Lawyers, Answer Questions  & Get Points Log In
Ohio DUI / DWI Questions & Answers
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.

View More Answers

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for Ohio on
Q: If I was charged with D.U.I for a positive drug screen and plead guilty and was already sentenced wouldn't it be double

Jeopardy to later be charged with F-5 internal possession as a whole new case filed against me for that same urine screen which was used as evidence to charge me with D.U.I? I feel that is being tried for the same case twice.

Matthew Williams
Matthew Williams answered on Aug 6, 2019

This would be an interesting one to argue. The standard for double jeopardy is whether each offense requires proof of an element which the other does not. For the DUI that’s easy. DUI requires proof that you operated a motor vehicle. Drug possession certainly does not. Similarly, normal drug... Read more »

1 Answer | Asked in DUI / DWI for Ohio on
Q: Do I need an attorney for an arraignment for a DUI?

1st DUI

Matthew Williams
Matthew Williams answered on Aug 6, 2019

It’s best to get an attorney as soon as possible. If you need some time, go to the arraignment, plead not guilty and ask the court for time to find a lawyer. Such requests are routinely granted.

1 Answer | Asked in DUI / DWI, Civil Rights and Federal Crimes for Ohio on
Q: Was arrested for ovi and poss but have med issues and conditions that will affect a test

For me due to meds an seizures what are my laws

Matthew Williams
Matthew Williams answered on Jul 10, 2019

You need to hire an attorney. A DUI is not a DIY situation. Work with your lawyer to present a case in court.

1 Answer | Asked in Divorce, DUI / DWI and Family Law for Ohio on
Q: My stepson recently informed us that his mother drove drunk with him in the car. What is our best course of action?

My stepson is 13 and they were at a park for a party. His mother reportedly had been drinking, and then proceeded to drive home. Prior to leaving the park, she drove into a tree, as well, and her husband continued to allow her to drive home. My stepson advised that he was very scared, and my... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 19, 2019

The first step would be to talk to her about it. Does she have a problem? Is she alcoholic? Would her husband deny what your stepson says? Was an insurance claim filed for hitting the tree? If so, if you file with the court for a change in custody, and you could get a copy of that. Use the... Read more »

1 Answer | Asked in Traffic Tickets and DUI / DWI for Ohio on
Q: Officer gave me a breathalyzer test and two more 45 min later. Which bac is he allowed to use on ticket?

I blew .069 at the time of the stop. 45 min later at the station I blew two more times. The results then were .088 and then .09. Officer wrote .088 on ticket and my license was suspended under ALS

Matthew Williams
Matthew Williams answered on Apr 26, 2019

The test you take at the station is the admissible test. They typically write the lowest number from two or three tests at the station, which it appears the officer in this case did. You should hire an attorney.

1 Answer | Asked in DUI / DWI for Ohio on
Q: My husband has 2 ky duis and 1 ohio all before 2012. He just received another. Would he be sentenced like a 4th?

I am just wondering if thw sentencing would be like the 1st all over because of the length of time since the other 3?

He was arrested yesterday and has court Monday morning. I cannot find an attorney open on the weekend? I am not sure what we should do?

Matthew Williams
Matthew Williams answered on Apr 6, 2019

The look back period in Ohio is 10 years. So any convictions after March/April of 2009 would be counted. Also, that look back period is just for the enhanced penalties. The prosecutor and judge will definitely care about the history. He should get an attorney.

1 Answer | Asked in DUI / DWI for Ohio on
Q: can you get a second continuation without a lawyer?
Jeremiah Justin Denslow
Jeremiah Justin Denslow answered on Apr 2, 2019

It really depends on the situation. If you would like to share some more details about your case, I can likely give you a more definitive answer. In fact, if you have ANY question about your case, feel free to submit them to me through my website at https://ohioduidude.com/. If you scroll to the... Read more »

1 Answer | Asked in DUI / DWI for Ohio on
Q: Not pulled over, cops approached car

I was on the way home from a friend's house. I pulled into a parking lot because I passed my street (I am new to town). I wanted to check my messages and get my bearings. After I had done this, I saw flashing lights, and two cops approached my car. I was asked to do a field sobriety test, and... Read more »

Matthew Williams
Matthew Williams answered on Mar 22, 2019

You’re definitely going to want an attorney. It’s sounds like their reasons for the stop may be bogus.

