July 3, 2024 | DUI/OVI
If you’re facing charges related to driving under the influence in Cincinnati, Ohio, it’s important to know how a super DUI/OVI might impact your case. While “super DUI” isn’t officially recognized as a legal classification within Ohio law, this term is colloquially used to describe an operating a vehicle under the Influence (OVI) offense that exhibits more severe circumstances – specifically involving high levels of blood alcohol concentration (BAC).
Ohio law outlines different tiers for OVI offenses based on BAC levels. A standard OVI typically involves a BAC between .08% and .169%. However, when your BAC is considerably higher – at or above a .170 for breath, .238 for urine, and .204 for plasma/serum – the charge is escalated to a super DUI.
Penalties for a Super DUI
Driving under the influence is a serious offense in Ohio, but a super DUI carries even more severe penalties, even for first offenses, including:
- Immediate Consequences: After a first offense, you will face a mandatory two-week waiting period before your driving privileges are reinstated.
- Ignition Interlock Device: Before you can resume driving after two weeks have passed, you may be required to install an ignition interlock device in your vehicle.
- Misdemeanor Charge: A first-time offense is charged as a first-degree misdemeanor and will be recorded on your criminal record.
- Jail Sentence: Defendants can face up to six months of jail time. This includes a mandatory three-to-six-day period following initial detention.
- Fines: Fines for a super DUI range from $375 to $1,075.
- License Suspension: The court may suspend your driver’s license for one to three years. The court can also mandate the installation of an ignition interlock device as a condition for regaining driving privileges.
- Probation: Depending on the severity of the case and the judge’s decision, you may be required to undergo a five-year probation period.
There is the potential for leniency; if a judge grants unlimited driving privileges contingent upon the installation of an ignition interlock device, the jail sentence may be suspended.
Understanding these penalties can help you prepare for the legal process and the potential long-term implications of a super DUI charge and conviction in Ohio.
Legal Defenses to Super DUIs
When facing a super DUI charge, it is crucial to be aware of the legal defenses that may be available to you. Some common ones include:
Challenging the Traffic Stop
One of the fundamental defenses involves questioning the legality of the initial traffic stop. If the officer didn’t have the basis to pull you over, any evidence obtained after the stop may be inadmissible in court if your lawyer files a successful motion to suppress.
Disputing Breathalyzer Accuracy
Breathalyzer devices are not infallible and can produce inaccurate results due to improper calibration, maintenance issues, or the presence of certain medical conditions. Providing expert testimony to highlight these vulnerabilities can cast doubt on the BAC readings.
Violation of Miranda Rights
If an arresting officer fails to read you your Miranda rights upon arrest, any self-incriminating statements made thereafter may be excluded from evidence. This can significantly impact the strength of the prosecution’s case.
Chain of Custody for Blood Tests
In cases where a blood test is administered, the prosecution must maintain a secure chain of custody. Any lapses in handling or storing the blood sample can lead to contamination or tampering, which can be grounds for dismissal.
Not Driving and No Control Over Vehicle
To be convicted of a DUI, the prosecution must prove beyond a reasonable doubt that you were operating the vehicle at the time of arrest. If it can be demonstrated that you were not driving or had no control over the vehicle (like you were asleep in the backseat), this can lead to a dismissal or an acquittal.
Schedule a Free Case Review With an Experienced DUI Attorney
Ultimately, only a qualified attorney can evaluate the details of your case and determine the most effective defense strategy for your super DUI charge. If you have questions or need help with your case, contact a DUI/OVI attorney for a free consultation.
Contact the Cincinnati DUI Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
For more information, contact the DUI attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (513) 333-0014 or visit us at our Cincinnati law office.
Suhre & Associates DUI and Criminal Defense Lawyers – Cincinnati
600 Vine Street, Suite 1004
Cincinnati, OH 45202
United States
