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Barberton DUI Attorney

What is a Barberton DUI attorney? While some may also commonly refer to such an attorney as a Barberton driving under the influence attorney, the better term is a Barberton OVI attorney, or Barberton operating a vehicle under the influence attorney.  OVI is defined in Ohio Revised Code 4511.19 (R.C. 4511.19), bearing the title “operating vehicle under the influence of alcohol or drugs.”  OVI cases typically consists of two separate charges: (1) the OVI charge, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and (2) the BAC charge, which usually alleges that the person operated a motor vehicle with a blood alcohol concentration of .08 or more, which is determined by a breath sample, or an equivalent amount by blood serum or plasma or urine, as well as levels of various drugs.  The statute provides for a minimum license suspension of 180 days and a minimum period of incarceration of 72 hours upon a conviction for an OVI or BAC charge.  Such minimum penalties increase with a BAC of .17 or more, and prior convictions for OVI or BAC.

Barberton Physical Control Of A Vehicle While Under The Influence


A Barberton DUI lawyer will also handle “physical control” cases. Having physical control of a vehicle while under the influence is defined in Ohio Revised Code 4511.194 (R.C. 4511.194).  Simply stated, physical control of a motor vehicle occurs when one is in the driver’s seat of a vehicle with possession of the keys, and the person is under the influence or drugs, alcohol or a combination of them, or has a BAC as defined in the OVI statute (R.C. 4511.19).  There are essentially no minimum penalties for this offense, but the court must impose a class 7 suspension, which must consist of some time.

Barberton Operating A Vehicle After Underage Consumption


Finally, a Barberton DUI attorney will be prepared to handle operating a vehicle after underage consumption (OVUAC), as defined by Ohio Revised Code 4511.19 (R.C. 4511.19). This law makes it illegal for persons under 21 years of age to drive a vehicle with a concentration of .02 percent, but less than .08 percent by weight of alcohol by whole blood or breath, or with an equivalent amount by blood serum or plasma or urine. A conviction for this offense carries a minimum license suspension of 90 days (a class 6 suspension) for a first offense, but no minimum period of incarceration.  Some like to refer to this offense as a “baby DUI.”

Barberton DUI Cases Are Heard In Summit County Courts


What court does a Barberton DUI go to? Misdemeanor DUIs in Barberton are heard in Barberton Municipal Court, 576 W. Park Ave., Barberton, Ohio 44203.  Felony DUIs in Barberton are heard in Summit County Court of Common Pleas, 209 S. High Street, Akron, Ohio 44308.  Juveniles accused of DUI in Barberton will have their cases heard in the Summit County Juvenile Court, 650 Dan Street, Akron, Ohio 44310.  An experienced Barberton DUI attorney can navigate the process as cases move through these courts.

The following are important links for those charged with DUI in Barberton:


Ohio OVI law:                                        

Ohio Physical control law:                       

Classes of suspensions:                          

Summit County Court of Common Pleas: 

Summit County Juvenile Court:               

Barberton Municipal Court:                     

Daniel Gigiano’s Ratings And DUI Blogs


To learn about other nearby DUI courts, click on any of the following links: Wadsworth DUI Attorney; Summit County DUI Attorney; Massillon DUI Attorney; Doylestown DUI Attorney. To read more on DUI, click on any of the following links to my other articles related to DUI: Ohio changes to OVI laws; Can police pull you over based on a tip from another driver; What field sobriety tests are used in OVI case; Traffic stops cannot be extended for a drug dog sniff. My hard work has resulted in successful results for many of my clients, including the results shown in the case highlights section. This success is reflected in the following links to my reviews and work: Daniel Gigiano reviews; Daniel Gigiano ratings; Daniel Gigiano; Daniel Gigiano work.

Working With Daniel Gigiano Gets You An Experienced And Aggressive Advocate On Your Side


Attorney Gigiano is an experienced Barberton DUI attorney who practices in the Barberton Municipal Court, Summit County Court of Common Pleas, and Summit County Juvenile Court, as well as Akron Municipal Court, Stow Municipal Court, Medina County courts, Wayne County courts and other nearby county courts. If you have questions about this or other questions you need answered by an experienced DUI lawyer, please call Attorney Daniel F. Gigiano at 330-336-3330. Attorney Gigiano’s office is located at 102 Main St., Ste. 200, Wadsworth, Ohio 44281.