Cleveland DUI Accident Attorney
Protecting the Rights of the Accused in Ohio
Driving under the influence (DUI) is a serious crime in Ohio. When a DUI results in an accident, the consequences are even more severe. If you have been charged with a DUI accident, you are facing serious penalties, including jail time, fines, and a criminal record. You may also be held liable for the injuries and damages suffered by the other party involved in the accident.
At Mastandrea Law, we understand the stress and fear you are experiencing. Our Cleveland DUI accident lawyer is here to help you navigate the legal process and fight for your rights. We have a proven track record of success and are prepared to aggressively advocate for you in and out of the courtroom.
Call our office today at (216) 306-5105 or contact us online to schedule a free consultation with our DUI accident attorney in Cleveland.
What Is a DUI Accident?
A DUI accident occurs when a person is driving under the influence of drugs or alcohol and causes a car accident. In Ohio, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. If a driver is under the age of 21, the legal limit is 0.02%. Commercial drivers are held to a stricter standard and are not allowed to drive with a BAC of 0.04% or higher.
Whenever a driver is impaired by drugs or alcohol, their ability to operate a motor vehicle safely is significantly reduced. It is possible for them to have slower reaction times, impaired judgment, and difficulty focusing on the road when driving. As a result, serious accidents can occur, such as head-on collisions and rear-end collisions.
When a DUI accident occurs, the driver who caused the accident may be charged with a DUI, as well as other crimes, such as vehicular assault or vehicular manslaughter.
What Are the Penalties for a DUI Accident in Ohio?
When a DUI accident occurs in Ohio, the driver who caused the accident may face both criminal and civil penalties. The specific penalties will depend on the circumstances of the case, including the driver’s BAC, whether anyone was injured or killed, and more.
Criminal Penalties for a DUI Accident in Ohio Include:
- First Offense: A first-time DUI conviction is a first-degree misdemeanor. Penalties include a minimum of 3 days in jail, up to 6 months, a fine of $375 to $1,075, and a driver’s license suspension of 1 to 3 years. If the driver’s BAC was 0.17% or higher, they will be required to install an ignition interlock device (IID) in their vehicle.
- Second Offense: A second DUI conviction is a first-degree misdemeanor. Penalties include a minimum of 10 days in jail, up to 6 months, a fine of $525 to $1,625, and a driver’s license suspension of 1 to 7 years. If the driver’s BAC was 0.17% or higher, they will be required to install an IID in their vehicle.
- Third Offense: A third DUI conviction is a first-degree misdemeanor. Penalties include a minimum of 30 days in jail, up to 1 year, a fine of $850 to $2,750, and a driver’s license suspension of 2 to 12 years. If the driver’s BAC was 0.17% or higher, they will be required to install an IID in their vehicle.
- Fourth Offense: A fourth DUI conviction is a fourth-degree felony. Penalties include a minimum of 60 days in jail, up to 1 year, a fine of $1,350 to $10,500, and a driver’s license suspension of 3 years to life. If the driver’s BAC was 0.17% or higher, they will be required to install an IID in their vehicle.
- Fifth Offense: A fifth DUI conviction is a fourth-degree felony. Penalties include a minimum of 1 year in jail, up to 1 year, a fine of $1,350 to $10,500, and a driver’s license suspension of 3 years to life. If the driver’s BAC was 0.17% or higher, they will be required to install an IID in their vehicle.
- Sixth Offense: A sixth DUI conviction is a third-degree felony. Penalties include a minimum of 1 year in jail, up to 5 years, a fine of $1,350 to $10,500, and a driver’s license suspension of 3 years to life. If the driver’s BAC was 0.17% or higher, they will be required to install an IID in their vehicle.
If a driver causes an accident while under the influence and someone is injured, they may be charged with vehicular assault. This is a first-degree misdemeanor and is punishable by a minimum of 30 days in jail, up to 1 year, and a fine of $500 to $1,000. If a driver causes an accident while under the influence and someone is killed, they may be charged with vehicular manslaughter. This is a second-degree felony and is punishable by a minimum of 2 years in prison, up to 8 years, and a fine of $2,500 to $15,000.
Civil Penalties for a DUI Accident in Ohio Include:
- Property Damage: If a driver causes an accident while under the influence, they may be held liable for the property damage suffered by the other party involved in the accident. This includes the cost to repair or replace the other driver’s vehicle, as well as any other property that was damaged in the accident.
- Medical Expenses: If a driver causes an accident while under the influence, they may be held liable for the other driver’s medical expenses. This includes the cost of emergency medical treatment, hospital stays, surgeries, medications, and more.
- Lost Wages: If a driver causes an accident while under the influence, they may be held liable for the other driver’s lost wages. This includes any wages the other driver lost while they were recovering from their injuries.
- Pain and Suffering: If a driver causes an accident while under the influence, they may be held liable for the other driver’s pain and suffering. This includes any physical pain or emotional distress the other driver experienced as a result of the accident.
Understanding the Legal Process After a DUI Accident
After being involved in a DUI accident, it's important to understand the legal process and your rights. Our team of experienced DUI accident attorneys at Mastandrea Law, LLC can guide you through the legal proceedings and provide the support you need during this challenging time.
Key aspects of the legal process after a DUI accident include:
- Investigation and evidence gathering
- Negotiation with insurance companies
- Court appearances and legal representation
- Potential civil and criminal charges
- Recovery and compensation for damages
By working with our dedicated legal team, you can ensure that your rights are protected and that you receive the best possible outcome for your case.
How Can a DUI Accident Defense Lawyer Help?
If you have been charged with a DUI accident, it is important to hire an experienced attorney as soon as possible. At Mastandrea Law, we can help you understand your legal options and develop a strong defense strategy. We will fight to protect your rights and work to get your charges reduced or dismissed. Our Cleveland DUI accident lawyer is not afraid to take your case to trial and will do everything we can to help you obtain a favorable outcome.
Get the Legal Help You Need Today
If you have been charged with a DUI accident, you need a skilled attorney on your side. Our Cleveland DUI accident defense lawyer has a comprehensive understanding of this area of law and can help you navigate the legal process. We will work tirelessly to protect your rights and fight for your freedom.
Call our office today at (216) 306-5105 or contact us online to schedule a free consultation with our DUI accident attorney in Cleveland.
"Mr. Mastandrea is professional, knowledgeable, aggressive and will work diligently on your case."
- Former Client
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