Criminal Defense
DUI/OVI Defense
DISCLAIMER: These are actual results from the Dominy Law Firm’s DUI / OVI cases and criminal cases in Columbus, Ohio and the central Ohio area. However, the results achieved in past criminal defense cases and drunk driving defense cases is not necessarily indicative of the results which may be achieved in your case because the facts of every case are unique.
OCTOBER, 2026
Marijuana DUI/OVI Reduced. A motorist called the police and reported our client was driving recklessly. An officer followed our client and observed two Marked Lanes violations. The officer stopped our client and smelled the odor of burnt marijuana coming from the vehicle. The officer administered standardized field sobriety tests, as well as non-standardized tests. The officer found marijuana in our client’s vehicle. The officer arrested our client, and our client provided a urine sample. The urine sample was analyzed by a crime lab, and the results showed marijuana metabolites at a level which was ‘over the limit’. Our client was charged with Marked Lanes and OVI.
We pled Not Guilty and reviewed the evidence. The evidence showed our client did not appear to be obviously impaired. The standardized tests administered by the officer had not been correlated with marijuana intoxication, only an alcohol level. Ultimately, the prosecution reduced the charge of OVI to Reckless Operation. Our client pled guilty to Reckless Operation and Marked Lanes, and no driver’s license suspension was imposed.
DUI/OVI Reduced, and License Suspension Terminated. A law enforcement officer observed or client commit a Marked Lanes violation and bump the car’s tire on a curb. The officer initiated the cruiser lights, and our client was reportedly slow to pull-over. The officer approached the vehicle and smelled alcohol. The officer soon realized our client did not understand what the officer was saying because our client spoke very little English. The officer administered the Horizontal Gaze Nystagmus test but was unable to administer the other sobriety tests due to the language barrier. The officer arrested our client, and our client reportedly refused to consent to a breath alcohol test. The officer charged our client with OVI and Marked Lanes. Based on the breath test refusal, the officer imposed an Administrative License Suspension.
We entered a plea of Not Guilty and obtained a stay of the Administrative License Suspension. We reviewed the evidence and concluded the prosecution’s evidence was weak. The cruiser video showed our client did not bump the car’s tire on a curb, and our client was slow to pull-over because he was identifying a good place to stop. The body camera video showed the officer administered the Horizontal Gaze Nystagmus test incorrectly, and our client did not understand he was refusing a breath test. The prosecution dismissed the charge of Marked Lanes, reduced the OVI to Reckless Operation, and agreed to termination of the Administrative License Suspension.
Out-of-State DUI Suspension Terminated. Our client was convicted of DUI in another state. As a result, the Ohio BMV notified our client his Ohio driver’s license was being suspended for six months. Before the suspension began, we filed an appeal of the suspension. We also got the suspension stayed until the hearing. At the hearing, we demonstrated the other state had already imposed a suspension of our client’s privilege to drive in that state. The court gave our client credit for the other state’s suspension and terminated the Ohio suspension before it began.
Not Guilty Verdict in DUI/OVI Trial. Our client was stopped for speeding while riding a motorcycle. The officer observed that our client’s eyes were bloodshot and glassy, and our client smelled like alcohol. When asked for a driver’s license, our client produced a credit card. The officer administered one field sobriety test, and our client declined to perform the other tests. The officer arrested our client, and our client refused a breath test. Our client was charged with OVI.
We contested the case. The prosecution did not offer to reduce the OVI to a lesser offense, so we had a jury trial. The officer acknowledged our client may have bloodshot/glassy eyes from riding a motorcycle, and our client did not want to perform walking and balance tests due to the boots he was wearing. Through cross-examination of the officer, we demonstrated that our client did not have any problems with mental processing, physical coordination, or divided attention. The jury returned a verdict of Not Guilty.
SEPTEMBER, 2026
Improper Handling Reduced. Our client was pulled-over by a police officer for a Marked Lanes violation. The officer observed signs of intoxication, and our client acknowledged drinking alcohol. The officer asked our client about weapons, and our client told the officer there were loaded firearms in the vehicle. The officer got our client out of the vehicle and requested that our client perform sobriety tests. Our client declined to perform the tests due to a foot injury. The officer arrested our client, and our client refused to consent to a breath alcohol test. Our client was indicted for Improperly Handling Firearms in a Motor Vehicle, a fifth-degree felony.
