Columbus OVI/DUI Attorney Blog
A police officer was recently charged with DUI (called ‘OVI’ in Ohio) and Fleeing the Scene of an Accident. According to News 13 in Myrtle Beach, the officer is a sergeant who serves as the supervisor of the traffic division. In our OVI defense practice, we have represented clients suspected of OVI and Failure to Stop After Accident (commonly called ‘Hit-Skip’). In some cases, the driver is charged only with Hit-Skip. In other cases, the driver is charged with both Hit-Skip and OVI. Drivers in those situations also face the possibility of being charged with felony offenses.
When a Driver is Charged Only with Hit-Skip
When a driver leaves the scene of an accident and the police suspect the driver was under the influence, the driver is sometimes charged only with Hit-Skip. Whether an OVI charge is also filed often depends upon how quickly the police make contact with the driver. If the police do not make contact with the driver quickly, the driver may claim his intoxicated state is due to consuming alcohol after the accident. If more than three hours elapse between the accident and contact with the driver, a chemical test of the driver’s breath, blood, or urine will require expert testimony and will have decreased evidentiary value. In cases where the police do not make contact with the driver quickly, the driver is often charged only with Hit-Skip, unless there is other evidence which gives the police probable cause to believe the driver was under the influence at the time of the accident.
If a driver is charged only with Hit-Skip, the driver still faces consequences. Hit-Skip in Ohio is typically classified as a first-degree misdemeanor. That means the driver is facing a jail term of up to six months, a fine of up to $1,000, and probation for up to five years. The driver is also facing a mandatory driver’s license suspension of six months to three years and six points assessed against his driver’s license. The judge may believe the driver left the scene because he was under the influence. If so, the judge will be inclined to impose a harsher sentence.
When a Driver is Charged with Hit-Skip and OVI
When a driver leaves the scene of an accident and the police suspect the driver was under the influence, the driver is sometimes charged with both Hit-Skip and OVI. If the police make contact with the driver quickly and the driver appears to be under the influence, a claim of drinking after the accident is a less plausible defense. The police can have the driver perform field sobriety tests and undergo chemical testing of his blood, breath or urine. In cases where the police make timely contact with the driver, the driver is often charged with both Hit-Skip and OVI.
If a driver is charged with both Hit-Skip and OVI, the driver is facing the penalties for Hit-Skip (described above), as well as the penalties for OVI. Those penalties, for a first offense, include a mandatory jail term of three days to six months, a mandatory fine of $375 to $1,075, a mandatory driver’s license suspension of one year to three years, and probation for up to five years. Being involved in an accident and leaving the scene will be considered aggravating circumstances, so the judge will be inclined to impose more than the minimum mandatory penalties.
A Driver May Be Charged with Felony Offenses
When a driver leaves the scene of an accident and the police suspect the driver was under the influence, there are three possible felony charges which may be filed. First, if the accident caused serious physical harm or death to another person, the charge of Hit-Skip becomes a felony. Second, if the accident caused serious physical harm to another person, the driver may be charged with Aggravated Vehicular Assault. Third, if the accident caused another person’s death, the driver may be charged with Aggravated Vehicular Homicide.
Leaving the Scene Complicates the Case
The case of the police officer charged with DUI and Hit-Skip illustrates the complications which arise when a driver leaves the scene of an accident. Doing so may present problems of proof for the prosecution. However, if the police suspected the driver was under the influence, that information will be shared with the prosecutor and judge. As a result, the prosecutor will be inclined to seek felony charges if possible, the prosecutor may not offer a plea agreement, and the judge will be inclined to impose a harsher sentence.