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Frequently Asked Questions About OVI in Ohio

Q: How can help with my OVI case?

A: Attorney Fogt is an experienced, knowledgable, and innovative. He is dedicated to providing you with elite legal representation and guidance throughout your OVI case. Attorney Fogt works tirelessly to protect your rights, challenge the evidence against you, and pursue the best possible outcome for your case. Contact us today for a confidential consultation.

Q: What is OVI?

A: OVI stands for Operating a Vehicle Impaired, which is the legal term used in Ohio for driving under the influence of alcohol or drugs. It encompasses situations where a person operates a vehicle while their ability to do so is impaired due to the consumption of alcohol, drugs, or a combination of both.

Q: What are the legal limits for OVI in Ohio?

A: In Ohio, the legal limit for blood alcohol concentration (BAC) is 0.08% for individuals aged 21 and over operating a non-commercial vehicle. For drivers under 21, the legal limit is 0.02%, and for commercial drivers, it is 0.04%.

Q: What are the penalties for OVI in Ohio?

A: Penalties for OVI convictions in Ohio can vary depending on factors such as prior offenses, BAC level, and the presence of aggravating circumstances. Penalties may include fines, license suspension, mandatory alcohol education programs, probation, and even jail time.

Q: Can I refuse a breathalyzer test in Ohio?

A: Ohio has an implied consent law, which means that by obtaining a driver's license, you consent to chemical testing if you are suspected of OVI. Refusing to take a breathalyzer test can result in immediate license suspension and other possible penalties. However, it is almost always best to REFUSE the breathalyzer.

Q: Do I need an attorney if I've been charged with OVI?

A: Yes, you need an attorney. A skilled OVI attorney can help protect your rights, navigate the legal process, and advocate on your behalf to achieve the best possible outcome for your case. Call my office!

Q: Is an OVI enhanceable?

A: Yes, each subsequent OVI conviction results in harsher penalties. Also OVI convictions can have long-term consequences beyond your driving record, including potential impacts on employment, insurance rates, and professional licenses.

Q: Are there any defenses against OVI charges?

A: Yes, there are various defenses that can be used to challenge OVI charges in Ohio. These may include improper administration of field sobriety tests, faulty breathalyzer equipment, violations of constitutional rights during the arrest process, or lack of probable cause for the traffic stop.

Q: Can I get my license reinstated after an OVI conviction?

A: License reinstatement after an OVI conviction in Ohio typically requires completing any court-ordered requirements, such as serving a license suspension period, attending alcohol education programs, and paying reinstatement fees. Eligibility for reinstatement may vary depending on the circumstances of the conviction.

Q: Can I Get Driving Privileges?

A. Courts typically grant driving privileges for work, school, medical appointments, and even a few hours a week to take care of necessary errands.

Q: Is there a Chart that helps illustrate possible consequences of OVI?

A. Yes. Click here.

Fogt Law Office Can Help You

Attorney Fogt is certified in the NHTSA manual just like the police and has 116 hours of Continuing Legal Education classes on OVI alone. Attorney Fogt closely reviews the police report, the video of the FST's, and even visits the scene to provide the best representation he can for his clients. 

Attorney Fogt practices in Federal Court and all over the State of Ohio including, but not limited to Montgomery County, Greene County, Miami County, Warren County, Hamilton County, Clark County, Franklin County. Attorney Fogt also practices in Kettering, Miamisburg, Dayton, Xenia, Fairborn, Springboro, Clark, and Lebanon Municipal Courts as well as others. 


Fogt Law Office is a BBB Accredited Lawyer in Dayton, OH

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