Kevin P. Ondrey

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Wadsworth Ohio DUI Lawyer  Practice Areas:

Felonies / Misdemeanors
Traffic / Speeding
Drunk Driving, OMVI, DWI, DUI, OVI
Drug Charges
Domestic Violence
Homicides / Assaults
White Collar Crime
Record Sealing / Record Expunging
Call Toll Free (866) 334-6345 to discuss your criminal traffic DUI OVI or juvenile case.

DUI OVI Defense

Never speculate about evidence  If a juror must speculate to find guilt, they must disqualify themselves a juror must report other jurors to the judge who wrongfully speculate about guilt of an accused  impaired driving law is made up of much speculation for guilt to attach so tread carefully judging this crime.
If someone is charged with an impaired driving offense (or DUI DWI OVI drunk driving, etc.) they may preserve a defense by getting a DUI OVI defense lawyer The lawyer must realistically look at what happened and then a strategy can be made on the cases strengths and weaknesses. Remember in the beginning one should be attempting to stay out of further jail and save their driving privilege if they can. Trial is another whole story.

There are many words we use to describe driving under the influence or operating charges. Drunk driving DUI & DWI are the common ones but there is OMVI (Operating Motor Vehicle Intoxicated) and other acronyms. Whatever we call it, it boils down to operating a vehicle where ones mental faculties are impaired to the detriment of the persons operating skills i.e. under the influence or with a prohibited alcohol concentration (BAC).

You can be charged when operating any motorized vehicle streetcar trackless trolley or even on a bicycle with a prohibited alcohol concentration (BAC) or while under the influence (OVI).

The term operate means to cause or have caused movement of the vehicle streetcar or trackless trolley. Under the influence means that the defendant consumed some (alcohol) (drug of abuse) (combination of alcohol and a drug of abuse), whether mild or potent, in such a quantity whether small or great that it adversely affected and noticeably impaired the defendants actions reaction or mental processes under the circumstances then existing and deprived the defendant of that clearness of intellect and control of himself/herself which he/she would otherwise have possessed. The question is not how much (alcohol) (drug of abuse) (alcohol and a drug of abuse) would affect an ordinary person. The question is what effect did any (alcohol) (drug of abuse) (alcohol and a drug of abuse), consumed by the defendant, have on him/her at the time and place involved. If the consumption of (alcohol) (drug of abuse) (alcohol and a drug of abuse) so affected the nervous system  brain  or muscles of the defendant so as to impair to a noticeable degree his/her ability to operate the vehicle then the defendant was under the influence. OJI 711.19.

In Ohio the legal BAC limit for persons 21 and over is any of the following: .08% for whole blood (by weight) or .08 of 1 gram (by weight) per 200 liters offor breath or .11 of a gram (by weight) per 100 milliliters of urine. For persons under 21 it is even less (e.g. .02% (by weight) for whole blood.) Additionally the law provides greater penalties if the BAC reached the High per se levels.

The accused and convicted impaired operator may face the immediate loss of driving privileges and licenses vehicle impoundment fines rehabilitation & re-education classes local jail or prison time ignition interlock devices and more. Thus it is important to contact a DUI/OVI attorney in order to evaluate your case.

Call Toll Free (866) 334-6345 for a free legal consultation to review your criminal traffic DUI OVI or juvenile case or submit a brief description of your legal problem belowand I will respond promptly.