We pled Not Guilty and investigated the case. The charge was based on our client being under the influence of alcohol while transporting loaded handguns. Our review of the officer’s body-worn camera showed there was doubt about whether our client was under the influence of alcohol. The prosecution reduced the felony charge to a misdemeanor, so our client avoided a felony conviction.
DUI/OVI Reduced and License Suspension Terminated. An officer stopped our client for two moving violations: Speed and Marked Lanes. The officer approached our client’s car, smelled the odor of alcohol coming from our client, and observed an open bottle of vodka in the center console. The officer also observed our client had bloodshot/glassy eyes and slurred speech. The officer administered one standardized field sobriety test, and our client refused the other two. The officer arrested our client, and our client refused a breath test. Our client was charged with OVI, Marked Lanes, and Speed. Our client was also subjected to a one-year Administrative License Suspension for refusing the breath test.
We contested the case and obtained discovery from the prosecution. The discovery showed our client’s speech did not seem slurred, the officer administered the one field sobriety test incorrectly, and our client did not appear to have problems with physical coordination or mental processing. We presented these facts to the prosecution, the prosecution offered a plea agreement, and our client accepted. The prosecution dismissed the charges of Marked Lanes and Speed and reduced the charge of OVI to a no-points violation. In addition, the one-year Administrative License Suspension was terminated as part of the plea agreement.
Not Guilty Verdict in Domestic Violence Trial. Our client was involved in an altercation with her daughter. Police were notified and responded to the client’s home. The police interviewed witnesses and charged our client with Domestic Violence.
We entered a plea of Not Guilty and prepared the case for trial. The prosecution offered to reduce the Domestic Violence charge to a lesser offense, and or client rejected the offer. A jury trial was held, and we presented two defenses: defense of self or another, and reasonable parental discipline. The jury returned a verdict of Not Guilty.
Record Sealed in F-3 Drug Case. Our client was convicted of Drug Possession as a third-degree felony. We filed an application to seal the case records. The judge held a hearing on our application. At our request, the judge waived our client’s appearance at the hearing. At the conclusion of the hearing, the judge granted the application. Our client will now be able to pursue new employment opportunities and volunteer for children’s school activities.
AUGUST, 2026
Felony Dismissed for OVI Plea. An officer followed our client and observed multiple minor traffic violations. The officer stopped our client and smelled the odor of an alcoholic beverage. Our client admitted drinking before driving. The officer administered field sobriety tests and observed many ‘clues’ on the tests. The officer arrested our client and found a loaded handgun in our client’s vehicle. Our client took a breath test, and the result was .193. Our client was indicted for OVI and Improperly Handling Firearms in a Motor Vehicle.
We contested the case. The officer’s body-worn camera video showed our client did not seem to be intoxicated to the point that one would expect a breath test result of .193. We filed a motion to suppress the results of the breath test, as well as the field sobriety tests. Before having a hearing on that motion, the prosecution offered a plea agreement which our client accepted. Our client pled guilty to the charge of OVI, and the prosecution dismissed the charge of Improperly Handling Firearms in a Motor Vehicle.
DUI/OVI Reduced and Felony Not Prosecuted. A trooper encountered our client in a convenience store and smelled the odor of marijuana coming from our client. After our client left the store parking lot, the trooper followed our client. The trooper stopped our client for having window tint which was too dark. Our client acknowledged smoking marijuana. The trooper administered sobriety tests and arrested our client. The trooper seized a loaded firearm from our client’s vehicle. Our client submitted a urine sample, and test results showed a very high marijuana metabolite level. The trooper charged our client with OVI and submitted an investigation packet to the county prosecutor’s office regarding prosecution for the felony offense of Improperly Handling Firearms in a Motor Vehicle.
We entered a plea of Not Guilty and reviewed the evidence. The evidence showed the trooper followed our client for 17 minutes and did not observe any moving violations or evidence our client was under the influence. It also showed the sobriety tests administered by the trooper do not work for detecting marijuana impairment. On the other hand, our client’s urine sample was well over the ‘legal limit’ for marijuana metabolite. Ultimately, the prosecutor on the OVI case reduced the OVI to Reckless Operation with no license suspension, and the county prosecutor agreed to not prosecute the charge of Improperly Handling Firearms in a Motor Vehicle.
