+ Why did the police stop you in the first place?

Every OVI starts with police interaction. Sometimes this is a drunk driving crash but often the police are patrolling for OVI arrests. This can lead to pretext traffic involving a minimal traffic violation or no violation at all. A judge can rule this initial stop was in violation of the 4th Amendment right to be free from unreasonable searches. This leads to all subsequent evidence being suppressed.

+ Why did the police ask you to get out of your car?

Although drinking and driving has been stigmatized, it covers behavior as innocent as one glass of wine or beer at dinner. OVI arrest reports almost always contain language such as “an odor of alcohol” and “bloodshot and glassy eyes.” If a Judge rules that you should not have been removed from your car, all evidence gathered beyond that point can be suppressed.

+ What are field sobriety tests?

Police administer Standardized Field Sobriety Tests (SFSTs) whenever possible in an attempt to measure “what you did” vs. “what you should be able to do.” This concept needs to be challenged. No two people are the same.

The three NHTSA certified tests are:

• Horizontal Gaze Nystagmus (HGN) – The HGN test looks for 6 “clues” that police will testify lead them to an arrest decision.

• Walk and Turn Test (WAT) – Law enforcement is looking for 8 clues during the Walk and Turn Test. It is not enough to “stay on the line."

• One-Leg Stand Test (OLS) – The one-leg stand test is a similar to the WAT test in that it involves more than the title suggests. Law enforcement is looking for 4 clues.

You will probably see reference to these tests in paperwork you are given. Ohio Courts have ruled that when improperly administered these tests are not admissible in court. Make sure your attorney knows what these tests should look like.

+ Should the police have made the decision to arrest me?

The law requires Probable Cause – an accurate assessment that more likely than not a crime has been committed to make an arrest. This decision can be “second guessed” in court by a Judge who takes into account the factors known to the police when they place a Defendant under arrest. Field Sobriety Tests, admissions to illegal behavior, cruiser video, body cameras and observations by the police can all be taken into account.

+ What if I took a breathalyzer test?

Ohio Law allows for breathalyzers to be administered on a properly maintained BAC DataMaster, Intoxilyzer 5000, or Intoxilyzer 8000. If you test over the Ohio Breath Test limit of .08 g/210L breath you are “per se” over the limit. You may see this charge on your ticket. It is a powerful piece of evidence that a prosecutor may use against you. It can be attacked and rebutted by an attorney using caselaw and legal challenges.

+ What happens at the first court date?

A first court date is typically an arraignment. At this court date you enter a plea of “Guilty,” “Not Guilty,” or “No Contest.” The Court will inform you of the worst penalties possible upon conviction to impress upon a Defendant that they need an attorney. Your attorney could address a license suspension, get paperwork from the prosecutor, and even resolve your case quickly.

+ What happens after arraignment?

A pre-trial is the next hearing. The course that an OVI | DUI case takes after arraignment is a matter of strategy and planning. Pre-trials and other informal hearings can be used to collect information, negotiate and resolve cases.

+ What are Motion Hearing dates?

What a jury is allowed to see at trial is crucial to defense against an OVI | DUI charge. What they can or can’t see can be scrutinized at a motion hearing date where a Judge reviews legal challenges to evidence and can suppress or “throw out” evidence before trial.

+ How does an OVI | DUI case end?

All cases end with a plea bargain or trial. After the court dates listed above have been exhausted, a case is set for trial. Depending on the county in which the OVI | DUI is filed this court date may be the last time a Defendant is in court. In busier counties there may be multiple “Jury Trial” dates while the parties attempt to resolve the case.

+ Can my DUI | OVI charge be reduced?

In theory, it can be reduced but prosecuting attorneys are under great pressure to fight back against OVI reductions. If a prosecutor believes the attorney they are up against will achieve a “not guilty” at trial, they will often times try to negotiate. The days of casually reducing OVI charges are gone, and it is critical that you have an attorney who is known for taking cases to trial if they are unable to achieve a good result with negotiation. OVI cases are litigated more than all other misdemeanors.

+ What is a reduction from OVI | DUI?

The two most common OVI | DUI reductions are Physical Control and Reckless Operation. Both Physical Control and Reckless Operation of a Motor Vehicle (ROMV) are common OVI reductions. They are misdemeanors of the first degree but carry no mandatory OVI penalties, which make them much more negotiable outcomes. The reality is that depending on the case even prosecuting attorneys have broad discretion to reduce charges. Any guaranteed reduction from OVI is worth consideration but each case is different.

+ What will the OVI | DUI penalties be if my charge is amended to a reduced charge?

Mandatory OVI | DUI penalties for a first offense include:

• 1-year license suspension

• 3-day Driver’s Intervention Program

• $375 fine

Prosecuting Attorneys tend to begin from the position that the penalties should remain the same as OVI penalties even if a reduction is given. Depending on the facts of the case these penalties are not mandatory and can all be negotiated. License suspensions in particular become “sticking points” that can be negotiated.

+ Will I get driving privileges while my OVI | DUI case is pending?

The fast answer is “yes.” It is extremely rare for a Judge to deny driving privileges altogether but the timeframe in which privileges are granted varies greatly from county to county and judge to judge. A more accurate guess is possible with more information about your case. Call or text us at the link above for a consultation where your details can be considered.

+ Will I be put on probation for an OVI | DUI?

This varies greatly by the courthouse in which your case is filed. For instance, many Mayor’s Courts do not have a probation department so it is not possible. It is most common for there to be a period of probation on both OVI | DUI pleas and reductions. Call or text us for a consultation where your details can be considered.

+ What does probation look like for an OVI | DUI?

There are a variety of factors that impact “the probation experience.” Length of probation can be from a few months to 5 years, with 1 year being the most common length of probation for an OVI | DUI.