how long after an accident can you be charged with a dui in ohio
Ohio is amongst the strictest states in the U.S when it comes to driving under the influence (DUI). Therefore, if you have been involved in an accident, you should know how long after can the state charge you with a DUI. While the answer to that question isn’t straightforward, it is possible to be charged with a DUI even several weeks or even months after the crash.
It is important to understand the different stages of a DUI in Ohio in order to get a clear answer to your question. Firstly, a person drives in a negligent or reckless manner that results in a traffic accident constitutes an OVI or Operating a Vehicle under the Influence. This particular claim has the highest possible penalties as it carries with it both civil and criminal penalties. Secondly, the state imposes a blood alcohol limit to prove if the driver was under the influence before the accident or not. If the limit is exceeded, the driver is cited for a DUI.
Thirdly, an individual can be charged with an OVI and DUI even after the accident, even if traces of alcohol are found in the driver’s system weeks or months after the incident. This is because failing any kind of test, be it breathalyzer or blood test proves that the driver was under the influence while operating the vehicle. What’s more, refusing to take a test increases the suspect’s chances of being charged for DUI.
Fourthly, even if the person wasn’t found to be intoxicated at the time of the accident, authorities can later look at medical records to see if there were any impairing substances or alcohol in the driver’s system at the time of the crash. Ohio is one of the states that accept medical records as solid proof in court for a DUI charge.
Fifthly, if the OGSR or Occupant Protection with Restraint was turned off at the time of the crash, and it’s found that the driver was under the influence, the person can be charged with a DUI. Thats because the OGSR is active in order to protect the occupants from being injured upon the force of impact.
Consequently, if you are facing a DUI due to an accident in Ohio, seek the help of an experienced criminal defense lawyer to help you battle the charges against you. The attorney will work on your behalf to either obtain a favorable outcome for you or reduce the penalties. However, it is important to remember that refusing field sobriety tests, breath tests or any other chemical tests can lead to serious charges, so it is in your best interest to cooperate with authorities during the investigation.
The consequences of a DUI conviction in Ohio are severe depending on the amount of damage inflicted from the crash and the blood alcohol content of the driver at the time of the accident. While minor DUIs can result in fines and loss of license, repeated offenses and DUIs with high BAC can result in jail time, hefty fines, revocation of license and even a longer jail term.
To summarize, in Ohio, a person can be charged with DUI or OVI up to several weeks or months after an accident. Evidence such as medical records used to detect any impairing substances in the driver’s system, and the driver’s refusal or failure of sobriety tests can be used as proof against him/her. The penalties of DUI in Ohio are severe and can range from suspensions to jail time, so it is important to understand the state’s laws and act accordingly if you are ever caught in a DUI situation.