DUI/OVI Reduced with No License Suspension. An officer observed our client driving at night without headlights illuminated. The officer stopped our client and observed signs of intoxication. Our client declined to perform field sobriety tests and refused a breath test. The officer charged our client with OVI and imposed a one-year Administrative License Suspension (ALS) for refusing the breath test.
We entered a plea of Not Guilty and appealed the ALS. We obtained a stay of the ALS, so our client’s license was returned while the case was pending. The evidence showed the prosecution would have some difficulty proving the OVI charge. The prosecution reduced the OVI charge to a non-moving traffic offense with no driver’s license suspension and agreed to termination of the ALS.
Felony Improper Handling Case to be Dismissed. Our client was involved in a two-car accident. An officer went to the scene, spoke with our client, and smelled the odor of alcohol. The officer also noticed our client had glassy/bloodshot eyes and spoke with slurred speech. The officer administered field sobriety tests and arrested our client. The officer seized a loaded firearm from our client’s vehicle and charged our client with Improperly Handling Firearms in a Motor Vehicle, a fifth-degree felony
We filed a motion for Intervention in Lieu of Conviction and simultaneously reviewed the evidence. We evaluated the case and determined Intervention in Lieu was the best option. The judge granted the motion for Intervention in Lieu of Conviction. After our client completes the intervention program and supervision period, the case will be dismissed.
JULY, 2026
Intervention in Lieu of Conviction Granted. A police officer stopped our client for failing to stop at a stop sign. The officer smelled the odor of alcohol and observed that our client’s eyes were bloodshot and glassy. The officer conducted an OVI investigation and arrested our client. The officer found a loaded gun in our client’s vehicle. Our client was indicted for OVI and Improperly Handling Firearms in a Motor Vehicle.
We investigated the case and pursued Intervention in Lieu of Conviction. Our client was assessed, a treatment plan was created, and the judge granted our motion for Intervention in Lieu of Conviction on the charge of Improperly Handling Firearms in a Motor Vehicle. Our client pled guilty to OVI. If our client completes counseling sessions and has no new criminal cases for the next year, the Improperly Handling charge will be dismissed.
Commercial Driver Avoids CDL Disqualification. Our client was the at-fault driver in a two-car accident. A police officer went to the accident scene and observed signs our client may be under the influence. Our client declined sobriety tests, was arrested, and refused a breath test. Our client had two prior OVI convictions. Our client received an Administrative License Suspension (ALS) for refusing the breath test, and our client was charged with OVI. Our client was a commercial driver, and an ALS or an OVI in Ohio conviction triggers a CDL disqualification.
We pled Not Guilty and reviewed the evidence. The evidence showed that, without field sobriety tests, and without a breath test, the prosecution’s case was not strong. On the body cam videos, our client did not appear to be obviously intoxicated. The prosecution reduced the OVI to a no-points offense with no license suspension and agreed to termination of the ALS, so our client did not receive a CDL disqualification.
DUI/OVI Reduced and License Suspension Terminated. Our client was riding his motorcycle when he was stopped for failure to use a turn signal. The officer asked our client about drinking, and our client said he had three beers. The officer administered field sobriety tests and arrested our client. Our client refused a breath alcohol test. Our client was charged with OVI and subjected to a one-year Administrative License Suspension for refusing the test.
We contested the case. We obtained discovery from the prosecution, and the video evidence was helpful. It showed the officer did not observe many ‘clues’ during the OVI investigation. It also showed our client performed reasonably well on the field sobriety tests. The prosecution reduced the OVI to a non-moving violation and agreed to termination of the Administrative License Suspension.
Improper Handling of Firearm & DUI/OVI. Our client was stopped because a police officer believed our client was involved in a hit-skip accident. The officer smelled alcohol coming from our client, saw beer cans in the car, and our client acknowledged drinking. The officer administered one sobriety test, and our client declined to perform the others. The officer arrested our client and found a loaded firearm in the car. Our client was charged with OVI and Improperly Handling Firearms in a Motor Vehicle. Our client hoped to avoid a felony conviction.
We entered a plea of Not Guilty and reviewed the case. Our review suggested the prosecution may or may not be able to prove our client was under the influence. In Ohio, that proof is necessary for both the charge of OVI and the particular charge of Improperly Handling Firearms in a Motor Vehicle. We negotiated with the prosecution. The prosecution dismissed the felony charge of Improperly Handling Firearms in a Motor Vehicle, and our client pled guilty to misdemeanor OVI.