Were you arrested for a DUI? The Sandusky police, prosecutors, and judges take operating a vehicle under the influence – OVI – of alcohol or drugs very seriously. And whether it’s your first, second, or third OVI, you’re facing a misdemeanor conviction and some harsh penalties.
After an OVI arrest, the best thing you can do is call a Sandusky DUI lawyer at Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA. There’s always hope that you can beat the charges or minimize the penalties. But it takes an experienced attorney handling your case to win the best possible outcome.
For a free and confidential consultation to discuss your case, call (419) 625-7770.
Drunk Driving Charges in Sandusky, Ohio
The Sandusky Police Department, Erie County Sheriff’s Department, or Ohio State Highway Patrol will arrest you for a DUI/OVI if you:
- Are under the influence of alcohol, drugs, or a combination of them
- Have a blood alcohol concentration of 0.08 or higher
- Have any amount of an illegal drug in your system
Police can hold you in the Erie County Jail or the Sandusky County Sheriff’s Office and Jail until they release you or require you to pay bail.
Just because the police arrest you or the prosecutor moves forward with charges doesn’t mean there’s no hope. Hiring a Sandusky DUI lawyer is the best way to give yourself a chance to beat the DUI charges or keep your license.
BAC Limits in Ohio
The 0.08 BAC limit is for drivers over 21-years-old in their vehicles. If you’re under 21, Ohio has a zero-tolerance policy. You can be charged with an underage OVI if you have a BAC of 0.02 or higher. If you have a Commercial Driver’s License and were in a commercial vehicle, your BAC limit is 0.04.
What To Know About DUI Testing in Sandusky
Ohio has an implied consent law. By having a driver’s license, you’ve already agreed to chemical BAC tests if arrested for a DUI. It also means you lose your license for at least one year the first time you refuse to take a chemical test. Subsequent refusals lead to longer suspensions.
This law applies to tests after you’re arrested and not during the traffic stop before your arrest. However, during the stop, the officer will likely ask you to blow into a breathalyzer, a preliminary breath test. You can refuse, but an officer might arrest you if there is other evidence that you’re impaired. They can arrest you based on observations, such as smell, answers to questions, bloodshot eyes, slurring your words, lack of balance, or alcohol containers in the car.
After your arrest, the office will ask you to submit a breath, blood, or urine sample. If you refuse, there are consequences, and the prosecutor can use your refusal against you in court. The officer also might obtain a warrant for a blood sample.
Most people think these tests are foolproof. But a lot can go wrong with these tests and make the results unreliable. The best way to scrutinize the test results and prove they’re inaccurate is to work with an experienced Sandusky DUI attorney.
The Sandusky DUI Process
The DUI process in Sandusky, Ohio, starts with the arrest, being booked into jail, and then your release. The next step is your arraignment within five days of your arrest. It’s your initial court appearance where you’ll hear the charge against you and enter a plea. The courthouse is located at 222 Meigs St. in Sandusky.
To fight your OVI/DUI charge, you should enter a not guilty plea. If you haven’t contacted a lawyer before your arraignment, call Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA. Our Sandusky DUI lawyers can get to work right away.
We’ll immediately ask for an administrative hearing about your administrative license suspension. This is a civil penalty separate from your criminal OVI case. You lose your license if you test over the legal limit or refuse to take a chemical BAC test, and we only have 30 days to appeal. The suspension can be between 90 days and five years, depending on your DUI history.
We’ll thoroughly investigate your case and gather evidence. The better we know the facts, the better we can build your defense. We might push the prosecutor to lower the charges to a wet reckless. We might fight for the charges to be dropped or dismissed entirely. If the charges move forward, we’ll discuss accepting a plea or fighting your OVI in court.
Potential OVI/DUI Penalties
A DUI conviction in Sandusky is not to be taken lightly. The potential penalties include minimum and maximums for jail time, probation, and license suspension. It helps to talk with a Sandusky DUI lawyer about what happens if the court convicts you.
First OVI, First-Degree Misdemeanor
- Three to 180 days in jail
- Fines up to $1,075
- One to three-year license suspension
- Possible DUI “Party Plates”
- Possible ignition interlock device
- Possible alcohol and drug assessment
Second OVI, First-Degree Misdemeanor
- 10 to 180 days in jail
- Possible house arrest with electronic monitoring
- Fines up to $1,625
- 90-day vehicle immobilization
- One to seven-year license suspension
- DUI “Party Plates”
- Ignition interlock device
- Drug and alcohol assessment and possible mandatory treatment
Third OVI, First-Degree Misdemeanor
- Between 30 days and one year in jail
- Possible house arrest with electronic monitoring
- Fines up to $2,750
- 90-day vehicle immobilization
- Two to 12-year license suspension
- DUI “Party Plates”
- Ignition interlock device
- Drug and alcohol assessment and treatment
- Alcohol monitoring
Fourth OVI, Fourth-Degree Felony
- Between 60 days and 36 months in jail or prison
- Fines up to $10,500
- 90-day vehicle immobilization
- Three years to life license suspension
- DUI “Party Plates”
- Ignition interlock device
- Drug and alcohol assessment and treatment
- Alcohol monitoring
Harsher Penalties for a High BAC
If your urine, breath, or blood test shows a BAC of 0.17 or higher, you face even harsher penalties and sometimes mandatory time in custody. If this applies to your OVI charge, your best option might be to mitigate the consequences. We can fight for you to serve the minimum jail time and get your license back as soon as possible.
Avoiding Mandatory Jail Time
Ohio OVI convictions come with mandatory jail time. But there is a way to avoid it. The court may allow you to participate in a 72-hour Driver Intervention Program instead of spending three days in jail. There are some local programs in Sandusky, including:
Second Chance Counseling Center
Comfort Inn Sandusky
5909 Milan Rd.
Sandusky, OH 44870
Bayshore Counseling Services-ATAC Driver Intervention Program
Holiday Inn
5513 Milan Rd.
Sandusky, OH 44870
