Drivers with a blood alcohol concentration (BAC) level above .08% will be charged with operating a vehicle under the influence (OVI). However, this is only true if the driver’s BAC levels are between .08% and .16%. Any driver with a BAC level above .16% could be charged with a super DUI.
Understanding Super DUI Charges in Ohio
A super DUI is an elevated OVI offense under Ohio Revised Code Section 4511.19. Your BAC levels must be at or greater than .17% to be charged with a super DUI. This is more than double the legal limit of .08%.
To determine your BAC levels, police may request that you take a breath, blood, or urine test. Ohio also has implied consent laws, so you will be required to submit to this chemical blood alcohol testing if you hope to avoid being found in violation of those laws.
Higher Penalties for Super DUI vs. Other Charges
The penalties could be significantly worse when you are charged with a super DUI. The penalties for a first-time OVI offense with blood alcohol concentration levels between .08% and .16% include:
- Fines as high as $1,075
- As much as six months in county jail
- Suspension or revocation of your driver’s license for a maximum of three years
- Installation of an ignition interlock device (IID) at your expenses
- Completion of a drug or alcohol treatment program
- Completion of a driver retraining program
- Mandatory restricted plates
Repeat Offenses and Other Consequences
However, these penalties will only increase with habitual convictions and high BAC levels. You could face mandatory jail time, probation fees, and other collateral consequences if found guilty.
Your professional licenses could be suspended or revoked, you could lose custody or visitation rights of your children, and face deportation and immigration issues if you are not a U.S. citizen.
Ohio Implied Consent Laws
It is not uncommon for drivers to be asked to submit to a breath test. Ohio’s implied consent laws require all drivers arrested under suspicion of driving under the influence to give their consent to a breath, blood, or urine test to calculate their BAC levels.
Anyone refusing to submit to BAC testing is subject to license suspension. The length of time your license will be suspended can vary widely depending on whether you are a prior OVI offender or have previously refused to submit to BAC testing.
Defenses to Super DUI Charges in Ohio
Your attorney will closely evaluate the circumstances of your case to determine which defense is most likely to produce a favorable outcome in your case.
First-time offenders might be eligible for a pretrial diversion program if there were no injuries. However, you will need to be prepared to meet the terms of the program or risk facing criminal penalties. If you are not eligible for pretrial diversion or a plea agreement, your attorney will analyze your defense strategy options.
Some potential defenses could include:
- The defendant was not in actual physical control of the vehicle
- The breathalyzer was not calibrated or administered correctly
- Police did not have probable cause to arrest the defendant
- The defendant has a medical condition that caused their BAC tests to come back invalid
- Law enforcement officials contaminated the BAC test
- Breathalyzer technicians did not carry valid certification under the law at the time they ran your BAC test
How a Lawyer Can Help Fight DUI Charges
Your lawyer can help you understand the potential penalties you are facing, the evidence the state has gathered against you, and discuss possible defense options.
You do not have to go through this challenging time in your life alone. You deserve a defense that can give you the attention you deserve when your freedom is on the line. Make sure you have a dedicated Cincinnati criminal defense attorney working for you.
Get Help from a DUI Lawyer in Cincinnati Today
Super DUI charges could have a devastating effect on your life. If you hope to avoid the harsh penalties of a conviction, it is vital to clear your name of the charges against you. Get help protecting your criminal record and your future.
Contact an experienced Cincinnati DUI lawyer at Luftman, Heck & Associates today. Our firm is proud to offer no-cost, risk-free consultations to individuals facing OVI and Super DUI charges across Cincinnati and nearby cities. Claim yours by completing our secure contact form or calling our office at (513) 338-1890.