OVI DUI


What is OVI/DUI?
Operating a Vehicle While Intoxicated (“OVI”) is the new name for driving under the influence (DUI) in the State of Ohio. The charge constitutes the criminal offense of operating a motor vehicle while impaired by drugs or alcohol, or operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Ohio also has a high tier OVI, where the penalties are enhanced for elevated BAC concentrations. In the state of Ohio, OVI is considered a serious offense that can lead to harsh legal consequences if the person is convicted.

Ohio’s penalties for OVI convictions are severe. Even for first time offenders there is a mandatory jail component, a mandatory fine, and a mandatory driver’s license suspension. OVI convictions can result in incarceration, compulsory participation in treatment, restricted driving privileges, and the requirement of the yellow and red OVI license plates. For individuals with multiple offenses, the penalties increase exponentially. OVI convictions are non-expungable; they will remain on an individual’s adult record for life. As such, there are serious collateral consequences.

Retaining a skilled and aggressive OVI attorney is of vital importance. Scott A. Rubenstein has extensive experience handling OVI cases at all levels–from low-tier first offenses to felony charges with multiple offense specifications. Mr. Rubenstein has also handled numerous OVI appeals. As a former Assistant Hamilton County Prosecutor, Mr. Rubenstein has experience evaluating and litigating OVI cases from both sides. He has handled OVI cases at every stage. Mr. Rubenstein has vast experience pursuing complicated pre-trial Motions, and he is extremely adept at preparing OVI cases for trial and tying them to a judge or jury.

To help Mr. Rubenstein identify potential flaws in OVI cases and to aid him in effective and concise cross-examination of arresting officers, he has received extensive instruction in OVI enforcement. Mr. Rubenstein has successfully completed the National Highway Traffic Safety Administration (NHTSA) and the International Association of Chiefs of Police (IACP), DWI Detection and Standardized Field Sobriety Testing Student Course. This is the same training administered by the Ohio State Highway Patrol and police departments and academies all over Ohio. Trained by certified instructors, Mr. Rubenstein is qualified to administer field tests, and he has intimate knowledge of the latest version of NHTSA’s DWI Detection and Standardized Field Sobriety Testing Manual.

Mr. Rubenstein has also received comprehensive training relative to both the Intoxilyzer 5000 and the BAC Data Master breath testing device. His familiarity with how the machines work, and with the concomitant Ohio Administrative Code regulations, allows him to scrutinize every aspect of an OVI arrest. This combined with his command of the Standardized Field Sobriety Testing rules and regulations, and his appellate experience, makes him a powerful advocate for persons accused of OVI.

Due to the life-altering legal consequences that are involved, it is always in a person’s best interest to obtain the services of an OVI defense attorney who has the legal background and knowledge it takes to successfully fight OVI charges. If you or a loved one has been charged with an OVI offense, do not hesitate to call The Law Offices of Scott A. Rubenstein at (513) 241-7460. He can evaluate your case and advise you of your legal options.

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