DUI Court Process

Ohio Drunk Driving Court Procedures

If you are going to court for a DUI  OVI, you have the right to be represented by an attorney.

This page of the website is designed to give an overview of the court process for Ohio drunk driving cases, explain some of the rights you have, and illustrate how an attorney can assist you in with your OVI case.

What happens after I receive a ticket for drunk driving?

When you are issued a ticket for drunk driving (known as an OVI in Ohio), the ticket will contain a summons to appear in court.

what is a summons?

A summons is a notification to you, issued by the arresting officer, instruction you to report to a particular court at a specific time. The Court will receive a copy of our summons. If you fail to appear, the Court can issue a bench warrant for your arrest.

when will my court date occur?

Your first court appearance should be within five days.

what do I do in Court?

If you intend to contest the O.V.I. charge and the Administrative License Suspension (ALS), you should plead Not Guilty and inform the Court orally and/or in writing of your A.L.S. Appeal. If you hire an attorney, the attorney can assist you in doing so.

If you contest the OVI, your next court appearance will be a pretrial hearing.

what should I do before the pretrial hearing?

Before the time of your pretrial hearing, your attorney should obtain materials from the prosecuting attorney's files (discovery). Those materials should include police reports and any video recordings related to the incident. The purpose of the pretrial hearing is to provide you or your attorney an opportunity to talk about the case with the prosecuting attorney. At the pretrial hearing, the prosecutor will likely make an offer to resolve the case without a trial. That offer may take several forms, including a plea agreement (plea bargain) to reduce charges if you plead guilty to the reduced charges and/or an agreement to recommend a certain sentence if you plead guilty to the original O.V.I. charge(s) or the reduced charge(s). If you accept the prosecutor's offer, the case may be resolved at that stage of the process. An attorney will help you evaluate the prosecutor's offer in light of the facts and law applicable to your specific case, and an attorney may help you secure a more favorable offer from the prosecutor.

what if the case isn't settled at the pretrial hearing?

If the case not resolved at the pretrial hearing, the case will be scheduled for a trial. You have the right to a trial, and if you are charged with a crime that is punishable by incarceration, you have the right to a trial by jury. At the trial, it is the responsibility of the prosecution to prove your guilt beyond a reasonable doubt; you do not have the duty to prove your innocence. If you intend to have a trial, you will likely not want to represent yourself in a trial: " he who represents himself has a fool for a client ". The rules governing the admissibility of evidence and other trial formalities are voluminous and complex. You should hire an attorney with trial experience.

what should I do before the trial?

Before the trial, you may file a motion to suppress evidence. Sometimes, evidence obtained by the police is not admissible at trial. For example, if the officer lacked probable cause to arrest you, any evidence obtained after the arrest may never be heard by the jury. Another example concerns the field sobriety tests: if the officer did not conduct the field sobriety tests correctly, the officer may not be permitted to testify about your performance on those tests. Similarly, if the proper procedures were not followed for breath tests, blood tests, or urine tests, the results of those tests may not be admissible. Representation by a knowledgeable and experienced attorney is very important at this stage.

What will happen if I am found guilty, or if I plead guilty?

If you plead guilty or are found guilty, the judge will hold a sentence hearing. During the sentence hearing, the judge hears from the prosecutor, the defense attorney, and the defendant. The judge then decides what is your sentence. Judges have much discretion in what sentence to impose. It may be beneficial to have an attorney speak on your behalf in the sentence hearing to effectively explain why the judge should exercise leniency in your case.

Will I be sentenced to jail for a drunk driving offense?

Penalties for OVI. If you are convicted of OVI, the possible penalties include jail time, a fine, a driver's license suspension, seizure/immobilization/forfeiture of your vehicle and impoundment of your plates, as well as six points on your driver's license. You will also be required to pay a license reinstatement fee and maintain proof of insurance with the Bureau Of Motor Vehicles, which will likely result in obtaining high-risk insurance. The mandatory minimum penalties and the severity of your sentence depend on how many times you have been convicted of OVI.

what are the penalties for a drunk driving conviction?

Click on Ohio OVI DUI Penalties for a table summarizing the possible penalties for a drunk driving conviction.

Should I hire an attorney to represent me in my OVI DUI case?

The Constitution of the United States preserves your right to represent yourself in a Court of law. That same document also protects your right to legal counsel. The reason that the Constitution does both protect your right to self-representation, and your right to have an attorney present is parallel to the reason why attorneys hire an attorney to represent them in court if they have been charged with a drunk driving offense, and that is as follows. Although LA Law, Law & Order and Perry Mason lead people to believe that representing yourself in Court is as simple as rehearing lines in a play, the reality of a Courtroom appearance is very unnerving and, despite the many times you rehearse your arguments, reciting them in Court will be difficult, at best. Lastly, the district attorney sitting on the other side of the Courtroom has tried thousands of cases just like yours, he is prepared, he is experienced, and he has one objective. That objective is to win a conviction.

Free Initial Consultation With A Central Ohio OVI DUI Defense Lawyer

If you have been arrested with a DUI in central Ohio, contact the criminal defense law office of Shawn R. Dominy, Attorney at Law for an initial consultation about your case.

Remember that nothing at this website is nor is it intended to be legal advice. Please read the disclaimer.