FREQUENTLY ASKED QUESTIONS

Have a question about the law? We've compiled some of our most common client inquiries below. If you still can't find what you need, feel free to give us call!

FAQ

The penalties for refusing to take a breathalyzer test in Ohio depend on the severity of the drunk driving charge. A first offense typically results in a license suspension, while subsequent offenses may lead to jail time. It's important to note that even if you refuse to take the breathalyzer test, you can still be convicted of drunk driving based on other evidence, like field sobriety tests or witness testimony. Therefore, it's always best to cooperate with law enforcement and take the breathalyzer test if asked.
If you fail a breathalyzer test, the police will arrest you and take you to jail. You will likely be charged with a DUI (driving under the influence), which is a criminal offense. The penalties for a DUI can include jail time, fines, and suspension of your driver's license.
The possible outcomes for felony drug possession in Ohio include a prison sentence, a fine, or both. The specific penalties will depend on the class of drug involved and the amount possessed. For example, possession of a Schedule I or II substance is punishable by up to eight years in prison and/or a $15,000 fine. However, if the offense is committed in the proximity of a school or minors are involved, the penalties can be increased. Anyone convicted of drug possession will also face mandatory Driver's License Suspension for six months up to five years. Additionally, those with prior drug convictions may be classified as Habitual Offenders and subject to harsher penalties accordingly.
A DUI checkpoint is a roadblock that law enforcement officers set up to stop drivers and check for signs of alcohol or drug impairment. Officers may also check for valid driver's licenses and proof of insurance. During a checkpoint, drivers are typically asked to show their driver's license, proof of insurance, and registration. Officers may also ask drivers to step out of their cars and perform field sobriety tests. If an officer suspects that a driver is impaired, the driver may be arrested.
Once you are in line at a DUI checkpoint and an officer sees you, you cannot turn around, otherwise you would be committing another traffic infraction.
Yes, you can get a CDL with a DUI in Ohio. However, the DUI will likely prevent you from getting your CDL for a certain amount of time. Speak to an attorney to determine how long the suspension will be.
Any person who has been convicted of or pleaded guilty to a felony charge, or any person who is under indictment for a felony charge, is not eligible for a CCW in Ohio. There are several other factors that may disqualify an applicant from receiving a CCW in Ohio, including but not limited to having been convicted of or pleaded guilty to certain misdemeanor offenses or being subject to a protection order. Applicants must also be at least 21 years old and have no record of mental illness or drug addiction.
There is no definitive answer to this question as it can vary depending on individual circumstances. However, domestic violence generally refers to any type of abuse or mistreatment that occur between family members or intimate partners. This can include physical, sexual, emotional, and economic abuse. In Ohio, there are several laws that specifically address domestic violence. For example, the state has a law that prohibits Partners Against Violence (PAVE), which is a civil protection order that can be filed by anyone who is a victim of domestic violence or who is afraid of becoming a victim. There are also laws that make it a crime to violate a PAVE order and make it easier for victims to obtain temporary housing and other services.
It depends on a number of factors, such as the severity of your DUI, your criminal history, and the particular lawyer's experience and track record. Generally speaking, however, getting a lawyer for a DUI can be very helpful in getting the best possible outcome for your case. Some lawyers specialize in DUI cases and have extensive knowledge of the laws and court procedures related to DUIs. They can often negotiate with the prosecutor to get reduced charges or lesser penalties, or even win the case outright. Having an experienced lawyer on your side can make all the difference in whether you end up with a criminal record or not.
There are three types of burglary in Ohio: aggravated, entrancing, and unimproved. Aggravated burglary is a first-degree felony in Ohio. The penalties for aggravated burglary include a prison sentence of up to 11 years and a fine of up to $20,000. The crime of aggravated burglary requires that the offender break into an occupied structure with the purpose of committing a felony once inside. It is important to note that the occupant does not need to be present for the crime to be considered aggravated—if the offender believes that someone is home, it is still aggravated burglary.
The legal blood alcohol level in Ohio is 0.08%. This means that if you are caught driving with a blood alcohol level above this amount, you will be charged with DUI. However, please note that this is the legal limit and does not mean that it is safe to drive at this level. If you are caught driving with a blood alcohol level above 0.08%, you will be subject to the penalties for DUI, which can include jail time, fines, and the loss of your driver's license.
No, it is not illegal to have a weapon in the car. Prior to the HB215, you could keep a gun in your car with the bullets secured separately. As soon as this bill goes into effect, you will be able to carry a concealed weapon in the car. There are some caveats to this so you should reach out to a concealed carry lawyer for more specific questions.
The personal contact phase is the most important phase of an OVI stop. Regardless of anything else, what is captured on a video cannot be unseen.
Yes, it is possible. National Highway Safety and Patrol (NHTSA) governs how law enforcement is to administer Standard Field Sobriety Tests (SFST's). If they do not follow proper standards, there is a chance to get out of an OVI.

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