Proven OVI Defense Attorney in Brecksville, Ohio
Limited Clients. Proven Results.
By limiting the number of clients we represent, our OVI Law Firm has been able to focus on results. OVI Defense Attorney Robert Stiefvater has been successfully representing individuals since 2003. If you were charged with OVI in Brecksville, Ohio, call Stiefvater Law, LLC to find out if we are accepting new clients and to discuss your defense. Our OVI Defense Lawyers will explain every step of the process. Put our experience to work for you in Brecksville, OH.
The Brecksville OVI Attorneys at Stiefvater Law, LLC owe their ongoing courtroom success to the following:
Being courtroom prepared by staying current with changes in OVI laws;
Limiting the number of clients we represent; and
Striving to achieve each client's goals.
Call Stiefvater Law, LLC and speak to an OVI Lawyer who is familiar with the court in which your case is pending. If you have been charged with an OVI in Brecksville or anywhere in Ohio, we know you have questions. We will provide the answers. During our free OVI consultation, we will discuss the facts of your case as well as the possible penalties you are facing if convicted. We pledge to you that we will not just give a hard sell on our services. The Brecksville OVI Attorneys at Stiefvater Law, LLC believe that a client should be confident and comfortable with their legal representation – even if they choose to hire outside of our Brecksville OVI Defense Law Firm. We limit the number of OVI clients we accept because we want to be just as confident and comfortable with our clients as they are of us.
OVI Penalties in Brecksville, Ohio
OVI in Brecksville, Ohio has serious consequences. At a minimum, OVI is the most serious misdemeanor charge you can have in Ohio (first degree misdemeanor). Depending on your specific circumstance, OVI can even be a felony.
Every OVI conviction has a mandatory license suspension and a mandatory jail sentence.
Contact an OVI Defense Attorney in Brecksville today to discuss the facts of your case and to build your defense.
Administrative License Suspension
Even before you are convicted of OVI, you are penalized. If you have been charged with OVI in Brecksville then you most likely have or will be put under an Administrative License Suspension, or ALS. An appeal of this suspension must be filed within 30 days of the arrest or you may lose the opportunity to challenge the ALS. Even if you beat your OVI this suspension will remain if you have not appealed it. The length of your pretrial Administrative License Suspension varies. For example, an Administrative License Suspension is as follows for a:
Failed Chemical Test with Three (or more) Priors in 10 Years
Mandatory three year license suspension. No driving privileges for three years.
Refused Chemical Test with Three (or more) Priors in 10 Years
Mandatory five year license suspension. No driving privileges for three years.
Effective Brecksville OVI lawyer
Whether you are defending your first OVI or if this is not your first offense, you deserve a strong and effective defense. Like so many others before, trust the Brecksville OVI Defense Attorneys at Stiefvater Law to protect your rights, your license, and to keep you out of jail.
While challenging your OVI charge in Brecksville, Ohio, we will:
1. Protect your Rights throughout the process;
2. Review all of the evidence in order to build your best defense; and
3. Explain the process so you understand what is happening.
Result Driven Brecksville OVI Lawyer
Our Brecksville OVI Defense Attorneys will work tirelessly to defend you. Stiefvater Law is a result driven firm. Many clients come to us feeling that there is no way to beat their Brecksville OVI. Even when the evidence points to guilt, there are several avenues to challenge that evidence. Keeping that evidence out of trial often results in a finding of not guilty or a pre-trial offer to a reduced charge. Put our experience to work for you in Brecksville, Ohio.
OVI Penalties
Call Brecksville OVI Lawyer Robert Stiefvater to determine what penalties you are facing. OVI can be a felony or a misdemeanor. Several factors will determine the degree of the charge as well as the penalties you are facing if you are convicted. Conviction of a first lifetime OVI can result in a jail sentence of up to six months! There are also mandatory minimum jail sentences with every OVI conviction.
The State of Ohio, through it's lawmakers, has decided to be strict with the penalties for OVI. In fact, Ohio has some of the most strict OVI penalties in the country. If you are convicted of a Brecksville OVI, then you can be subject to the following range of penalties:
Fourth or Fifth OVI in 10 Years or Sixth in 20 Years
If you are convicted of your 4th or 5th OVI in 10 years or your 6th OVI in 20 years then you face the following penalties:
Mandatory 60 days jail up to one year or 60 days prison with optional additional 6 to 30 months;
Mandatory fine of $1,350 up to $10,500;
Mandatory alcohol and or drug addiction program;
Mandatory license suspension of three years up to a lifetime suspension;
Mandatory yellow license plate (DUI plate or “party plate”) and interlock device; and
Forfeiture of your vehicle.
