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Ohio DUI / DWI Questions & Answers
1 Answer | Asked in Criminal Law, DUI / DWI, Civil Litigation and Civil Rights for Ohio on
Q: If you're indicted on a felony 4 ovi, and you don't have enough ovis to have that indictment. What happens to your case?

Its actually 2 in ten years and 3 in 20 years is what the person has. The court is trying to drop it to an unclassified misdemeanor 1 and I don't see how that is even possible considering the indictment was signed by a grand jury for the Felony 4 ovi. You can't just change something... Read more »

Matthew Williams
Matthew Williams answered on Jun 21, 2021

They can and do amend charges all the time. It seems like an odd mistake to make owing to how simple it is to count years and convictions, but the mistake was made and so it has to be corrected. There's no violation of civil rights. The defendant gets a huge benefit here, why would he not want... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Probate for Ohio on
Q: What if I am on probation and condition of my probation is to not drink alcohol and I get in a car accident drunk

Before this I was on probation and broke it for getting a DUI and went to jail for one year then got on probation again this time and for the first time broke it by testing positive for alcohol and then got in the accident the next day in geauga county

Andrew Popp
Andrew Popp answered on Jun 21, 2021

You are subject to the same maximum penalties as you were for the original charge. Every time you violate probation the punishment typically increases. What should you do? Hire an attorney to get you the best possible resolution. Don't expect a miracle with these facts however.

1 Answer | Asked in Criminal Law and DUI / DWI for Ohio on
Q: court scheduled a mental health evaluation for "competent to stand trial". problem - we have no transportation.

does the court have to provide transportation?

Matthew Williams
Matthew Williams answered on Jun 10, 2021

The court will only provide transport if the individual is incarcerated or in an inpatient mental health facility by order of the court.

1 Answer | Asked in DUI / DWI and Appeals / Appellate Law for Ohio on
Q: Can you assist me?

i dont know what your fee is but i feel it's worth it for me to fight and im more valuable to my family staying free. I have a thousand now and i have a new small auto company, so with my contracts that i have active, im hoping we can work with me?

Matthew Williams
Matthew Williams answered on May 23, 2021

This is a forum. It’s likely you can find someone to work with you, but you’ll need to reach out individually to some lawyers in your area.

1 Answer | Asked in DUI / DWI for Ohio on
Q: Can you get a DUI without going to jail or receiving a ticket?

Have a friend that got pulled over. The cop just followed him home. He ran his license but there was no ticket given and he wasn't arrested. He told the cop he had a few beers when he got pulled over.

Matthew Williams
Matthew Williams answered on Mar 29, 2021

In theory, yes, they could come back and ticket you or send you a summons. In practice, they usually arrest immediately.

1 Answer | Asked in DUI / DWI for Ohio on
Q: In the state of Ohio does information on a ticket that the cop gives you for an ovi need to match the cops report?

Example if the ticket says refused to take a breathalyzer but the police report states there is a bac level of .117

Matthew Williams
Matthew Williams answered on Feb 23, 2021

More information is need. A lot of times what's happening here is that the individual took a portable breath test by the side of the road, which is inadmissible due to reliability issues, and then refused to take the test back at the station. If that is the case, then the refusal charge is... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Ohio on
Q: Is there a way to expunge or seal the Felony DUI in Ohio? If not Is there a way to reduce the felony to Misdemeanor.

I've come to the conclusion I cannot expunge a DUI in the state of Ohio. Therefore, I was asking if I could reduce the Felony that came along with it. Maybe try to get it reduced to misdemeanor? Keep the DUI but get rid of having to put I was convicted with a felony. This is felony is from... Read more »

Patrick DiChiro
Patrick DiChiro answered on Jan 15, 2021

If you are referring to reducing a felony OVI, yes there is a possibility of doing that WHILE the case is pending. The same is true for other felonies. However, after you have already been convicted, you cannot obtain a reduction because you have alread plead and been sentenced. Your case is... Read more »

2 Answers | Asked in DUI / DWI for Ohio on
Q: Can I expunge, seal, or non-disclosure a felony dui i was charged with years ago?
Patrick DiChiro
Patrick DiChiro answered on Jan 12, 2021

NO. PURSUANT TO OHIO REVISED CODE SECTION 2953.36(A)(2), A DUI IS NOT CAPABLE OF BEING EXPUNGED.

SORRY TO PASS THIS ALONG.

PAT DICHIRO

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1 Answer | Asked in DUI / DWI for Ohio on
Q: I am applying for a school bus driving job. I had a DUI 15 yrs ago. Will this show up on the abstract?
Brian Smith Esq
Brian Smith Esq answered on Nov 18, 2020

In Ohio, traffic offenses - including DUIs - remain on a person's record. They do not drop off at any time in terms of background checks. However, auto insurance companies typically only look back so far. One would expect that a school would see a prior Ohio DUI conviction if it ran a... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Ohio on
Q: I was recently arrested for OWI in Ohio, does that mean my license is suspended?
Brian Joslyn
Brian Joslyn answered on Sep 9, 2020

In the state of Ohio, your license is automatically suspended if you refused OVI testing or had a BAC reading of .08 or above. So, if you were arrested for OVI you should expect to receive notification relatively soon of your upcoming suspension. You do have 30 days after the initial appearance for... Read more »

1 Answer | Asked in DUI / DWI for Ohio on
Q: I am on probation for 2nd DUI, which was dropped to a DUI 1, I just received my 3rd in under 10 years. Since my second

Was dropped to a first, will my 3rd have 2nd DUI penalties? I’m going to treatment for 4-6 months, will this help my case?

