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In the state of Ohio, (DUI) driving under the influence or (OVI) operating a vehicle while under the influence or appear to be in physical control/position to be operating a vehicle while impaired having a breath or (BAC) blood alcohol content level of .08% or higher from consumption of alcohol, controlled substance or any other substance can have severe consequences including jail time and excessive fines. Charges of DUI /OVI can stem from actually driving or operating a vehicle while under the influence of drugs or alcohol it can also be if you are in the physical control of the motor vehicle. In the state of Ohio Physical Control Statute is similar to DUI/OVI charges as it deals with being in a vehicle while under the influence of drugs or alcohol with the exception that physical control the vehicle may have never been driven or started. Additionally, physical control of a vehicle can be keys in the ignition, keys close enough to be put in the ignition, warm engine, engine running or not.
If you have been arrested or held on suspicion of a DUI or OVI it is very important to not speak, make any written or verbal statement, or sign any documents with any law enforcement officer until you have hired legal representation of an experienced criminal defense attorney. It is your legal right to be silent and seek legal representation – simply say you wish to talk to your attorney and make the call to Chris Bucio Attorney at Law (937)903-6668.
First OVI - Individuals may be charged with this offense if they operate any vehicle or drive under the influence of alcohol, a controlled substance, or any combination of alcohol and controlled substances and have a BAC of .08% or higher. This offense is generally punishable as a misdemeanor of the first degree.
Second OVI - Individuals may be charged with this offense if they operate a vehicle under the influence of alcohol, a controlled substance, or a combination of both and have a BC of .08% or higher within ten years of a prior OVI conviction. This offense is generally punishable as a misdemeanor of the first degree.
Third OVI – Individuals can be charged with this offense if they operate a vehicle under the influence of alcohol, a controlled substance, or a combination of both and have a BAC of .08% or higher within ten years of two prior OVI convictions. This degree of offense is usually punishable as a misdemeanor
Felony OVI - Individuals may be charged with this offense if they have been convicted of three or four previous DUI violations within six of the current DUI offense or conviction of five DUI offenses within 20 years of the current DUI offense. This offense is generally punishable as a felony of the fourth degree.
Aggravated Vehicular Assault - Individuals can be changed with this offense if they operate a vehicle while under the influence of drugs or alcohol with a BAC over the legal limit and cause serious physical harm to another person or unborn baby, This offense is generally punishable as a felony of the second or third degree.
Aggravated Vehicular Homicide – Individuals may be changes with this offense if they operate a vehicle under the influence of drugs or alcohol with a BAC of .08% or higher and cause the death of another person or another person’s pregnancy. This offense is generally punishable as a felony of the first or second degree.
The final punishment in Ohio of a DUI/OVI/DWI conviction varies depending on previous DUI convictions, BAC level, and if a death were involved in said conviction.
Here are many of the common penalties but not limited to:
Once you have the legal representation we will listen to your case and gather all the facts and will be with you throughout the process working hard to provide the best possible outcome. The prosecution must prove beyond a reasonable doubt that you are guilty of all charges.
If you are arrested and charged with DUI/OVI/DWI, don’t delay – call us today. Put our over 17 years of criminal law and trial experience to work for you! We are your Ohio Defense! Proudly serving Allen, Auglaize, Butler, Champaign, Clark, Darke, Logan, Mercer, Montgomery, Shelby, Wood, Warren, and surrounding counties.
Chris Bucio Attorney At Law is a Nationally ranked, award-winning Criminal Defense and DUI Attorney who along with his team, have handle thousands of criminal cases, helping their clients obtain the best results possible.
CASES WE HAVE WON:
STATE V. ROPP
Mr. Villegas represented a client in Hardin County in 2023 who was being charged with an OVI. In a significant legal triumph, Mr. Villegas successfully reduced the OVI to Physical Control. Despite facing a positive THC result three times over the legal limit, our defense strategy proved effective.
STATE V. FOY
Mr. Rafael Villegas was in the Miami County Courthouse defending our client who was being charged with Operating a Vehicle Under the Influence, blowing above .08. Our client walked out of the courthouse with the charge dropped down to Physical Control, no probation, no license suspension, and just a small fine.
STATE V. WILLIAMS
December 5, 2022 Mr. Williams was charged with an OVI. After multiple pre-trials, Mr. Bucio was able to successfully work out a plea deal in which Mr. Williams was able to go free after having already successfully completed his time already served.
STATE V. SCHMIESING
In a recent win, Attorney Christopher R. Bucio was able to assist a client who was charged with an OVI. Counsel had a pre-trial conference with the prosecutor's office regarding this case where they discussed the medical conditions of the client and mistakes that were made by the Highway Patrol at the time. The two were to agree on Physical Control. However, during sentencing, the judge was able to be convinced to allow Mr. Bucio's client to enroll in a 2-day program with a one day license suspension. The client and his best fried, ecstatic over the outcome, wanted to take an instagram picture in order to commemorate the decision.
"Chris Bucio has helped me several times, he's gotten my charges dropped and is always someone who actually cares about your situation. He tells you how it is and what needs to be done. I have referred him several clients and he has helped them tremendously in their situations as well, always giving them fair prices. Chris really does serve his community well."
- Anonymous
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