Mansfield, Ohio – OVI

Have you been arrested for intoxicated driving in Mansfield? You may worry about what will happen to you after the police charge you with OVI. However, hiring an experienced defense lawyer can help you protect your rights and fight for a better outcome in your prosecution. Contact McNamee Defense for an initial case evaluation with an OVI defense lawyer to learn how we can help you pursue a favorable resolution to a drunk or drugged driving charge.

Why Choose a Defense Lawyer from McNamee Defense?

Facing OVI charges after an arrest in Mansfield can put your freedom and reputation in jeopardy, making your choice of legal representation one of the most important decisions you can make when resolving drunk or drugged driving charges. Turn to a defense attorney from McNamee Defense to help you seek a favorable outcome to your OVI case because:

• We provide aggressive yet discreet legal representation to clients facing prosecution for OVI, working tirelessly to help them get the results they want.
• Our attorneys focus on the facts of your case to minimize unnecessary delays and achieve an efficient resolution of your charges.
• Attorney Colin McNamee has over a decade of legal experience advocating for clients in the criminal justice system. He has developed a reputation for compassionate and respectful legal advocacy, combined with a detailed approach that includes thorough investigation and diligent preparation of a robust case strategy.

Understanding OVI Laws in Mansfield

Under Ohio law, a person commits the crime of operating a vehicle under the influence of alcohol or drugs (OVI) when they operate a vehicle when under the influence of alcohol, a drug of abuse, or a combination thereof, a blood alcohol concentration (BAC) of 0.08 percent, or the detectable presence of certain drugs above a threshold of:

• 100 nanograms per milliliter of blood for amphetamine
• 50 nanograms per milliliter of blood for cocaine or cocaine metabolite
• 50 nanograms per milliliter of blood for heroin
• 10 nanograms per milliliter of blood for heroin metabolite
• 10 nanograms per milliliter of blood for LSD
• Two nanograms per milliliter of blood for marijuana

Having a BAC of up to 0.17 percent constitutes a “low test,” while having a BAC of 0.17 percent or more constitutes a “high test.” Motorists under the age of 21 may not operate a motor vehicle with a blood alcohol concentration of 0.02 percent or more.

Furthermore, Ohio’s implied consent law deems every motorist who operates a vehicle in the state to have consented to a breath, blood, or urine test after an arrest for OVI to detect the presence or concentration of alcohol or blood in their system. A driver who refuses a chemical test after an OVI arrest may face administrative sanctions, including suspension of their driving privileges.

Penalties for an OVI Conviction in Ohio

Penalties for an OVI conviction in Mansfield will depend on factors such as the driver’s BAC at the time of their arrest and the number of prior OVI convictions they have in Ohio and other jurisdictions. Incarceration terms for convictions include:

• First Conviction in 10 Years, Low Test or Drug Intoxication: Three days to six months in jail or driver improvement program.
• First Conviction in 10 Years, High Test or Prior Chemical Test Refusal Within Past 20 Years: Minimum six days in jail or three days in jail and driver improvement program, up to a maximum of six months in jail.
• Second Conviction in 10 Years, Low Test or Drug Intoxication: Minimum 10 days in jail or five days in jail and 18 days of house arrest with electronic monitoring, up to a maximum of six months in jail.
• Second Conviction in 10 Years, High Test or Prior Chemical Test Refusal Within Past 20 Years: Minimum 20 days in jail or 10 days in jail and 36 days of house arrest with electronic monitoring, up to a maximum of six months in jail.
• Third Conviction in 10 Years, Low Test or Drug Intoxication: Minimum 15 days in jail and 55 days house arrest with electronic monitoring, up to a maximum of one year in jail.
• Third Conviction in 10 Years, High Test or Prior Chemical Test Refusal Within Past 20 Years: Minimum 60 days in jail or 30 days in jail and 110 days house arrest with electronic monitoring, up to a maximum of one year in jail.
• Fourth or Fifth Conviction in 10 Years or Sixth Conviction in 20 Years, Low Test or Drug Intoxication: 60 days to one year in jail or 60 days in prison with an option for an additional six to 30 months.
• Fourth or Fifth Conviction in 10 Years or Sixth Conviction in 20 Years, High Test or Prior Chemical Test Refusal Within Past 20 Years: 120 days to one year in jail or 120 days in prison with an option for an additional six to 30 months.
• Second Felony OVI Conviction, Low Test or Drug Intoxication: 60 days to 36 months in prison.
• Second Felony OVI Conviction, High Test or Prior Chemical Test Refusal: 120 days to 36 months in prison.
• First or Second Felony OVI Conviction with Specification of Prior Convictions in Charging Instrument: One to five years in prison.

OVI sentences can include additional penalties, such as fines, mandatory alcohol/drug addiction assessment, and mandatory treatment if recommended by the evaluation. These penalties may also include a driver’s license suspension, an ignition interlock device requirement for license restoration, and potential immobilization or forfeiture of the vehicle if registered to the driver.

Potential Defenses to OVI Charges

A driver charged with OVI in Mansfield may have various defenses they could pursue against the prosecution’s case to fight for a favorable resolution to their charges. Potential defenses in an OVI case may include:

• Challenging the Legality of the Traffic Stop – Defendants may seek to exclude evidence from their cases by contesting the lawfulness of the traffic stop by arguing that police lacked reasonable suspicion or probable cause of a traffic violation or criminal offense to justify the stop.
• Challenging the Reliability of Field Sobriety Tests – A defendant may challenge the results of field sobriety tests conducted during an OVI stop by highlighting issues that could have affected the test results, such as uneven ground, poor weather, or health conditions like arthritis.
• Challenging the Reliability of Chemical Testing – Defendants may seek to exclude chemical test results by arguing that police failed to follow testing protocols, used uncalibrated breathalyzers, or obtained a blood sample against the defendant’s will without a warrant.

How Can a Defense Attorney Help You Face an OVI Charge?

Being arrested for OVI can cause you embarrassment and anxiety. You may worry about facing the criminal justice system to defend your freedom and future. However, you don’t have to take on your OVI charges alone. A criminal defense attorney from McNamee Defense can help you seek a favorable outcome to your prosecution by:

• Thoroughly investigating your case to recover evidence that can help your defense
• Helping you understand your charges, the potential outcomes, and your legal options
• Challenging the prosecution’s case at every opportunity to pursue a favorable resolution to your charges
• Fighting as hard as needed to obtain the best outcome, even when you choose to go to trial