Aggravated Vehicular Assault

Police officers, sheriff’s deputies, and state highway patrolmen don’t normally charge a driver with criminal charges unless there are aggravating circumstances. For example, if a driver causes serious physical harm to another person while drinking and driving or operating a motor vehicle under the influence of alcohol or drugs, the driver may face a charge of aggravated vehicular assault. If you have an Ohio DUI case or aggravated vehicular assault charge, you should consider talking to a top Ohio DUI lawyer to see if he can get the case dismissed or reduced to a lesser offense. The penalties on these pages only apply to drivers who are convicted of DUI/OVI or traffic-related criminal offense. An experienced Ohio DUI lawyer may be able to prevent that from happening.

In Ohio, Aggravated Vehicular Assault is a Very Serious Criminal Charge. A Conviction Brings the Following Potential Penalties:

• A mandatory prison sentence
• Expensive fines
• Mandatory suspension of Ohio driver’s license
• Points on one’s driver’s license
• Disqualification of Ohio CDL
• A permanent criminal record
• Loss of job
• Liability in a civil lawsuit
• Increased vehicle insurance rates

Specific Types of Ohio Aggravated Vehicular Assault Convictions

Depending on a number of factors, aggravated vehicular assault is sometimes charged as a felony of the second degree and sometimes it’s charged as a felony of the third degree. The ways in which aggravated vehicular assault can be charged in Ohio, along with the corresponding penalties, are as follows:

Aggravated Vehicular Assault as a Felony of the Third Degree

Aggravated vehicular assault is a third degree felony  when the driver is convicted of causing serious physical harm in an Ohio traffic accident while drinking and driving or driving under the influence of alcohol or drugs. Upon conviction, the possible sentence includes a mandatory prison term of up to five years, a maximum fine of $10,000, and a mandatory Ohio DUI/OVI license suspension that could last for the duration of the driver’s life.

Aggravated Vehicular Assault as a Felony of the Second Degree

Aggravated vehicular assault is a felony of the second degree when the driver is convicted of causing serious physical harm in an Ohio traffic accident while committing a DUI/OVI offense, drinking and driving offense or driving under the influence of alcohol or drugs, along with an aggravating circumstance. The aggravating circumstance can be any one of the following: (a) driver was driving under an Ohio DUI/OVI license suspension at the time of the accident; (b) driver has prior conviction of aggravated vehicular assault; (c) driver has prior conviction in any traffic-related homicide, manslaughter or assault offense; (d) driver has three or more prior Ohio DUI, OVI or drinking and driving convictions in the last six years; (e) driver has three or more prior Ohio convictions related to boating while under the influence of alcohol or drugs in the last six years; (f) driver has three or more prior Ohio convictions related to operating an airplane while under the influence of alcohol or drugs in the last six years; (g) driver has three or more prior convictions in combination of Ohio DUI, OVI,  drinking and driving, drinking and boating or drinking and flying within the last six years; or (h) driver has two prior Ohio felony DUI, OVI or drinking and driving convictions. 

Common Mistakes in Ohio DUI/OVI Investigations

No Ohio DUI/OVI/drinking and driving arrest is perfect and the best Ohio DUI/OVI lawyers knows this. Most Ohio DUI/OVI investigations include a number of witnesses, including police officers and the personnel who collect, store and test chemical samples.  These witnesses are human and they make mistakes. Further, most Ohio DUI/OVI investigations include a breath testing device or other testing equipment that is not always maintained according to current Ohio DUI/OVI regulations.

Do You Want Award-Winning Ohio DUI/OVI Representation?

There are over 1 million laws in the United States. I am a top Ohio DUI/OVI defense lawyer who devotes his entire practice to ONE. Because of my experience and concentrated focus, I know the Ohio DUI/OVI laws better than most attorneys in the state. I am passionate about Ohio DUI/OVI defense and I get results, however, I only accept a limited number of clients. If you’re serious about your case and want a top Ohio DUI/OVI lawyer on your team, call me, the Ohio DUI Dude at 1-844-DUI-DUDE.