Getting charged with operating a vehicle under the influence (OVI) is serious enough, but certain factors can worsen your situation. If you’re pulled over on suspicion of drunk driving, knowing what can escalate your charges is crucial.
Here are some of the aggravating factors that can lead to harsher penalties, longer license suspensions and even mandatory jail time.
1. High blood alcohol concentration (BAC)
Ohio sets the legal BAC limit at 0.08%, although the threshold is lower for some drivers. The higher your BAC, the more the court sees you as a danger on the road. For instance, if your BAC is more than 0.17%, you may be in for enhanced penalties if convicted.
2. Prior OVI convictions
If you’ve been convicted or pleaded guilty to an OVI before, the court won’t go easy on you. Ohio treats repeat offenders seriously, and a second or third OVI charge can significantly enhance your sentence. Generally, the penalties increase with each offense.
3. Having a minor in the vehicle
Driving while drunk is bad enough, but doing so with a child is a sure way to aggravate your charges. The law treats this as child endangerment, which could add additional prison time and require mandatory counseling or parenting classes. It may also trigger an investigation by child protective services.
4. Causing an accident or injury
If your impaired driving led to a crash, especially one that caused injuries or death, your charges could escalate to a felony. Depending on the severity of the accident, prosecutors can push for stricter penalties, including years in prison.
The stakes are ever high when it comes to OVI charges in Ohio, and the justice system can be unforgiving. Even a seemingly minor mistake like refusing a breathalyzer can drastically impact your case. This is why having legal guidance is crucial. It can help you handle the complexities of the situation and work towards the best possible resolution.