Vehicular Assault

In Ohio, a simple automobile accident, even a serious one, won’t often lead to criminal charges. However, if a police officer, sheriff’s deputy or state highway patrolman suspects that a driver caused another person serious physical harm while operating a motor vehicle under aggravating circumstances, like DUI/OVI/drinking and driving, the driver may face a charge of vehicular assault. If you have an Ohio DUI or vehicular assault case, 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, Vehicular Assault is a Very Serious Criminal Charge. A conviction Brings the Following Potential Penalties:

• A jail or prison sentence, some of which are mandatory
• Expensive fines
• Probation
• Suspension of Ohio driver’s license
• Points on one’s driver’s license
• Disqualification of CDL
• A permanent criminal record
• Loss of job
• Liability in a civil lawsuit
• Increased vehicle insurance rates

Specific Types of Ohio Vehicular Assault Convictions

Depending on a number of factors, vehicular assault is sometimes charged as a misdemeanor and other times it is charged as a felony. The ways in which vehicular assault can be charged in Ohio, along with the corresponding penalties, are as follows:

Ohio Vehicular Assault as a Misdemeanor of the First Degree

Vehicular Assault in Ohio is a first degree misdemeanor when the driver is convicted of causing serious physical harm in a traffic accident while speeding in a posted construction zone. Upon conviction, the possible sentence includes a mandatory minimum jail term of 7 days, and a maximum sentence of 180 days. The driver also faces a fine up to $1,000 and a mandatory Ohio license suspension of up to 10 years.

Ohio Vehicular Assault as a Felony of the Fourth Degree

Vehicular Assault in Ohio is a felony of the fourth degree when the driver is convicted of causing serious physical harm in a traffic accident with any one of the following additional factors: (a) driver was driving recklessly, including while committing an Ohio DUI/OVI offense; (b) driver committed a reckless operation offense in a construction zone, including an Ohio DUI/OVI offense; (c) driver was speeding in a construction zone and was driving under suspension or without a license, such as from a prior Ohio DUI/OVI conviction; (d) driver was speeding in a construction zone and has a prior conviction for vehicular assault, homicide or manslaughter.

In any of these situations, the offense in Ohio is a fourth degree felony, punishable by up to 18 months in prison and a fine of up to $5,000. The driver also faces a mandatory Ohio license suspension of up to 10 years. In addition, if the driver: (a) has previously been convicted of aggravated vehicular homicide, vehicular homicide or manslaughter; or (b) is driving under suspension or without a license during the time of the incident because of a prior Ohio DUI/OVI conviction, the prison time is mandatory.

Ohio Vehicular Assault as a Felony of the Third Degree

Vehicular assault in Ohio is a felony of the third degree when the driver is convicted of causing serious physical harm in a traffic accident with any one of the following additional factors: (a) driver committed a reckless operation in a construction zone while also driving under suspension or without a license because of a prior Ohio DUI/OVI conviction; (b) driver committed a reckless operation in a construction zone, including an Ohio DUI/OVI offense, with a previous conviction for vehicular homicide, manslaughter or assault; or (c) driver committed a reckless operation in a construction zone and also leaves the scene of the accident.

In any of these situations, the offense is a third degree felony under Ohio law, punishable by up to five years in prison and a fine of $10,000. The driver also faces a mandatory license suspension of up to 10 years. In addition, if the driver: (a) has previously been convicted of aggravated vehicular homicide, vehicular homicide or manslaughter; or (b) is driving under suspension or without a license during the time of the incident because of a prior Ohio DUI/OVI conviction, the prison time is mandatory.

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.