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What will the penalty be if pleading guilty to the charges of OVI with a BAC of .152 (first time offender)?

Dayton, OH |

trooper indicated reason for "stop" was "marked lanes violation". then stated alcohol oder was present. driver admits to drinking and officer admits 5 FST and none were failed. officer arrests and transports to township were breath test is administered. ticket issued w/3 violations; under the influence, prohibited BAC of .152 and marked lanes. very clean driving record, first (and last) OVI. additionally: "suspect is small framed, and had 4 and a half beers in 3 hours

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Attorney answers 1


Of course what the exact penalty will be is dependent on a lot of factors; prior record, court, circumstances of test, plea deal, etc. The maximum penalty for a first time DUI with a BAC of .152 is three days in jail or a weekend alcohol class up through 180 days in jail, $375-$1075 in fines, a license suspension of 6 months to three years, and no privileges for the first fifteen days. Again, you can see that there is a wide range, and if convicted of a lesser offense this may change.
There are also potential defenses, including a motion to suppress the results of the BAC test that may be available, and which could help you get the Prosecutor to dismiss the charges if you are successful during the motion. Common grounds for suppressing the results are the officer did not have a valid basis for the stop, the officer did not have probable cause to extend the stop to conduct a field sobriety test, the officer lacked probable cause to conduct a BAC test, etc.

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