Fourth or Fifth OVI in 10 Years or Sixth in 20 Years and High Test or Refusal
If you are convicted of your 4th or 5th OVI in 10 years or your 6th OVI in 20 years and have a high test or refusal of test then you are facing the following penalties:
Mandatory 120 days jail up to one year or 120 days prison with optional additional 6 to 30 months;
Mandatory fine of $1,350 up to $10,500;
Mandatory alcohol and or drug addiction program;
Mandatory license suspension of three years up to a lifetime suspension;
Mandatory yellow license plate (DUI plate or “party plate”) and interlock device; and
Forfeiture of your vehicle.
Call the OVI Attorneys at Stiefvater Law to find out if we are currently taking on new clients. We are the OVI Lawyers in Brecksville, Ohio, 44141.
The following is a section of Ohio Revised Code 4511.19, which is the State of Ohio’s law regarding OVI:
OVI (Admissibility of Breath, Blood, Urine Tests)
(a) In any criminal prosecution or juvenile court proceeding for a violation of division (A)(1)(a) of this section or for an equivalent offense that is vehicle-related, the result of any test of any blood or urine withdrawn and analyzed at any health care provider, as defined in section 2317.02 of the Revised Code, may be admitted with expert testimony to be considered with any other relevant and competent evidence in determining the guilt or innocence of the defendant.
(b) In any criminal prosecution or juvenile court proceeding for a violation of division (A) or (B) of this section or for an equivalent offense that is vehicle-related, the court may admit evidence on the concentration of alcohol, drugs of abuse, controlled substances, metabolites of a controlled substance, or a combination of them in the defendant's whole blood, blood serum or plasma, breath, urine, or other bodily substance at the time of the alleged violation as shown by chemical analysis of the substance withdrawn within three hours of the time of the alleged violation. The three-hour time limit specified in this division regarding the admission of evidence does not extend or affect the two-hour time limit specified in division (A) of section 4511.192 of the Revised Code as the maximum period of time during which a person may consent to a chemical test or tests as described in that section. The court may admit evidence on the concentration of alcohol, drugs of abuse, or a combination of them as described in this division when a person submits to a blood, breath, urine, or other bodily substance test at the request of a law enforcement officer under section 4511.191 of the Revised Code or a blood or urine sample is obtained pursuant to a search warrant. Only a physician, a registered nurse, an emergency medical technician-intermediate, an emergency medical technician-paramedic, or a qualified technician, chemist, or phlebotomist shall withdraw a blood sample for the purpose of determining the alcohol, drug, controlled substance, metabolite of a controlled substance, or combination content of the whole blood, blood serum, or blood plasma. This limitation does not apply to the taking of breath or urine specimens. A person authorized to withdraw blood under this division may refuse to withdraw blood under this division, if in that person's opinion, the physical welfare of the person would be endangered by the withdrawing of blood.
The bodily substance withdrawn under division (D)(1)(b) of this section shall be analyzed in accordance with methods approved by the director of health by an individual possessing a valid permit issued by the director pursuant to section 3701.143 of the Revised Code.
(c) As used in division (D)(1)(b) of this section, "emergency medical technician-intermediate" and "emergency medical technician-paramedic" have the same meanings as in section 4765.01 of the Revised Code.
(2) In a criminal prosecution or juvenile court proceeding for a violation of division (A) of this section or for an equivalent offense that is vehicle-related, if there was at the time the bodily substance was withdrawn a concentration of less than the applicable concentration of alcohol specified in divisions (A)(1)(b), (c), (d), and (e) of this section or less than the applicable concentration of a listed controlled substance or a listed metabolite of a controlled substance specified for a violation of division (A)(1)(j) of this section, that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. This division does not limit or affect a criminal prosecution or juvenile court proceeding for a violation of division (B) of this section or for an equivalent offense that is substantially equivalent to that division.
(3) Upon the request of the person who was tested, the results of the chemical test shall be made available to the person or the person's attorney, immediately upon the completion of the chemical test analysis.
If the chemical test was obtained pursuant to division (D)(1)(b) of this section, the person tested may have a physician, a registered nurse, or a qualified technician, chemist, or phlebotomist of the person's own choosing administer a chemical test or tests, at the person's expense, in addition to any administered at the request of a law enforcement officer. If the person was under arrest as described in division (A)(5) of section 4511.191 of the Revised Code, the arresting officer shall advise the person at the time of the arrest that the person may have an independent chemical test taken at the person's own expense. If the person was under arrest other than described in division (A)(5) of section 4511.191 of the Revised Code, the form to be read to the person to be tested, as required under section 4511.192 of the Revised Code, shall state that the person may have an independent test performed at the person's expense. The failure or inability to obtain an additional chemical test by a person shall not preclude the admission of evidence relating to the chemical test or tests taken at the request of a law enforcement officer.
Cities in Cuyahoga County: Valley View, Warrensville Heights, Walton Hills, Woodmere, Westlake
Zip Codes in Brecksville, Ohio: 44141