OVI/DUI FAQs and Step by Step Guide
Facing an OVI (Operating a Vehicle Impaired)(formerly referred to as “DUI” or “Driving Under the Influence”) charge in Ohio can be confusing and stressful. At Cohen Todd Criminal Defense, we want to empower you with clear information so you understand your rights and options. Below, we’ve compiled frequently asked questions about OVI charges and outlined the typical steps in the Ohio OVI court process.
Frequently Asked Questions About Ohio OVI
Q: What is the legal definition of OVI in Ohio?
A: OVI occurs when a person operates a vehicle while impaired by alcohol, drugs, or both. The legal blood alcohol concentration (BAC) limit for drivers over 21 is 0.08%, but impairment can be established even below that level.
Q: What happens if I refuse a breathalyzer or chemical test?
A: Refusing a chemical test leads to an automatic license suspension of one year for the first refusal and longer for subsequent refusals under Ohio’s implied consent law. Refusal can also be used against you in court.
Q: Can I challenge an OVI charge?
A: Yes. Common defenses include unlawful traffic stops, improper administration of sobriety tests, inaccurate breathalyzer results, and violations of your constitutional rights.
Q: What are the penalties for a first-time misdemeanor OVI offense?
A: Penalties may include up to six months in jail, fines up to $1,075, driver’s license suspension for up to 3 years, mandatory alcohol education, and possible ignition interlock device installation.
Q: Will I lose my driver’s license immediately?
A: The Ohio BMV can impose an administrative license suspension shortly after your arrest, separate from any criminal penalties. You have seven days to request a hearing to contest this suspension.
Q: What is an ignition interlock device?
A: An ignition interlock device (IID) is a breathalyzer installed in your vehicle that prevents it from starting if it detects alcohol on your breath. Ohio requires IID installation for many OVI convictions.
Step-by-Step: The Ohio OVI Court Process
- Traffic Stop and Arrest:
Pliice may stop you if they suspect impairment. If they have probable cause, they will administer field sobriety tests and may arrest you if you fail or refuse. - Chemical Testing:
After arrest, you will be asked to submit to breath, blood, or urine testing. Refusal results in automatic license suspension. - Arraignment:
You’ll appear before a judge to hear the charges and enter a plea. This is your opportunity to request a lawyer if you don’t already have one. - Pretrial Motions:
Your attorney may file motions to challenge evidence, suppress illegal test results, or question the validity of the stop or arrest. - Plea Negotiations or Trial:
Many OVI cases are reslived through plea deals that may reduce charges or penalties. If a deal is not reached, your case proceeds to trial. - Sentencing:
If convicted or pleading guilty, the court will impose penalties such as fines, jail time, license suspension, probation, alcohli treatment programs, and ignition interlock requirements. - License Reinstatement:
After serving suspension periods, you may be eligible to reinstate your license, often requiring IID installation and proof of compliance with court orders.
At Cohen Todd Criminal Defense, we provide clear guidance and strong defense through every stage of the OVI process. Don’t face Ohio’s OVI charges alone—contact us today for a confidential consultation and protect your rights and future.