Ohio OVI Law

What to expect if you’ve been accused of an OVI in Ohio

Columbus, OH OVI Lawyer

If you have been accused of an OVI (Operating a Vehicle Under the Influence) it can be a daunting defense and legal process. Freeman & Lund can help with their experienced team and representation.

We understand that a drunk driving charge is a very serious and understand there can be much at stake for our clients. Our team is here to guide you through the defense process, help you understand the legal process and system, and assist you with your case.

Whatever DUI/OVI crime you may have been arrested for, do not assume that going to court and pleading guilty or no contest is your only option. A free consultation from the experienced attorneys at Freeman & Lund can help you explore your legal options and keep your freedom.

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OVI Penalties

First Offense:

Minimum penalties: $375 fine, 3 days jail, 1 year license suspension

Maximum penalties: $1075 fine, 180 days jail, 3 year license suspension

Potential Penalties: Interlock, yellow plates, probation optional

Second Offense:

Minimum penalties: $525 fine, 10 days jail (20 with refusal of test), 1 year license suspension, yellow plates, interlock, 90 day immobilization, assessment and treatment

Maximum penalties: $1625 fine, 180 days jail, 7 year license suspension

Third Offense:

Minimum penalties: $850 fine, 30 days jail (60 with refusal of test), 2 year license suspension, vehicle forfeiture, treatment program

Maximum penalties: $2750 fine, 180 days jail, 12 year license suspension

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OVI Process

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Arraignment

At the initial court appearance, you have to enter a plea of guilty or not guilty to the charge. You can also request a continuance to seek counsel.

Your attorney will file a demand for discovery and can try get you driving again through limited driving privileges or a stay/termination of the Administrative License Suspension.

Pretrial & Motion Hearing

Pretrial:

At the initial court appearance, you have to enter a plea of guilty or not guilty to the charge. You can also request a continuance to seek counsel.

A pretrial is a status conference between you or your attorney and the prosecutor assigned to your case. A pretrial can include additional discovery, initial plea bargaining, and then deciding how to proceed with the case.

Motion Hearing:

Your attorney may file a Motion to Suppress. This will be the primary means of challenging reasonable suspicion for the stop, probable cause for arrest, and any additional testing done by the police officer. After the motion is filed, the State will file a response and there may be a hearing for the Judge to make rulings on the motions.

Your attorney will file a demand for discovery and can try get you driving again through limited driving privileges or a stay/termination of the Administrative License Suspension.

Jury Trial

At the initial court appearance, you have to enter a plea of guilty or not guilty to the charge. You can also request a continuance to seek counsel.

Every person charged with OVI has the right to have a jury trial. If no plea bargain can be reached, this is your last recourse. You and/or your attorney will select a jury, argue your case, and 8 members of the public will need to reach a unanimous verdict of ‘guilty’ or ‘not guilty’. You have the right to testify on your own behalf, but you also have the right not to. The State will present evidence of your guilt, you have the option to present evidence of your innocence, and the jury makes a decision

Your attorney will file a demand for discovery and can try get you driving again through limited driving privileges or a stay/termination of the Administrative License Suspension.

Common OVI Reductions

Physical Control

Definition: being in the driver’s position of the front seat of a vehicle or in the driver’s position…and having possession of the vehicle’s… ignition key or other ignition device (ORC 4511.194)

Benefits: no mandatory minimum penalties, 0 points, not an enhanceable offense

Reckless Operation of a Motor Vehicle (ROMV)

Definition: No person shall operate a vehicle…on any street or highway in willful or wanton disregard of the safety of persons or property (ORC 4511.20).

Benefits: no mandatory minimum penalties, non-alcohol related conviction, not enhanceable

License Suspensions

Court suspension

In Ohio, courts must impose a license suspension upon an OVI conviction and may impose a license suspension on a reduced charge, such as a reckless or physical control. A defendant may apply for limited driving privileges under a license suspension. The Judge may impose additional requirements, such as yellow plates or interlock, before granting privileges

Administrative License Suspension

In Ohio, automatic license suspensions can be imposed from the BMV as a result of an alcohol detection test. There is no license suspension for passing a test, but there is a shorter suspension for failing the test, and a longer suspension for refusing the test. This suspension is automatic, but can be challenged at a separate hearing.