Franklin County, Ohio – OVI Penalties, First Degree Misdemeanor

Charge: OVI, First Degree Misdemeanor (maximum 180 days in jail and $1,000 fine).

Facts: Client was pulled over for allegedly bringing his vehicle to a complete stop on a Columbus highway, and for a marked lanes traffic violation after he allegedly drove outside marked lanes on a public road. Client was subjected to several field sobriety tests (FST’s) by law enforcement officers. Client performed the FST’s in part. After refusing one of the FST’s, the client was arrested for drunk driving, taken to the police station and asked to take a breathalyzer test. Client refused to take the breathalyzer test.This was Client’s 2nd OVI offense within 6 years and, therefore, he was facing the possibility of 20 days in jail if convicted.

Result: At the arraignment, Client received an offer to serve 10 days in jail in exchange for his guilty. After turning down the offer, I pled my client not guilty and decided to continue negotiations with the assistant prosecutor assigned to the case. After filing a motion to suppress and continued negotiations, I was successful in obtaining an offer from the assistant prosecutor for a stipulated 1st OVI offense with 1st OVI penalties, in exchange for Client’s guilty plea. Client was sentenced to serve 3 days in a Driver Intervention Program (DIP) and spent no time in jail for the OVI offense.