OVI/DUI Defense Attorney

In Ohio, DUI (driving under the influence) is generally referred to as "OVI" (operating a vehicle under the influence).
To be convicted of an OVI in Ohio, a person must operate a vehicle:
- With a Blood alcohol concentration of .08 or more.
- With a urine alcohol concentration of .110 or more.
- with a certain concentration of drugs in your body or a combination of both alcohol and drugs.

For more information see: https://codes.ohio.gov/ohio-revised-code/section-4511.19

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First OVI is generally a misdemeanor under R.C. 4511.19 and carries with it the possibility of jail time, driver's license suspension, fines, and more.

Potential penalties for a first OVI conviction:

JAIL SENTENCE:
1. Three days up to six months is possible.
FINE:
1. $375 up to $1075
LICENSE SUSPENSION:
1. 1 to 3 years.
DRIVER INTERVENTION:
1. In lieu of jail, the court may require a person convicted of a first OVI offense to attend a driver intervention course.

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Second OVI is generally a misdemeanor under R.C. 4511.19 and carries with it the jail time, a driver's license suspension, fines, and more.

Potential penalties for a second OVI conviction:

JAIL SENTENCE:
1. Mandatory minimum 10 days up to six months is possible.
FINE:
1. $300 up to $1500
LICENSE SUSPENSION:
1. The court could require that your driver's license be suspended from 1 to 7 years.

Third OVI is generally a misdemeanor under R.C. 4511.19 and carries with it the jail time, a driver's license suspension, fines, and more.

Potential penalties for a third OVI conviction:

JAIL SENTENCE:
1. Mandatory minimum 30 days up to one year is possible.
FINE:
1. Up to $2,500 dollars.
LICENSE SUSPENSION:
1. Your driver's license could potentially be suspended for up to 12 years.

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Arrest or Summons

If a police officer suspects someone of driving under the influence of drugs or alcohol "an OVI" they will either make an arrest or issue a summons for that person to appear in court. This first court appearance is known as arraignment.

Arraignment

The first court appearance a person will be required to attend is called arraignment. Having a competent attorney with you at this hearing is imperative. This is where a person will plead guilty or not guilty. Moreover, at this hearing is when the defense attorney will appeal any administrative license suspension.

Is jail mandatory for a first time OVI?

No. While there is a mandatory 3 day jail sentence, the judge can suspend this sentence and require the person attend a driver intervention program instead.

How long will my license be suspended?

First OVI: 1 to 3 years.

Second OVI: 1 to 7 years.

Third OVI: 2 to 12 years.

Can an OVI/DUI conviction be expunged?

No, Ohio law prohibits an OVI/DUI from being expunged.

If my license is suspended, can I still drive?

No, you must have an attorney petition the court for driving privileges. We have experience in requesting privileges to drive to work, school, childcare, and other important places.

How many points is an OVI in Ohio?

An OVI in Ohio is 6 points.

Can I beat an OVI case?

Yes! You need an experienced attorney who is competent in finding holes in the state's case.

What if I refuse a breath test?

If you refuse a breath test or any field sobriety test, your driver's license will be immediately suspended. This is known as an administrative license suspension.

When does the license suspension start?

Immediately! The officer can take your license and the license suspension will begin immediately. This is why we fight this suspension at the first court hearing.

What is the legal limit in Ohio?

The legal Blood alcohol concentration "BAC" in Ohio is .08.

Do I need a lawyer for an OVI Charge?

Yes, an OVI Conviction can have severe consequences and result in a permanent criminal record.

What is a high test in Ohio?

A high test is considered a Blood Alcohol Concentration "BAC" of .17 or above OR .238 or above in the urine.