I know I messed up so in my eyes theres no point in fighting it. However I do travel for my job and I would like to ask for driving privileges if not 24-7 privileges with the breathalizer to start the vehicle then atleast work priveleges. Will I be able to get these with out a Lawyer?
Actually, there may be lots of reasons to fight your case. OVI's are non-expungeable in Ohio so a conviction on your record will never go away. Depending on what court you are dealing with will determine the privileges that are granted.
Your post lists Lebanon, OH - there are 2 courts in Lebanon, the Warren County Court and the Lebanon Municipal Court. Which are you dealing with? At the very least, I would recommend sitting down with an attorney who is known for FIGHTING OVI charges - that is actually a short list in that neck of the woods.
Also, while you tested over the limit, there are lots of issues to review which may be used to initially challenge the admissibility of the test, or to later challenge the reliability of the result.
Were you tested on the BAC Datamaster or the Intoxilyzer 8000? This is important to know as there are different ways to challenge each. You need to talk to an aggressive OVI lawyer now!
Michael Anthony MarroccoDUI / DWI AttorneyDelaware, OH ·
I would agree with Mr. Meadows' comments and would add that while you may consider first offense OVI penalties to be benign and are willing to fall on the sword, the penalties for subsequent offenses become increasingly severe. A second offense in 6 years can carry 10 or 20 days minimum mandatory jail time depending on whether you test, or the level of the test. A third offense in 6 years can carry at a minimum 30 or 60 days mandatorily.
Nobody expects to pick up a second offense, but alas, it does sometimes happen.
The subsequent offenses are often harder to handle as you're less likely to get a deal and the issue of a prior may be able to be presented to a jury.
You will not get another chance to fight this charge and you should be fully informed of your rights, defenses and have someone investigate the efficacy of the machine you tested on. In other words, you most definitely should have competent counsel at the very least, review your charge with you and the facts the State alleges supports that charge.
The short answer to your question is that you most likely be able to obtain such privileges. A longer answer is that you should always "fight" or defend an OVI (DUI) charge. Many times, mistakes are made and devices used to measure your Blood Alcohol Content (BAC) are not accurate. I would highly suggest that you contact an attorney to review your case before pleading guilty. An OVI (DUI) conviction can have a long lasting and, most times, unforseen consequences.
