Cleveland OVI Defense Attorney
You should know that a drunk driving arrest in Ohio is more than merely an embarrassment: drunk driving charges can seriously affect your livelihood (possible loss of a professional license or a meaningful way to get about town to conduct your business), your financial security and your freedoms.
If convicted, your driver’s license will absolutely be suspended; you will incur substantial fines and mandatory incarceration. You will have to deal with complications involving the Ohio Bureau of Motor Vehicles (www.ohiobmv.com) in order to get your license back to valid status, and your job may be at stake.
I am Cleveland criminal defense attorney Mark Gardner, and I have more than 18 years of experience defending against DUI/OVI charges for clients. I am dedicated to protecting your rights at every stage, from arrest through trial, from the police station to the courtroom. You can rely on me, at the Law Office of Mark Gardner, to begin building your defense today.
What Is The Difference Between A DUI And An OVI Charge?
Nothing! They are one and the same charges. Each describes the identical offense. Years ago, the acronym in vogue to describe the offense of drunk driving was DWI. For unknown reasons, the acronym moved over to DUI (some other states still call the offense as DWI).
In 2005, the acronym once again changed to OMVI. But that acronym didn’t role off the tongue or sound just right so the Ohio Legislature most recently changed it to OVI. Do any of these acronym changes matter? Not a bit. As I just said, they all describe the very same offense: drunk driving.
It is also important to know that the term “drunk driving” tends to be a bit misleading. A person doesn’t have to be “drunk” or “wasted” to commit this offense. All that is required is that according to State v. Hardy, 28 Ohio St.2d 89, 276 N.E.2d 247 (1971) is:
THE ACCUSED CONSUMED ALCOHOL TO THE POINT THAT IT ADVERSELY AFFECTED AND APPRECIABLY IMPAIRED THE PERSON’S ACTIONS, REACTIONS, OR MENTAL PROCESS UNDER THE CIRCUMSTANCES THEN EXISTING AND DEPRIVED HIM/HER OF THAT CLEARNESS OF THE INTELLECT AND CONTROL OF HIMSELF/HERSELF WHICH HE/SHE WOULD OTHERWISE HAVE POSSESSED.
Those are the exact words read by the judge to a jury in a DUI/OVI jury trial. If the Government proves the truth of this charge beyond a reasonable doubt (meaning the jury members find that “YES,” you were impaired), then they vote guilty.
On the other hand, if the Government has not proven its case beyond a reasonable doubt, or your very smart and dedicated defense lawyer has managed to create or otherwise demonstrate reasonable doubt to the jury, then the answer to the above jury instruction is “no” and the jury will then vote “not guilty” (two glorious words right up there with “I love you!”).
There is an additional type of DUI/OVI charge to consider: the numerical charge, which entails a person testing over the legal limit on either a blood test, breath test machine or a urine sample. Unlike the “impairment” charge which is based upon the subjective determination of a police officer, this charge is complicated and based in chemical & medical sciences. It is therefore important to retain an attorney knowledgeable in these sciences who is capable of finding any errors present in the Government’s case.
Stay Out Of Jail • Keep Your License • Minimize Your Fines
I will do all that I can to protect your rights, from the moment you are arrested until your case is finished. I am a DUI attorney with extensive experience in all aspects of DUI and OVI crimes, including:
- Administrative license suspension hearings
- Commercial driver’s license protection
- Standardized field sobriety tests
- Jury and bench trials
- Driving under suspension (DUS)
- Minor traffic offenses — collecting 12 points
- Vehicular homicide
- Probation, judicial release and expungements
Which lawyer you retain may make a difference in the results of your case and the penalties you incur. My aggressive DUI defense has produced a record of successful results for my clients.
Time Is Of The Essence.
If you have been charged with a DUI/OVI, you need aggressive and effective criminal defense. Do not wait to protect your rights or risk jail time, excessive fines or loss of your license. I can help you keep your life together. CALL today.
Call An Ohio DUI Laws Lawyers • Free Consultation
For a free consultation with an experienced Cleveland DUI defense lawyer, please contact my Ohio law office.