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Cleveland DUI Attorneys

Legal Defense for Your DUI Case in Ohio

Driving under the influence (DUI), also known as operating a vehicle under the influence (OVI), is a serious criminal offense. In the state of Ohio, DUI offenses can be penalized by some of the most serious consequences under the law, including mandatory jail time and excessive legal fines.

If you were accused of driving under the influence of drugs of alcohol, it is imperative that you retain representation from a reputable and experienced criminal defense lawyer right away. At Henderson, Mokhtari & Weatherly, our Cleveland DUI lawyers are ready to defend your rights. Backed by over 75 years of experience, we have what it takes to pursue a positive outcome for you.

Get your free initial case evaluation today. We have been selected as some of the finest OVI lawyers in all of Cleveland by the NAFDD.

How will a DUI/OVI Affect my Car Insurance in OH?

The immediate impact of a DUI conviction—fines, court costs, licenses suspicion—are made even worse when you take into account the negative impact your DUI will likely have on your car insurance rates. There is a good chance you will be dropped by your current insurer since you now constitute a higher risk as a driver.

The convicted may be ordered to file an SR-22 form from their insurer which shows the DMV that they now carry liability insurance. Only then will a person’s license suspension be lifted by the DMV. You may also need to offer proof that you have insurance for up to five years to maintain a valid license.

DUI convictions are unique and insurance companies regard them on a case-by-case basis. If you have been convicted, you could see only a small rate increase if you have an otherwise stellar driving record. Having multiple DUI offenses on your record, on the other hand, can result in much higher increases with the possibility your insurer will drop your coverage.

Call us at (216) 369-1352 today for a free consultation!

Ohio First-Time DUI/OVI Penalties

Anyone who has been arrested for a first or multiple OVI offense will need to speak with a skilled Cleveland DUI lawyer who can improve the chances of securing a favorable outcome.

Without the right legal representation, you could be risking the following penalties for a first-offense DUI:

  • Degree of offense: misdemeanor 1
  • 3 days in jail or DIP (driver intervention program) for up to 6 months
  • Fines anywhere from $250 to $1,000
  • Alcohol/drug abuse treatment optional based on judge’s ruling
  • License suspension Class 5: 6 months to 3 years
  • Driving privileges granted 15 days after arrest

Defense For First Time OVI & DUI In OH

Charged with your first OVI? It is understandable to be frightened—driving under the influence in Ohio can lead to weighty consequences. With the help of an experienced attorney, however, you can take confidence knowing that you have an advocate who will fight for the best possible results in your case.

In more than 75 years, our Cleveland OVI lawyers at HMW Law. have helped clients seek positive outcomes in thousands of cases. As members of the National College for DUI Defense and with a founding member of the DUI Defense Lawyers Association, our legal team can provide the defense you are looking for. Additionally, we have been selected for membership in the National Advocacy for DUI Defense (NAFDD), which is an invitation-only organization set aside for some of the top DUI lawyers in the state.

Building A Defense For OVI In Ohio

It is important that you seek a criminal defense lawyer as soon as possible after receiving your first DUI charge. Our qualified legal team can help you seek favorable results throughout the entire process, beginning with your BMV hearing, and continuing through litigation. The sooner you contact our firm, the sooner we can begin developing an effective defense for your case.

We can help you avoid the following for a first-time offense:

  • 3 to 6 months in jail
  • Steep fines of up to $1,000
  • License suspension of up to 3 years
  • Other restrictions and programs
  • Criminal record

To provide an effective defense, we will thoroughly review the details of your arrest. Upon examining your charges, we can seek further evidence, investigate witnesses, or take other steps as necessary to build a strong case, which we will use to defend you in your BMV and court hearings. We can also use this information to help you combat your OVI/DUI charges. To learn more about how we can assist you, fill out a free case evaluation form.

Facing Felony Charges for Your DUI in Ohio?

A felony OVI isn’t necessarily different from other OVI/DWI charges—it is simply a point where penalties for the crime make a notable rise in severity. With HMW Law, you can retain tough defense to combat your felony. Our Cleveland felony OVI lawyers have a wealth of experience, from certified training in DWI Detection and Standardized Field Sobriety to thousands of criminal defense cases.

Additionally, we have been recognized as:

  • BBB A+ accredited law firm
  • Top 100 Trial Lawyers by The National Trial Lawyers Association
  • Member of the National Advocacy for DUI Defense, selection of top DUI lawyers

Ohio Felony OVI Laws

Sentencing for an OVI felony works in conjunction with the sentencing of a repeat offense. The statutes regarding repeat-offender specifications and OVI felonies are irreconcilable and must be considered separately when determining sentence terms.

Ohio statute outlines the following sentencing laws:

  • Third-degree felony OVIs carry discretionary sentences of 9-36 months in prison
  • Repeat-offender specifications carry mandatory sentences of 1-5 years in prison

Ohio Penalties for Felony OVI

In order to be charged with a felony OVI, you must have received three DUI convictions within the previous six years, or five convictions within the previous 20 years. If you have a felony drinking and driving charge on record, every consecutive charge will be tried as a felony.

For a felony OVI, you may face any of the following:

  • Up to $10,000 in fines and other fees
  • License suspension from 3 years to life
  • Mandatory minimum of 60 days in jail
  • Additional sentencing for a refused breath test

Our Cleveland felony OVI attorneys can help you avoid the increased penalties associated with a felony DUI charge. Whatever angle we take—whether demonstrating that your rights were violated, disproving chemical test results, or any other approach—our legal team can provide the unrelenting defense needed to help you reach a fair and favorable resolution.

