Dayton DUI Penalties

If you’ve been arrested for an OVI / DUI in Dayton, OH, you need an experienced Dayton DUI defense lawyer from Suhre & Associates fighting for you. The state of Ohio takes driving under the influence extremely seriously, which means you need a serious legal defense.

Suhre & Associates has more than a century of collective experience to put behind your defense. You can count on aggressive representation from a legal team that includes a former police officer and a former prosecutor.

Don’t sit back while the government takes advantage of you, threatening your freedom and reputation. When you’re facing Dayton DUI penalties, get in touch with Suhre & Associates today at (937) 531-0435 for your free consultation so we can begin fighting for you. 

How Suhre & Associates Can Help if You’re Facing Dayton DUI Penalties

How Suhre & Associates Can Help if You’re Facing Dayton DUI Penalties

When you hire Suhre & Associates to fight Dayton DUI penalties, you are hiring a defense team renowned as leaders in the field of OVI defense. Our reputation as battle hardened trial lawyers wasn’t built overnight. It was built in the trenches, case by case, standing up to prosecutors time and time again. 

When you hire our top-rated Dayton criminal defense lawyers, we will:

  • Conduct an independent investigation into your case
  • Analyze all evidence against you and challenge where possible
  • Look for evidence of police misconduct
  • Look for all exculpatory evidence 
  • Negotiate with the prosecutor on your behalf
  • Build the strongest possible defense and fight for you in court

As a former police officer, founding attorney Joe Suhre understands how important it is to scrutinize every single step the police took when they investigated your case. From the initial traffic stop to field sobriety testing, arrest, and chemical testing, a mistake by law enforcement can taint evidence or result in a major constitutional violation. Either way, the evidence should not be used against you in court, and we know how to fight to get it thrown out.

If you have been arrested for operating a vehicle under the influence in Dayton, request your lawyer and invoke your constitutional right to remain silent. Trying to talk your way out of it usually makes things worse. Don’t risk it – call us instead. 

What Are the Penalties for a DUI in Dayton Ohio?

Ohio DUI penalties increase as the number of past convictions for OVI increases. For 1st, 2nd, and 3rd Offense DUI, you are facing a misdemeanor offense.

However, for your 4th (or more) in 10 years, or 6th (or more) in 20 years, you are looking at felony charges

The criminal penalties are different in every case based on the nature of the allegations against you and your criminal record. Only your criminal defense lawyer can advise you regarding the minimum and maximum penalties you are facing. Make sure you carefully review the criminal complaint against you with counsel so you understand the nature of your case. 

Generally speaking, the penalties for a DUI / OVI conviction for a DUI / OVI are as follows.

First Offense Dayton DUI / OVI

If you are convicted of a first offense DUI in Dayton you are facing potential penalties that include:

  • Three days jail minimum OR 3 day Driver Intervention Program
  • $375 – $1,075 Fine
  • 1 – 3 year driver’s license suspension
  • One year administrative license suspension for a test refusal
  • 90 day license suspension for a prohibited blood alcohol concentration(BAC)
  • Ignition Interlock Device
  • Probation

A first offense DUI is the least serious type of DUI, but even these penalties can be serious. 

Second Offense DUI / OVI

Conviction for a 2nd DUI may lead to:

  • 10 days to six months jail (higher BAC can increase minimum)
  • $525 – $1625 Fine
  • 1 – 7 year driver’s license suspension
  • Mandatory alcohol / drug abuse assessment and treatment
  • Ignition Interlock Device
  • Probation
  • One year administrative license suspension for prohibited BAC
  • Two year license suspension for a test refusal

It is critical to take second offense OVIs very seriously.

