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Will I Go to Jail for a First Time OVI?

25 August 2022 by Jo Rodriquez

Your first OVI might lead to serious criminal charges and each subsequent OVI can be even more devastating legally. You may spend a good portion of the year in jail and you might also have your driver's license suspended. However, this depends on the facts of the case and whether you are working with a competent OVI lawyer.

First Time OVI Offenses

In many states, the first OVI leads to a misdemeanor. A misdemeanor sentence might seem long, but lasts less than a year. Longer jail sentences are considered to be felonies. However, when entering a plea deal, you might be able to avoid jail time if you participate in a driver intervention program.

How an OVI Can Affect Your Ability to Drive

You might have your driver's license suspended. However, it might also be possible to avoid this if you can have an ignition interlock device installed. This is a device that is meant to prevent your car from being operational unless you breathe into the device to confirm that you have not been consuming alcohol. Doing so will allow for the engine to start. 

Depending on the state in which you reside, you might also end up having points added to your license. If this is the case, you will then have your license suspended if you accumulate too many points.

Why You Need an OVI Lawyer

Fortunately, it's possible to avoid OVI charges altogether if you hire a competent lawyer. After you have been arrested, you will have the right to request the counsel of a lawyer. When you are pulled over for a suspected OVI, you might perform a breathalyzer test and you might not be able to pass the test. However, there are still steps that you can take to have your charges reduced or dismissed.

How to Avoid Jail

In many states, a DUI might come with a mandatory minimum. If this is the case, there will be limits to how much your OVI lawyer will be able to help you reduce your charges. However, an OVI lawyer might be able to explain the alternatives to jail that are available to you. 

You are most likely to be given an alternative sentence to jail if your OVI lawyer is able to build a strong case. For example, your OVI lawyer may be able to successfully file a motion to suppress evidence if your rights have been violated.

for additional information about OVI cases, contact an OWI attorney in your area today.

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