If you have been arrested and charged with impaired driving, you need to understand that this is not a ticket—it is a criminal charge, and the consequences could have a significant impact on the rest of your life. In addition to the penalties imposed by the judge, a DUI or OVI conviction can affect your future employment, car insurance rates, and ability to operate a vehicle. This is why you need a lawyer, even if it is your first offense in either state.
The sooner you speak with a Cincinnati DUI lawyer from The Law Offices of Steven R. Adams, the better your chances of achieving a successful outcome. In many cases, there are defenses available to first-time offenders that are not given to those with a history of driving under the influence. Contact our offices today to find out how we can protect your future.
Penalties for a First Offense DUI in Kentucky (No Aggravating Factors)
Kentucky DUI laws include much more than impairment by alcohol. A person may be charged with driving under the influence if he or she is impaired by any substance that has the potential to affect driving ability, including illegal narcotics, prescription drugs, inhalants, and even over-the-counter medications.
If you are convicted of DUI in Kentucky, potential consequences for a first offense include:
- A fine between $200 and $500 plus court costs and fees
- Jail time of up to 30 days or community service (judge’s discretion)
- License suspension of at least 30 days (up to 120 days)
- Mandatory completion of a 90-day alcohol or substance abuse program before license reinstatement
Penalties for Aggravated First Offense DUI in Kentucky
Kentucky law imposes more severe penalties for first offenders whose cases have “aggravating circumstances.” Factors that lead to an aggravated DUI charge include traveling 30 miles per hour (or more) over the speed limit, driving the wrong way on a highway, driving with one (or more) passengers under the age of 12, driving with a blood alcohol content (BAC) of .15 or higher, and causing an accident that resulted in serious injury or death.
A first offense aggravated DUI conviction may result in:
- A mandatory minimum jail sentence of four days (up to a maximum of 30 days)
- A fine between $200 and $500 plus court costs and fees
- 48 hours to 30 days of community service
- Mandatory completion of a 90-day alcohol or substance abuse program before license reinstatement
- License revocation of 30 to 120 days followed by 6 months with a mandatory Ignition Interlock Device (IID)
- If the driver refuses a BAC test requested by an officer, he or she may face pretrial suspension of driver’s license and inability to get an early license reinstatement
Penalties for a “Low Tier” First Offense OVI in Ohio
In Ohio, drunk driving and DUI are legally referred to as operating a vehicle under the influence (OVI). The potential penalties for the offense depend on the amount of alcohol that was in your system based on the results of your breath, blood, or urine test. If your breathalyzer results were below .17, you would likely be charged with a “low tier” OVI.
The potential penalties for a “low” OVI include:
- A minimum of 3 days in jail (at the judge’s discretion, the minimum sentence can be served in a certified driver intervention program (DIP) instead of jail)
- A maximum of 6 months in jail (at the judge’s discretion, a first-time OVI offender may be granted unlimited driving privileges with an ignition interlock device in lieu of jail time)
- Fines ranging from $375 to $1075
- Minimum driver’s license suspension of 1 year up to a maximum of 3 years (the judge may grant limited driving privileges during suspension for driving to work or school)
- Installation of an Ignition Interlock Device (IID) (judge may impose at his or her discretion)
Penalties for a “High Tier” First Offense OVI in Ohio
If you complied with police BAC test requests and blew at or above a .17, you would likely be charged with a “high tier” OVI, which carries increased penalties such as:
- A minimum of 6 days in jail (at the judge’s discretion, the minimum sentence can be served as 3 days in jail and 3 days in a certified DIP)
- Up to 6 months in jail
- Fines ranging from $375 to $1075
- Minimum driver’s license suspension of 1 year up to a maximum of 3 years (the judge may grant limited driving privileges during suspension for driving to work or school)
- No driving privileges until 15 days from the date of the offense
- Mandatory installation of yellow “party” license plate on offender’s vehicle
- Mandatory installation of an Ignition Interlock Device
Are you or someone you know facing DUI / OVI charges?
If you are facing DUI charges, you need to speak with an experienced DUI attorney as soon as possible. The Law Offices of Steven R. Adams is recognized by Super Lawyers, Best Lawyers, The Best Lawyers in America, National Trial Lawyers Top 100, and is one of U.S. News' Best Law Firms. Please contact us online or call our Cincinnati office directly at 513-929-9333 to schedule your free consultation.