Matthew Williams
Matthew Williams answered on Aug 27, 2020

It depends how it is charged. The way that an OVI is "dropped" to a first instead of second is that the prosecutor simply doesn't allege the prior conviction. It's still there. The prosecutor this time around could allege both prior convictions making it a third, or could allege... Read more »

1 Answer | Asked in DUI / DWI and Family Law for Ohio on
Q: How do I know if my ex is required to have restrictive plates on his vehicle?

A court order issued in June says he must have restrictive plates, but there is no indication as to when the restriction would end.

Matthew Williams
Matthew Williams answered on Jul 11, 2020

The restriction ends when his limited driving privileges end and he can go back to having a regular license, which will be when any suspension ordered is over with.

1 Answer | Asked in DUI / DWI for Ohio on
Q: Have a DUI on record. Recently got an OWI. Trying to obtain liscense to be able to drive to work?
Patrick DiChiro
Patrick DiChiro answered on Jun 3, 2020

Okay. It appears that you recently got an OVI not OWI. So you are eligible for driving privileges as follows:

1) IF this is your first in 10 years, then you can obtain driving privileges after 15 days if you took the breath test and tested over, if you refused the test, then it is 30 days;...
Read more »

1 Answer | Asked in DUI / DWI for Ohio on
Q: was cited for omvi in ohio sherriff did a urine sample and failed to follow chin of custody rules so im fighting to get

fighting to get dismissed 2day at 2nd pretile they asked for a urine sample this is illegal so i left

Matthew Williams
Matthew Williams answered on Apr 17, 2020

You have not asked a question but challenging their evidence is something you really ought let a lawyer do for you. Also, if you simply stormed out of a pretrial, there’s a chance they’ve issued a warrant.

1 Answer | Asked in DUI / DWI for Ohio on
Q: How can I handle a bench warrant if I cannot travel due to illness?

Ten years ago I plead guilty to dui. Like a fool, I didn’t pay my fines or court costs. I have been in no trouble since but I want to make everything right and get my license back. I am ill and on dialysis while I await transplant and traveling to the original court is impossible.

Brian Smith Esq
Brian Smith Esq answered on Apr 12, 2020

You should contact an attorney who may help you take care of this. There can be times when the only remaining thing to take care of with a case is payment of fines/costs, and an attorney can file a motion along with payment of the outstanding costs to get the court to withdraw the warrant.... Read more »

2 Answers | Asked in Criminal Law, DUI / DWI and Cannabis & Marijuana Law for Ohio on
Q: What can I do to fight a class 5 felony in Ohio? Police found less than a gram of meth amphetamine in my trunk.

I am from PA but was driving through Ohio. I stopped at a gas station and while pumping gas I found a strange package. I was unsure of what it was but my curiosity took over and i grabbed it, throwing it in the trunk of my car.

I was already driving with marijuana and marijuana... Read more »

Matthew Williams
Matthew Williams answered on Jan 17, 2020

You should hire an attorney. There are several problems with your defense. First, ownership is not the issue. Possession is. Second, just because you're clean also doesn't mean your not guilty of the possession charge. It is illegal to possess these drugs whether you use them or not.... Read more »

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1 Answer | Asked in DUI / DWI for Ohio on
Q: DUI charge, absconded in 2012, odd circumstances.

I was on vacation and was charged with dui but immediately released. I honestly forgot about it for years but now I have to get my license and Ohio has a hold. I assume I have to come and turn myself in. I consulted with one lawyer who said he could get this resolved in probably 1 hearing as I am... Read more »

Mark Ryan Thiessen
Mark Ryan Thiessen answered on Jan 6, 2020

Yeah, you have to deal with it in Ohio. Hire the best lawyer that you can afford , but if you are homeless then look for free representation through the Public Defender or other free lawyer services up there.

1 Answer | Asked in DUI / DWI for Ohio on
Q: I was pulled over 2 day ago with marijuana and open containers of alcohol i’m 18 had a bac of 0.10 should i plead guilty

cop said i swerved one time. failed one part of sobriety test because of harsh wind and it was freezing. i had a small amount of marijuana, a pipe, 2 open containers and one unopened. should i i plead guilty

Brian Smith Esq
Brian Smith Esq answered on Nov 29, 2019

You should talk with an experienced OVI attorney immediately and certainly before entering any plea. You do not want to give up your rights without exploring what they are, what happened and what you are charged with.

2 Answers | Asked in DUI / DWI for Ohio on
Q: Need help with my case ovi and speeding

Speeding 81 in a 60 and ovi number 2

Brian Smith Esq
Brian Smith Esq answered on Nov 10, 2019

Yes, if it is your second OVI then you should contact an attorney immediately. You could use the find a lawyer link here.

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2 Answers | Asked in DUI / DWI for Ohio on
Q: In Ohio, do OVI’s cross county lines when doing sentencing?

I have one OVI in Franklin County and just received my second in Delaware County. Will that count as 3? The first was in 2015, 2017, and now.

Matthew Williams
Matthew Williams answered on Aug 16, 2019

Yes, that’s going to be a third.

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