Ohio OVI DUI FAQ's

Frequently Asked Questions about Drunk Driving

Should I contest my D.U.I?

Should I Represent Myself In a D.U.I. Case?

How Do I Choose A D.U.I. Attorney?

What is "blood-alcohol concentration" or "blood-alcohol level"?

Can I refuse a Breathalyzer® test?

What is “implied consent”, and what is an Administrative License Suspension?

What is the duration of an Administrative License Suspension?

Q: Should I contest my D.U.I?

A: If you were charged with a D.U.I. (called O.V.I. in Ohio), you may be wondering if you should contest the charge or simply plead guilty.  To make this decision, you should consider what happens if you plead guilty, what happens if you plead not guilty, and whether it’s worth the cost and time to contest the charge and possibly avoid the consequences of an O.V.I. conviction.

If you plead guilty to the charge, you will not have an opportunity to review the evidence against you, and you can’t change your mind later.  The conviction will become part of your permanent record.  An O.V.I. conviction can have collateral consequences, including effects on automobile insurance premiums, disability insurance, life insurance, professional licenses, immigration status, international travel eligibility, and education, as well as current and future employment.  Those consequences are in addition to the sentence imposed by the court for the O.V.I. conviction.

If you plead not guilty to the charge, you will at least have an opportunity to review the evidence against you, analyze the strength of the prosecution’s case, and try to have the charge dismissed or reduced.  It may appear on the surface that there is no hope of beating the O.V.I. or getting the charge reduced because the officer says you were under the influence or the test result says you were over the legal limit.  In many cases, however, evidence is not admissible and the case against you is not as strong as it seems on the surface. 

Not everybody should contest their O.V.I. charge.  For some, the consequences of an O.V.I. conviction are acceptable.  For others, it’s worth the time and cost to try to keep the O.V.I. off your permanent record.  If you conclude that it’s not worth the time and cost to fight it, plead guilty to the O.V.I.  If you want the opportunity to avoid the consequences associated with an O.V.I. conviction, plead not guilty and contest the charge.

Q: Should I Represent Myself In a D.U.I. Case?

A: If you have been charged with a D.U.I. (called O.V.I. in Ohio), you may be wondering if you need a lawyer to represent you or if you can handle the case yourself (pro se).  To decide if you should hire a lawyer, you need to evaluate how familiar you are with the court process, how much you understand O.V.I. law, and whether you intend to simply plead guilty or actually contest the case.

Most people are not familiar with the court process.  One benefit of hiring an O.V.I. attorney is that attorneys have experience with the court process and court personnel.  Having an attorney represent you is like having a tour guide in a foreign country.  At a minimum, the attorney can guide you through the process, assess the situation, tell you what to expect, warn you of dangers, and answer your questions. 

Handling an O.V.I. case yourself is like being your own doctor.  I can read about my medical problem and treat it myself to some extent, but if I need surgery, I’m going to a doctor with expertise in that type of surgery.  You can learn about O.V.I. law and procedure, but if you’re really going to contest the charge, you need an effective O.V.I. lawyer to challenge the evidence and help you get the charge dismissed or reduced.

If you feel comfortable with the court process, you speak well, and you intend to simply ask for the most lenient D.U.I. sentence, you may not need a lawyer.  If you would like someone to guide you through the process and speak on your behalf, you should probably hire an attorney.  If you intend to contest the case with the hope of getting the O.V.I. charge dismissed or reduced, you should definitely hire a good D.U.I. lawyer.

Q: How Do I Choose A D.U.I. Attorney?

A: There are many attorneys that handle D.U.I. (O.V.I.) cases in Ohio, which makes it difficult to select the right one for your case.  If you are trying to decide which lawyer to hire, here are some suggestions.

Choose A Lawyer That Specializes In O.V.I. Cases.  Some attorneys practice many different areas of law, while other attorneys focus on one area of law.  If you are selecting a physician to treat an injury in your big toe, you should find one that only works on feet, and preferably a podiatrist that specializes in big toes.  If you are selecting a lawyer for an O.V.I. case, you should find one that only handles criminal defense cases and focuses on O.V.I. defense.

Choose A Lawyer With Expertise In O.V.I.  Find an attorney with education and training for issues that recur in O.V.I. cases.  Those issues include chemical testing for breath, blood and urine, roadside field sobriety testing, and search and seizure law, as well as D.U.I. detection and investigation.  Many attorneys with these qualifications belong to the National College for D.U.I. defense and regularly participate in that organization’s continuing education seminars.

Choose A Lawyer With O.V.I. Experience.  You wouldn’t select a physician for your foot surgery who has education in foot medicine but has no experience operating on feet.  Select an attorney who has experience handling O.V.I. cases, including suppression hearings and jury trials. 

