You should get an attorney! Most OVI/DUI cases I hear about end up the same (3 days in jail or 3 days at ovi "camp", 6 months - 1 year license suspension, driving privileges to work and school, and a significant amount of related fines). However, you have a unique case since you BAC was so low. Since, you are 19, and underage , you may not have the same advantage in defending yourself as someone over 21.
Basically, you should sit down with an attorney who specializes in this area of law and determine what the best path to take is.
Mr. Esposito is a Ohio-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Andrew Esposito does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.
Since you are underage, you are facing different and much lesser penalties than an adult, however, this is still serious and probably even more so given your age. You are facing a 4th degree misdemeanor-max jail time is 30 days, max fine is $250.00, treatment is optional, class 6 license suspension 90 days-2years, eligible for driving privileges after 60 dyas, may be ordered to have restricted plates and/or interlock device.
It is very important you contact an attorney about this matter. Good luck.
IMPORTANT LEGAL NOTICE: Mr. Fogt’s response set forth above is not legal advice and it does not create an attorney-client relationship. Mr. Fogt’s responses to all questions posted on AVVO are intended to provide general information based upon the his understanding of the facts stated in the question, and are for the general educational purposes of the public, not any specific individual. Also, a particular case may involve additional facts and circumstances, which might invalidate some or all of the concepts provided in this answer and therefore, you should not rely upon this answer in any individual situation. In order to offer legal advice about this or any other situation, a qualified attorney would likely need to consider many factors not stated in the question and would need to question the potential client in order to clarify the specific facts operable in that case. If you would like to obtain specific legal advice about this issue, it is recommended that you contact an attorney in your state.
You should get an experienced OVI attorney on your case. No two OVI cases are alike and anyone charged with an OVI should get an attorney. Police officers must still follow procedures without violating your rights. They are required to follow standardized testing procedures and must do so in conformity with the law in Ohio. An OVI charge is a serious offense with penalties including a mandatory driver's license suspension, possible jail term of up to 6 months, 6 points on your license and much much more. Best of luck to you.
~~~~~~~~~~ Patrick Leary is a licensed attorney in Ohio. Any answers provided by Mr. Leary in the Q&A Forum are intended to be informative, but should NOT be considered legal advice. Furthermore, answers provided herein do not establish an attorney-client relationship. Thank you. www.defendmyfreedom.com
Please remember it's not a good idea to discuss your case on the internet. You should absolutely speak with an attorney in a confidential setting to discuss the facts and circumstances of your case. OVI convictions can have serious consequences, especially for a 19 year old - a conviction stays on a person's record and could impact a person's educational and job opportunities going forward. It's important to have a lawyer to counsel you throughout the process and to advocate for you in court.
A response to a question on Avvo is NOT legal advice. These answers are provided for general informational purposes ONLY. Thomas Haren is not your attorney until you have signed a retainer agreement with his firm and paid a fee. Questions posted on Avvo normally provide very limited information, and thus a more detailed, private conversation is needed before any answers should be relied upon. DO NOT POST CONFIDENTIAL INFORMATION ON AVVO.
The OVI is more serious than an underage ticket would have been. You need a lawyer.
These testing devices are not perfect and they are often not properly used.
Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin http://addbalance.com Talking to the Police - Advice from Lawyers and Police: http://addbalance.com/police.htm
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