Proven OVI Attorney in Linndale, Ohio

Limited Clients. Proven Results.

If you are facing an OVI charge in Linndale, call Stiefvater Law, LLC to speak with a successful OVI Defense Attorney to fight your charge.  OVI Defense Attorney Robert Stiefvater has been defending individuals since 2003.  Put his experience to work for you in Linndale, Ohio.

The Linndale OVI Attorneys at Stiefvater Law, LLC owe their ongoing courtroom success to the following:

1.       Taking the time to understand each client’s desired outcome;

2.       Being courtroom prepared by staying current with evolving OVI law; and

3.       Limiting the number of clients so enough time can be devoted to building the best OVI defense for every case we accept.

Contact Stiefvater Law, LLC and discuss your case with an OVI Defense Attorney experienced in the court that is going to hear your case. An OVI charge in Linndale or anywhere in Ohio is serious. You have questions. We have the answers. Our OVI consultation includes discussing the facts of your case and providing an honest assessment of your legal exposure. We pledge that we will not hard sell our services. The Linndale OVI Lawyers at Stiefvater Law, LLC want everyone who faces an OVI to be confident and comfortable with their legal representation - even if they do not hire our Linndale OVI Law Firm. We limit the number of OVI clients we represent because our OVI Defense Lawyers should be just as confident and comfortable with our clients as our clients are of us.

OVI Penalties in Linndale, Ohio

OVI in Linndale, 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 conviction for OVI has mandatory jail time and license suspension.

Contact an OVI Lawyer in  Linndale 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 Linndale 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 Prior in 10 Years

Mandatory one year license suspension. No driving privileges for first 45 days.

Refused Chemical Test with Prior in 10 Years

Mandatory two year license suspension. No driving privileges for first 90 days.

Effective Linndale 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 Linndale OVI Defense Lawyers at Stiefvater Law to protect your rights, your license, and to keep you out of jail.

While challenging your OVI charge in Linndale, 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 Linndale OVI Defense Lawyer

Our Linndale 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 Linndale 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 Linndale, Ohio.

OVI Penalties

Even a first OVI is a first degree misdemeanor. A first degree misdemeanor is the most serious level of misdemeanor in Ohio. Sometimes an OVI is a felony. The degree of your charge is dependent on several factors. Call the OVI Lawyers at Stiefvater Law to discuss the degree of your OVI as well as the possible penalties.

Ohio OVI penalties are some of the most strict in the United States. If you are convicted of an OVI in Linndale, OH, you are subject to severe penalties. Below is an example of the range of penalties for conviction of a:

Second OVI in 10 Years

If you are convicted of your second OVI in 10 years then you face these penalties:

Mandatory minimum 10 day jail sentence up to six (6) months;

Mandatory fine of $525 up to $1,625;

Mandatory license suspension of one (1) to seven (7) years;

Mandatory Alcohol and or drug assessment and recommended treatment;

Possible yellow license plate (DUI plate or “party plates”) and interlock device; and

Mandatory 90 day vehicle immobilization.

Second OVI in 10 Years and a High Test or Refusal

If you are convicted of your second OVI in 10 years and have a high test result or refusal of test then you are facing the following penalties:

Mandatory minimum 20 day jail sentence up to six (6) months;

Mandatory fine of $525 up to $1,625;

Mandatory license suspension of one (1) to seven (7) years;

Mandatory Alcohol and or drug assessment and recommended treatment;

Mandatory yellow license plate (DUI plate or “party plates”) and interlock device; and

Mandatory 90 day vehicle immobilization.

Contact the OVI Attorneys at Stiefvater Law to find out if we are currently accepting new clients.  We are the OVI Lawyers in Linndale, Ohio, 44135.

Below is part of the State of Ohio’s OVI law. This is found in the Ohio Revised Code, Section 4511.19:

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, Westlake, Warrensville Heights, Walton Hills, Woodmere

Zip Codes in Linndale, Ohio: 44135