Choose A Lawyer With Interpersonal Skills.  Your attorney will be communicating with the prosecutor and the judge on your behalf.  Your attorney will also be talking with you about the law, the court process, and the evaluation of your case.  Your attorney should also be a good listener to understand your concerns and to know your priorities for the outcome of the case.  For these reasons, your attorney must have good communication skills.

Choose A Lawyer With Appropriate Fees.  There is a wide range of attorney fees for O.V.I. cases, and the least expensive lawyer is not necessarily the one you should choose.  The cost of contesting an O.V.I. is going to be higher than the cost of simply pleading guilty.  In addition, the cost of a lawyer with O.V.I. expertise will likely be more than the cost of a lawyer without that expertise.  If a lawyer’s fee is relatively low, the lawyer may not understand the time required to effectively defend a D.U.I. case, the lawyer may not intend to invest that much time, or the lawyer may place a low value on his or her time.

Q: What is "blood-alcohol concentration" or "blood-alcohol level"?

A: Blood-alcohol concentration (BAC) is the level of alcohol in the bloodstream from drinking alcoholic beverages. BAC readings are used in court as evidence in drunk-driving cases. The most common method of measure is a breath test, although blood and/or urine testing is sometimes done. A result of .08 or higher may establish a presumption of intoxication. The details of the .08 BAC presumption laws vary among the states, but all 50 states have adopted .08 as their official intoxication level, in large part because of a federal threat of otherwise withholding highway funds.

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Q: Can I refuse a Breathalyzer® test?

A: Every state has its own version of an implied consent law providing that a driver impliedly consents to alcohol testing just by the act of driving. In many states, a refusal to take a breath test is itself a criminal violation subject to stiff penalties. For example, refusing a breath test might result in automatic drivers-license suspension or revocation. If you are ultimately found guilty of a drunk-driving offense, there may be additional penalties because of the test refusal, such as a stiffer sentence. Your test refusal may also be used as evidence against you in a drunk-driving case.

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Q: What is “implied consent”, and what is an Administrative License Suspension?

A: Implied Consent.Ohio law says any person who operates a vehicle in Ohio has implicitly consented to a chemical test to determine the concentration of alcohol and/or drugs in the person’s breath, blood, or urine if the person is arrested for O.V.I. in Ohio.  Any person who is unconscious or otherwise incapable of refusing is also deemed to have consented to the tests. 

Administrative License Suspension.If you are arrested for O.V.I in Ohio, your license will be immediately placed under an Administrative License Suspension (A.L.S.) if you refuse the test or if you test over the legal limit.  If you refuse to consent to a breath, blood or urine test, an Administrative License Suspension is immediately imposed.  If you take the test and the result is over the prohibited concentration of alcohol or drugs, an Administrative License Suspension is immediately imposed.  The Administrative License Suspension is a civil sanction (not criminal) and is separate from any O.V.I. offense that is charged.  The duration of the ALS depends on how many previous O.V.I. convictions and/or refusals you have in the last six years.

Help with A.L.S.  A drunk driving attorney in central Ohio can help you understand issues related to the A.L.S. and can also help you get your license back or get limited driving privileges.

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Q: What is the duration of an Administrative License Suspension?

A: Generally.The duration of an Administrative License Suspension depends on whether you refused the test or tested over the limit, as well as how many previous O.V.I. convictions and/or refusals you have in the last six years.

Refusal of Test.  The duration of the A.L.S. in Ohio for refusing the test depends on whether you have prior refusals or prior convictions for O.V.I. in the last six years.  If you have no prior refusals or O.V.I. convictions, the A.L.S. is one year.  If you have one prior O.V.I. conviction or refusal, the A.L.S. is two years.  If you have two prior O.V.I. convictions or refusals, the A.L.S. is three years.  If you have three or more prior O.V.I. convictions or refusals, the A.L.S. is five years.  The

Testing Over the Limit.  The duration of the A.L.S. in Ohio for testing over the limit depends on whether you have prior convictions for O.V.I. in the last six years.  If you have no prior O.V.I. convictions, the A.L.S. is 90 days.  If you have one prior O.V.I. conviction, the A.L.S. is one year.  If you have two prior O.V.I. convictions, the A.L.S. is two years.  If you have three or more prior O.V.I. convictions, the A.L.S. is three years.

Drunk Driving Attorney.  A good lawyer handling O.V.I. (D.U.I.) cases in Columbus, Ohio and the surrounding area can assist you with issues regarding the A.L.S., including limited driving privileges and license reinstatement.

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DISCLAIMER:

This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent counsel for advice on any legal matter.

Contact the law office of Shawn R. Dominy, Attorney at Law, to schedule a free initial consultation directly with me.

Shawn R. Dominy