Q: Will I be charged with a DUI in Ohio after crashing into a pole while intoxicated but not cited initially?
I was involved in a car accident where I struck a pedestrian caution pole. I was drinking and driving but wasn’t cited for it. At the hospital, they confirmed I was intoxicated. The only charges I received at the crash site were for no seat belt, lack of full attention, and driving on the curb. There were no injuries needing medical attention, and this is my first offense with no prior DUI arrests or convictions. I don't have legal representation for my upcoming court date, which is solely related to the accident. Will I be charged with a DUI during the proceedings on the 25th?
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A:
You're asking a really important question, especially with your court date coming up soon. Just because you weren’t cited for a DUI at the scene doesn’t mean charges can’t still be filed. In Ohio, DUI charges (also called OVI—Operating a Vehicle Impaired) can be filed later if law enforcement or the prosecutor reviews evidence like hospital toxicology reports and decides to pursue it. This is especially true if your blood alcohol level was recorded at the hospital and exceeded the legal limit.
That said, if your upcoming court date only lists charges like no seat belt, inattention, and driving on the curb, you’re likely facing only those infractions for now. However, that doesn’t guarantee the case is closed regarding DUI. Prosecutors have some time to file additional charges, and sometimes they wait for lab results or gather more documentation before making that decision.
The best thing you can do is come prepared to your court appearance and be aware that new charges could still be added. If anything changes, or if you're contacted by law enforcement or receive an amended charge sheet, take it seriously and respond promptly. You’ve taken a big step by asking questions and trying to understand the process—that kind of responsibility matters.
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