There is not a short answer, pat answe,r that can be given to your question. There are many factors that could play into the State's decision. You should definitely speak with an OVI/DUI defense lawyer in the area where you were allegedly charged. I would do an attorney search as soon as... View More

He was probably supposed to go meet with a probation officer. Not doing so, may well be the violation. But, really, how can we know based on your question. They will have to tell him what the alleged violation is. My guess is he was supposed to go set up regular appointments with them and never did.

How many total DUI convictions does he have? Were any of his priors felonies? There is a cheat sheet for these made you can see here: https://www.ghmc.org/sites/default/files/pdfs/ovichart.pdf

The short answer is that he likely eligible again for a DIP program. But, keep in mind that is a... View More

You present an interesting set of facts. Unfortunately, the best advice I can provide is obtain the services of an experience OVI/DUI attorney. Since there was no chemical test, the prosecution will have to rely upon circumstantial evidence that when you were driving and crashed you were impaired... View More

Typically, they take you to jail to complete a booking process, and try to get you to take the breathalyzer test at the station.

There is no BAC on the ticket because at the time it was issued the officer did not have the urine test results back from BCI. Did the officer read a form to you before you gave the urine sample? Did you sign the front of the form, BMV 2255? If you are convicted of a simple low test OVI, your... View More

Unfortunately, the record of an OVI conviction cannot be sealed.

We can't tell you what the prosecutor will charge him with, but you should simply tell them the truth.

Yes, you must identify yourself and provide ID and insurance if you have them. But, you are not required to answer questions beyond that. Of course, if you refuse to answer questions they will probably go ahead and arrest you. But, at least there won't be a damaging admission to having... View More

You can do the DIP school in lieu of three days of jail, the judge can sentence you to up to 180 days of total jail time.. If you had a high test, your jail time would be a minimum of six days, or three in jail and three in the DIP. Again,there is no guarantee of receiving a minimum sentence.

You need to contact an attorney in the area where the alleged charges were brought as soon as possible, if you have not done so already. The State has several options available to them on how to proceed, and you need an attorney versed in the law to discuss your options with you. This could be a... View More

Yes, she should be represented by an attorney, given that the "program" apparently did not take the first time. You did not say whether she is over eighteen years of age.

You have provided inadequate information to give anything other than a qualified "yes." He will do jail time if pleads to or is found guilty of the OVI, unless he is a first time offender and can afford an interlock devise. Given that there must have been children in the car, he very... View More

In Ohio, an OVI is pretty much permanently on your record. Since April 6, 2017, the look-back time for sentence enhancement based a prior OVI (not a refusal) was increased from six years to ten years.

Generally, one can avoid jail time on a first time OVI. But, it is possible to get up to six months.

Probably not. Ohio law generally does not permit the sealing of traffic records. R.C. 2953.36(A)(2).

There is one exception to this, which is a bit complicated, and arguably unfair. The exception is contained in R.C. 2953.61(B)(1), which says that where a person is charged with more than... View More

How first offense OVIs are treated depends heavily on a number of factors. Most important: (1) The personalities of the judge and prosecutor, and (2) whether or not you get a lawyer. I strongly recommend you hire an attorney who practices often in the jurisdiction with which you will be dealing.

It's really impossible to say without knowing who the judge is. It is certainly possible.

They are slightly harsher for the underage, for example, the first time OVI usually carries a mandatory 3 days in jail, but its 10 for underage. There are similar small increases throughout the sentencing scheme, which depends on high or low tier and number of offenses as well as age. Also an under... View More

The 20 year look back period only really matters if you have a lot of OVIs. There are enhanced penalties for more than one in six years and for five or more in 20 years. Your OVI should be charged as a first in six, standard OVI.