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Ohio
Dui Law
If
you drink and drive, you are committing a serious crime
which has swift and sure consequences that are hard
to ignore. If you are stopped for drunk driving in Ohio
and you refuse to take the sobriety test, or if your
test results exceed the legal limit of Blood Alcohol
Concentration (BAC), the officer can take your driver's
license on the spot, and the suspension begins immediately.
Ohio Dui Law is quite complicated. There are really
two laws that apply to DUI. One, "Driving Under
the Influence," bases conviction upon the observation
of physical indications that historically point to alcohol
influence. Another, "Driving with a Prohibited
Level of Alcohol in Breath, Blood or Urine," addresses
your driving any vehicle with a prohibited level of
alcohol in your breath, blood or urine.
Driving
Under the Influence - The first Ohio Dui Law, states
it is illegal to drive while under the influence of
alcohol, drugs or both. No scientific tests are necessary
and, ordinarily, this violation is based upon a police
officer's observations of your driving, physical appearance,
and responses to what are called "field sobriety
tests" - a series of tests prescribed to test your
mental and physical abilities. Generally, a conviction
of this law is based upon testimony of the arresting
officer and other witnesses who had an opportunity to
observe you.
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Driving
with a Prohibited Level of Alcohol in your Breath, Blood
or Urine - The second Ohio Dui Law for which you can
be charged is the so-called "per se" violation.
In effect this law states, notwithstanding your ability
to pass physical dexterity tests, you are not permitted
to drive with a prescribed level of alcohol in your
breath, blood, or urine. This is the Ohio Dui Law, that
mandates you can not drive a vehicle with a level of
.08 or more of alcohol in your breath. Blood and urine
have different mandated levels, but these tests are
used so infrequently, I will limit my discussion to
breath tests.
The
penalties for being convicted of DUI can be quite sever.
The severity of your penalties depends upon the number
of DUI convictions within the past five years. In addition
to the mandatory jail time and fine, other costs , which
can be equally devistating, accompany a DUI conviction.
These include court costs, increased liability insurance
rates, employment problems, and professional counseling
fees. New Ohio Dui Law also dictates other penalties,
notwithstanding those related to a DUI conviction. These
include the "Administrative License Suspension,"
and mandatory vehicle confiscation. In addition to the
sever penalties and license suspension, the state mandates
the immobilization or seizure of your vehicle after
multiple convictions of DUI.
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