drunk driving charge is known as Operating a Vehicle under the Influence, or OVI, under Ohio criminal law. This is a serious charge that can land you in jail and without a driver's license for a long period of time. There are quite a few variables that determine OVI penalties, many of which are determined by the courts, the judge and whether or not you submitted to chemical tests. An OVI in the State of Ohio states that it is against the law for any person to operate or attempt to operate a vehicle while under the influence of alcohol, drugs or any other substance which causes them to be impaired. It is a separate charge if the driver’s blood alcohol concentration (BAC) level exceeds .08%. In the event that an individual’s BAC is lower than the legal limit, he/she could still be charged for an OVI if signs of impairment which raise suspicion of alcohol or drug consumption are shown. If the BAC is above 1.7, penalties worsen. Once suspicion has been raised by a law enforcement agent, obvious questions about drinking will likely be asked and a driver may be asked to complete a series of field sobriety tests. You do not have to submit to these tests and can kindly refuse to take them. However, by law, you will be required to complete a chemical test if arrested. Choosing to refuse this test, or tests, in the state of Ohio will result in an Administrative License Suspension (ALS). If requested by an arresting officer to take more than one test, such as breath and blood, you must submit to both. A driver may not choose which test he/she will submit to. If one is refused, the ALS will immediately be enacted. Any driver who holds an Ohio driver’s license is holding an agreement of sorts which states that they will abide by the state’s consent law when OVI – What You May Not Know A they accept their license. If a chemical test is refused, an ALS equals an automatic 12-month license suspension from the Bureau of Motor Vehicles upon conviction. For a first OVI offender, occupational privileges may be obtained after 30 days. When obliging to take the chemical tests, occupational privileges may be granted after15 days, and the sentence may be as short as six months. When talking with Beachwood Police Chief Keith Winebrenner, he told us that individuals are generally pulled over for some other violation, like weaving, speeding or crashing a red light. Once pulled over, if there is reason to believe that drugs or alcohol played a part in the behavior, a field sobriety test, including a horizontal gaze nystagmus test, which can't be faked, will be performed. Additional tests, some of which require divided attention, include a one-leg stand test or walking a straight line. Additionally, alphabet or finger dexterity tests may be instituted. Chief Winebrenner explained, “In addition to seeing how someone physically performs field sobriety tests, we observe their ability to follow instructions. Is their speech slurred? Can they find their driver's license? When asked questions, are they confused?” Chief Winebrenner went on to explain that when someone is impaired, it is hard to multi-task or divide his attention. That's why someone may be stopped for speeding – or swerving. When focusing on speed, chances are that they'll swerve. When focusing to stay in their lane, speed is often ignored. When pulled over, there are typically two officers and everything is recorded and shown in court. The car gets towed, and in Beachwood, which uses the Shaker Heights Court, the bond is typically set at $10,000, which means you need to come up with $1,025 to be released. To release yourself, officers will detain you for at least four hours or until it's safe to be released due to the impaired state. Additionally, whether you submitted to or refused a test, you will leave without a license. Within five business days, a court date is assigned to deal with driving privileges. Until this date, there are no privileges. At this time, the judge can give limited privileges for school, work and medical if he/she chooses to. Then, a pre-trial hearing is set. You enter your plea – guilty, not guilty or no contest. Guilty means just what it says, and you have nothing to say. Not guilty means a trial date will be set. No contest means you're accepting a finding of guilty but leaving yourself at the mercy of the judge. There are more specifics depending on circumstances. Attorneys and prosecutors may make a deal to negotiate charges, but it is rare that a case gets thrown out. If stopped in Beachwood for a first offense, fees are determined by the judge. The maximum penalty is $1,075 with 30 days in jail. Twenty-seven days are often suspended, and three can sometimes be traded in for an intervention program. Additionally, six points will be tacked on your license. In recent years, there has been a large uptake in the number of drug-related OVI's, most of which are the result of prescription drugs, in which case a blood test is required rather than a breath test. Again, if refused, an ALS will be slapped on. In Beachwood, there were 105 OVIs in 2014. The cost of an OVI runs into the thousands. In addition to the fees mentioned above, there are costs to get your car out of the impound lot, attorney fees, court costs, license reinstatement fees and increased insurance costs. If you've had an OVI, didn't hurt yourself or anyone else, and are reading this article, count your blessings and take it as a warning sign. If you haven't, make smart decisions when it comes to drinking and driving. One poor decision can change lives. Disclaimer: This article is not meant to be used for legal purposes. Situations and circumstances vary. For complete information, if needed, contact an attorney. If a chemical test is refused, An ALS equals an automatic 12-month license suspension from the Bureau of Motor Vehicles upon conviction. The car gets towed, and in Beachwood, which uses the Shaker Heights Court, the bond is typically set at $10,000, which means you need to come up with $1,025 to be released. If stopped in Beachwood for a first offense, fees are determined by the judge. The maximum penalty is $1,075 with 30 days in jail. Additionally, six points will be tacked on your license. 16 Beachwood Buzz n April 2015