignition key or other ignition device while under the influence, without the state having to prove you drove. It is a first-degree misdemeanor, with a maximum of 180 days in jail and a fine of up to $1,000.
Unlike an OVI, physical control carries no mandatory minimum penalties, adds no points to your license, and usually does not affect insurance rates. There is no mandatory license suspension, though the court may impose a discretionary suspension of up to one year. Just as important, a physical control conviction is not treated as a prior OVI, so it does not raise the offense level or mandatory penalties on any future OVI.
Reckless operation means operating a vehicle on a street or highway in willful or wanton disregard for the safety of persons or property. A first offense is a minor misdemeanor with a fine of up to $150. With one qualifying prior offense within a year it becomes a fourth-degree misdemeanor (up to $250 and 30 days in jail), and with two or more it becomes a third-degree misdemeanor (up to $500 and 60 days in jail). It adds 4 points to your license, and the court may impose a suspension of six months to three years.
It is a moving violation and can affect insurance, but it avoids the mandatory penalties of an OVI, does not increase penalties on a future OVI, and is not necessarily an alcohol-related conviction.
Disorderly conduct is Ohio's catch-all offense for recklessly causing inconvenience, annoyance, or alarm to another, including conduct while voluntarily intoxicated that could offend or endanger others. It is normally a minor misdemeanor (a fine of up to $150), rising to a fourth-degree misdemeanor (up to $250 and 30 days in jail) where an aggravating factor applies, such as persisting after a warning to stop. It carries no mandatory OVI minimums, adds no points to your license, should not affect insurance, and involves no mandatory suspension. It also does not count as a prior OVI for any future charge.
The days of a first-time OVI being quietly reduced, especially without a lawyer, are over. A reduction has to be earned by showing weaknesses in the prosecution's case and presenting the factors that favor you. These outcomes are not automatic. They are possibilities a skilled OVI defense lawyer can work to secure.
Our primary goal is still a full dismissal, but where a plea is the better path we lay out every option so you can choose what fits your circumstances. To protect your record, your license, and your rights, contact the Law Offices of Brian J. Smith, ltd. today.
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Please keep in mind that the success of any legal matter depends on the unique circumstances of each case and we cannot guarantee particular results for future clients based on successes we have achieved in past legal matters.
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