Ohio Penalties for Multiple DUIs

If this is not your first offense, potential penalties could include immobilization or forfeiture of your vehicle. With our Cleveland DUI attorneys on your side, you may be able to receive restricted driving privileges that will allow you to travel to and from important places such as work.

Second Offense

  • Degree of offense: misdemeanor 1
  • 10 days jail time or 3 days jail and 3 days DIP for up to 6 months
  • Fines anywhere from $350 to $1,500
  • Alcohol/drug abuse assessment and recommended treatment mandatory
  • License suspension Class 4: 1 to 5 years
  • Driving privileges granted 75 days after arrest
  • Restricted plates optional, interlock optional at owner’s expense
  • 90 days vehicle immobilization if registered to offender

Third Offense

  • Degree of offense: unclassified misdemeanor
  • 30 days jail time or 15 days jail and 55 days HAEM(house arrest with electronic monitoring) and/or CAM (continuous alcohol monitoring)
  • Fines anywhere from $350 to $1,500
  • License Suspension class 3: 2 to 10 years
  • Driving privileges granted after 1 year
  • Restricted plates optional, interlock required at owner’s expense
  • Vehicle forfeiture if registered to offender

Fourth Through Sixth Offense

  • Degree of offense: Felony 4
  • Up to 120 days in jail or 120 days in prison with an optional additional 6 to 30 months
  • Fines from $800 to $10,000
  • Alcohol/drug abuse treatment mandatory
  • License suspension class 2: 3 years
  • Restricted plates optional, interlock required at owner’s expense

View some of our firm’s previous OVI case results.

What Is An Aggravated DUI In Ohio?

There are several types of sentence enhancements which can result in aggravated OVI charges and increased penalties depending on your specific situation. Your best defense is speaking to the firm as soon as you have been charged to begin your legal defense.

Sentence enhancements for DUI in Ohio include:

  • Extremely high blood alcohol content
  • Refusing chemical blood alcohol test such as a breathalyzer
  • Multiple DUI/OVI offenses
  • Speeding
  • Reckless driving
  • Causing an accident, injury, or property damage
  • Intoxicated driving with a minor in the vehicle

Any of these factors can increase the fines and jail time of your DUI. All the more reason to have an award-winning Cleveland aggravated DUI lawyer at your side who can advise you and contest your OVI arrest in the first place.

Cases We Handle

OVI & DWI Defense You Can Depend On

Common DUI Defenses in Ohio

Collect Official Paperwork From Your Arrest

Obtain copies of police reports related to your DUI incident. You should also keep any citations, bonding paperwork, court information, license suspension paperwork, and the results from any tests that you have been administered. Keep these documents in safe and secure location. They could be vital to your case.

Remember Specific Details Leading Up to Your Arrest

You should be prepared to explain what you were doing before being stopped by police. If you were drinking, be ready to specify where and how much. Ask yourself: “Did the police explain my rights and the possible consequences of refusing to take a sobriety test?” Try to remember details about how the test was conducted. This includes whether or not you agreed to field sobriety testing, where and when was the test was performed, and what type of test was given (breath, blood or urine)?

Statements Made by Law Enforcement About Your Arrest

Just as a prosecutor will use whatever you say at the time of your arrest against you, your lawyer can do the same to the arresting officer as part of your DUI defense. What an officer said, or didn’t say, might have coerced you into self-incrimination.

Call us today to receive close, compassionate legal assistance that you deserve from our Cleveland DUI lawyers. We will provide you with a risk-free consultation.

Work with a Distinguished & Reputable Legal Team

At Henderson, Mokhtari & Weatherly, our Cleveland DUI lawyers have experience in handling complex cases at all levels of court, including municipal, state, and federal trials. Prosecutors and judges in the legal community know and respect us for our zealous representation tactics, meticulous investigative techniques, and aggressive defense strategies.

Our Cleveland DUI attorneys have proudly defended thousands of cases and are confident that we can bring the same level of tenacity to help reduce, dismiss, or gain acquittal for your charges.

Regardless of the circumstances surrounding your case, we can exhaust every avenue of investigation to determine the strongest way to defend your rights, interests, and freedoms. From dismantling the prosecution to challenging OVI evidence, we know how to use even the most incriminating evidence as leverage to bring your case to a favorable resolution.

Get the Representation You Need for Your OVI Case

Henderson, Mokhtari & Weatherly understands that you may be faced with the reality of an incredibly life-changing criminal accusation. With our legal team on your side, you will receive the high-quality legal representation needed to get through this time. From license hearings to trial litigation, our Cleveland DUI attorneys can help you successfully navigate the complexities of the justice system. An arrest is one of the most overwhelming times in your life, but we stand ready to provide you with the answers that you need for your peace of mind.

Representing DUI Cases in Cleveland, OH

Memberships

  • Members of the National College for DUI Defense
  • Membership in the National Advocacy for DUI Defense (NAFDD)
  • Founding member of the DUI Defense Lawyers Association

Awards

  • National Advocacy for DUI Defense Top 100 DUI Attorney
  • National Honors in Trial Advocacy by the Order of Barristers
  • Top 100 Trial Lawyers by the National Trial Lawyers Association

Certified Training

  • National Highway Traffic Safety Administration Certified Training
  • International Association of Chiefs of Police Certified Training
  • DWI Detection and Standardized Field Sobriety Certified Training

Case Results

Your Win Is Our Win

  • OVI Fourth OVI – Case Dismissed
  • OVI OVI – Case Dismissed
  • OVI Multiple Charges – Not Guilty
  • OVI OVI Charge – Not Guilty