J. Michael Anthony San Rafael DUI Lawyer

214 East Park Street; Chardon , Ohio 44024~ Fax: 440.286.6814
Website: www.ohio-dui-lawyer.com/brice Connect: DUI Lawyer Locator

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j. michael anthony san rafael dui lawyer

Ohio DUI Law Highlights: BAC Levels and Implied Consent (Table 1)

State
"Per Se" BAC Level
"Zero Tolerance" BAC Level
Enhanced Penalty BAC Level
"Implied Consent" Law
Ohio
.08
.02
.17
Yes

DEFINITIONS:
"Per Se" Blood Alcohol Concentration (BAC) Level
As of August 2005, all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.

"Zero Tolerance" Blood Alcohol Concentration (BAC) Level
All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent.

"Enhanced Penalty" Blood Alcohol Concentration (BAC) Level
Many states impose harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above their state's enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions.

"Implied Consent" Laws
"Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year.


Ohio DUI Law Highlights: Selected Penalties (Table 2)

State
Administrative License Suspension/Revocation (1st/2nd/3rd Offense)
Mandatory Alcohol Education and Treatment/Assessment
Vehicle Confiscation Possible?
Ignition Interlock Device Possible?
Ohio
6m/ 1y/ 1y
Treatment/
Assessment - 3rd off.
4th offense
Yes

Note: Persons arrested for DUI will be subject to additional criminal law penalties not addressed here -- including jail time, fines, and community service. Such criminal penalties are typically more discretionary than those identified in this chart, and are therefore more difficult to accurately predict. Generally speaking, first-time DUI offenders can expect to incur a fine, and face the possibility of jail time. Repeat DUI offenders will incur harsher fines, and will almost certainly be sentenced to a number of days in jail. Penalties will be harsher still if the DUI offender was involved in an accident in which someone else was injured or killed.

DEFINITIONS:
Administrative License Suspension/Revocation
The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose BAC is above the state limit for intoxication, or drivers who refuse to submit to BAC testing. Administrative suspension or revocation of a driver's license is usually carried out by a state agency (such as a Department of Motor Vehicles), distinct from any criminal court penalties. Most states impose harsher penalties for second or third DUI offenses, typically defined as those that occur within five years of a prior DUI offense.

Note: the penalties identified here do not include variations for DUI offenders operating commercial vehicles, or drivers who have violated "zero tolerance" and "enhanced penalty" DUI laws (see Table 1). Most states recognize different sanctions for these types of DUI offenses.

Mandatory Alcohol Education and Assessment/Treatment
Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made "conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program. This chart indicates each state's utilization of alcohol education and treatment/assessment programs.

Vehicle Confiscation
Vehicle confiscation penalties allow a motor vehicle department or law enforcement agency to seize a DUI offender's vehicle, either permanently or for a set period of time. Such penalties typically apply only to repeat DUI offenders, and often the return of the vehicle requires payment of fines and significant administrative costs. This chart indicates each state's utilization of vehicle confiscation as a penalty for DUI.

Ignition Interlock
A vehicle ignition interlock breath-testing device measures a vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e. BAC level of .02). DUI offenders will usually be required to pay the costs of installation, rental, and maintenance of an ignition interlock device. This chart indicates each state's utilization of ignition interlock devices as a penalty for DUI.

ABOUT ED BRICE

STATES/COURTS ADMITTED: All Ohio Courts; U.S. Supreme Courts; U.S. Northern District of Ohio

LAW SCHOOL: Cleveland State University, Marshall College of Law

UNDERGRAD: University of Dayton

PAST POSITIONS: Chardon Municipal Court Assistant Prosecutor; Geauga County Bar Association President

MEMBERSHIPS: Geauga County Bar Association; Ohio State Bar Association; Traffic Law Committee; National College for DUI Defense, Inc.

PRACTICE AREAS: General with concentration in traffic and domestic relations. INCLUDING: Criminal and Civil Litigation, Small Businesses, Contracts, Probate, Personal Injury. EXCLUDING: Bankruptcy, Workers' Compensation, Taxation.

A NOTE TO POTENTIAL CLIENTS: I have had a successful practice in the Northeast Ohio area fro 30 years; besides law, I was a certified baseball/softball umpire for 12 years, long-time Toastmaster, and better than average pool-shooter!

STATEMENT OF FEES: Retainer based on specific case facts: priors, BAC reading, injuries, additional traffic or criminal charges, etc.

YEAR FIRM ESTABLISHED: 1986

FREE CONSULTATION: Yes

AFTER HOURS SUPPORT: Phone Support 24 Hours (Home: 440-286-9860)

SPECIAL VISITS: Home & Hospital (if needed)

LANGUAGES SPOKEN: German, Russian, Spanish and Slovak (not fluently).

CREDIT CARDS ACCEPTED: Yes

 

If you have recently been arrested for a DUI call our offices now at (440) 286-9549!

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