Third Offense DUI / OVI

A third offense DUI in Ohio carries possible penalties of:

  • 30 days to one year jail
  • $850 – $2,750 Fine
  • Mandatory alcohol / drug abuse assessment and treatment
  • Ignition Interlock Device
  • Probation
  • Vehicle forfeiture
  • Two to twelve year driver’s license suspension
  • Three year administrative license suspension for a test refusal
  • Two year administrative license suspension for prohibited BAC

Fourth + DUI / OVI

Penalties for 4th + OVI in Dayton get worse as the number of prior convictions goes up. 

Penalties may include:

  • 60 days jail to 5 years prison
  • $1,350 to $10,500 Fine
  • Mandatory alcohol / drug abuse assessment and treatment
  • Ignition interlock device
  • Probation
  • Vehicle forfeiture
  • 3 year to life license suspension
  • 5 year administrative life suspension for a test refusal
  • 3 year administrative license suspension for a prohibited BAC

Your future, freedom, and reputation are too important to risk going it alone, or thinking this will all magically go away. Prosecutors will stop at nothing to make sure they put you behind bars. Invoke your right to remain silent and call our team for help if you have been charged with DUI in Dayton, Ohio.

What Does the State Need to Prove to Convict You of OVI in Ohio?

In order to impose Dayton DUI penalties, the state needs to convict you of an OVI first. Suhre & Associates understands how scary DUI penalties are. We believe in your innocence, and will fight with everything we’ve got to prove your innocence. 

To convict you of DUI in Ohio,the government needs to prove four elements beyond a reasonable doubt to a jury.

The elements of a DUI are:

  1. You (the defendant);
  2. Operated a motor vehicle;
  3. Under the influence of drugs or alcohol;
  4. You have X number of prior convictions in X amount of time

The state may prove intoxication by introducing evidence that your BAC was over .08. They can also prove intoxication by showing the presence of drugs in your blood. Signs of intoxication during field sobriety tests can also be used as evidence that you were under the influence.

Because DUI penalties increase in severity as the number of prior convictions increases, the fourth element requires the state to prove how many prior convictions you have for OVI. 

At trial the state will introduce evidence such as dash cam footage, body cam footage, officer testimony, and chemical test BAC results (breathe, blood, or urine). This evidence will all be targeted at proving a specific element of the state’s case against you.

Each of these elements, and the evidence introduced to try to prove it, represents an opportunity for an aggressive defense lawyer. At Suhre & Associates, we know how to attack each piece of evidence used against you. Many Dayton OVI cases are won with “death by a thousand cuts.”

What Defenses Can Be Used to Fight a DUI in Ohio?

There are numerous defenses that can be used to fight DUI / OVI charges. Fighting back hard is the only way to avoid Dayton DUI penalties. Every case is unique, so you will need to discuss your case in great detail with your lawyer to determine the right defense strategy. 

Some defense tactics that routinely come up in DUI cases include:

  • Filing suppression motions to get evidence thrown out due to 4th Amendment violations
  • Fighting to have incriminating statements thrown out due to Miranda violations
  • Arguing that Field Sobriety Tests were improperly administered
  • Challenging the accuracy of BAC chemical testing of breathe, blood, or urine
  • Negotiating with prosecutors to have charges reduced or dropped
  • Fighting the case at trial 

Regardless of which approach is appropriate in your case, you will need an experienced Dayton OVI lawyer on your side. Due to the complexity of the law and the seriousness of criminal penalties, you should never try to go it alone without the help of counsel. 

Contact Suhre & Associates for Help

Dayton DUI penalties are simply too serious to take a relaxed approach to your OVI case. Because the penalties for driving over the legal limit are so serious, you need to hire a legal team that prides itself on DUI defense.

Suhre & Associates, led by our founder Joe Suhre, has seen it all when it comes to OVI cases. Our team does not roll over, and we do not take bad plea deals. We put the pressure on the prosecutor to either prove their case or leave you alone. 

If you want to fight your Dayton DUI with everything you’ve got, contact Suhre & Associates for help. 

Visit our Law Office

Suhre & Associates, LLC
130 W 2nd St #310
Dayton, OH 45402

(937) 531-0435

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