Dayton Drunk Driving Accident Attorney

While driving under the influence of alcohol and drugs is a completely preventable occurrence, many drivers choose to get behind the wheel while intoxicated every year. Many of these drivers cause severe accidents, leading to thousands of injuries and deaths on streets throughout the United States and Ohio.

If you are suffering from injuries due to someone driving under the influence, contact a Dayton drunk driving accident attorney today to discuss your case.

Why Choose Elk & Elk?

At Elk & Elk, our clients trust us with their drunk driving lawsuit or insurance claim due to our commitment to our clients, affordable services, and proven results.

  • Our attorneys focus completely on our clients and we make decisions based on your needs and safety. We maintain open and honest communication throughout every step of your case.
  • Our attorneys have secured over $1 billion in settlements for our clients over our years of operation.
  • We operate on a contingency fee basis for maximum affordability. You do not have to pay any legal fees unless we win your case.

Statistics About Drunk Driving in Ohio

Drunk driving claims thousands of lives across the United States every single year. Ohio is not immune from this statistic, with many drivers choosing to get behind the wheel while intoxicated. The Center for Disease Control and Prevention provides the following sobering statistics about driving under the influence in Ohio.

  • Between 2003 and 2012, 3,637 people died because of accidents involving a drunk driver in the state of Ohio.
  • 2.2% of Ohio adults reported driving after drinking too much within the past 30 days – a statistic higher than the national average, which is 1.9%.
  • In 2012, the rate of male deaths by drunk driving was 5.5 per 100,000 people in Ohio. Women died at a rate of 1.6 per 100,000 people in Ohio during 2012.
  • People aged 21 to 34 are the most likely to die by drunk driving in Ohio, according to 2012 statistics. During that year, this age group died at a rate of 6.8 per 100,000 people.

Ohio OVI/DUI Laws

In the state of Ohio, police officers use the term OVI, or operating a vehicle under the influence, to describe driving while intoxicated. To receive a charge for OVI in Ohio, a driver has to operate his or her vehicle while having a blood alcohol content (BAC) of .08% if he or she is over the age of 21. For drivers under the age of 21, the BAC has to be .02% or higher to receive an OVI charge. Commercial drivers have to have a BAC of .04% or higher to receive this charge.

Criminal punishment for OVI offenses in Ohio varies in range based on the number of times the driver has committed an OVI in the past. For example, first offenders can receive a jail sentence between 3 days to 6 months, a fine between $250 to $1,000, and a license suspension up to three years. Fourth and subsequent offenders could receive jail sentences between 60 days to 1 year, a fine between $800 to $10,000, a license suspension from 3 years to permanent, and the installation of an interlock ignition device.

Criminal Charges for OVI versus Civil Lawsuits and Claims

If a drunk driver injures you in Ohio and receives criminal penalties, such as jail time and fines, you may wonder if you can file an insurance claim or civil lawsuit against him or her as well. The answer is yes – the purpose of criminal charges is to punish the offender, while civil claims provide compensation for your injuries.

Even if the driver is serving a criminal sentence for your accident, you can file an insurance claim or lawsuit against him or her to receive compensatory damages. You can claim compensation for past and future medical expenses, lost wages, pain and suffering, permanent disability, and punitive damages for especially negligent behavior.

Do you need a drunk driving accident lawyer in Dayton? Elk & Elk’s lawyers can help. Contact us today to schedule your free consultation at our Dayton offices.