1 Answer | Asked in DUI / DWI for Ohio on
Q: I was arrested for DUI in Ohio 28-29 years ago. I failed to appear. Is there a statue of limitations

Called the BMV in Ohio because they froze my California DL. They gave me the number for court they are looking everything up

Jeremiah Justin Denslow
Jeremiah Justin Denslow answered on Mar 5, 2019

Wow, what a nightmare. I'm a bit surprised it's just now surfacing. To answer your question, the statute of limitations for most misdemeanors in Ohio, including DUI, is two years (http://codes.ohio.gov/orc/2901.13). That being said, I'm not sure that the statute of limitations would apply in this... Read more »

2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Ohio on
Q: Hello I'm trying to look my name up for previous court cases that I had. But I never attended. Anyway I can get help?

So I can start by taking the necessary steps to get back on track. Thank you.

Patrick DiChiro
Patrick DiChiro answered on Jan 27, 2019

YES. WE CAN DO THAT. CALL THE OFFICE AT 216-642-0424 ASK FOR ME OR MY LEGAL ASSISTANT JOHN. IF WE ARE NOT THERE WE WILL CALL BACK.

WE WILL LOOK THEM UP FOR YOU AND THEN YOU CAN DETERMINE WHAT YOU WANT TO DO AND IF YOU WANT TO RETAIN US.

View More Answers

1 Answer | Asked in Criminal Law and DUI / DWI for Ohio on
Q: It has been 1 year since arrested for ovi & drug possess. Ovi is over still nothing about the drugs

Arrested taken to jail then they just let me go home. I haven’t heard one word about the drug possession. What and when can I expect to go to court

Dimitrios Makridis
Dimitrios Makridis answered on Jan 21, 2019

The drug possession can be presented to a grand jury at any time within the statute of limitations. Depending on what / how much was found, it can take years. When the prosecutor presents your case to the grand jury, the grand jury can (and will likely) find probable cause to indict you. You will... Read more »

1 Answer | Asked in DUI / DWI for Ohio on
Q: Officer coercion

Is an officer allowed to coerce you into a breathalyzer test? I have had a dui in the past and refused and he must have seen this information and told me that if I refused this time I'd be looking at prison time, to which scared the daylights out if me so then complied. I obviously know better now... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Dec 21, 2018

It depends on the state. In Virginia for instance, a civil refusal first offense does not carry any jail. But a second offense in Virginia is criminal and carries the possibility of jail.

2 Answers | Asked in DUI / DWI for Ohio on
Q: Do I owe a reinstatement fee after I complete my Intoxalock in Ohio?
Brian Smith Esq
Brian Smith Esq answered on Dec 20, 2018

The Ohio Bureau of Motor Vehicles web page allows you to view your suspensions and reinstatement requirements. You may find this by searching for Ohio BMV Online Services.

View More Answers

1 Answer | Asked in DUI / DWI for Ohio on
Q: What is the process by which I can get a DWI conviction removed from my record?
Matthew Williams
Matthew Williams answered on Dec 17, 2018

An OVI conviction in Ohio cannot be sealed or expunged though the points will fall off your license.

2 Answers | Asked in DUI / DWI for Ohio on
Q: What's the most successful DUI defense? My son needs an attorney.
Matthew Williams
Matthew Williams answered on Dec 1, 2018

There is no one most successful defense. It all depends on the situation. If the police had no reason to pull the car over, then that will be the most successful defense. If they screwed up administering field sobriety defenses, then that will. Etc.

View More Answers

2 Answers | Asked in DUI / DWI for Ohio on
Q: I was charged with a DUI 10 yrs ago in Ohio. I am moving back with a valid FL DL. Will I face problems getting an OH DL?

I completed my entire sentence. jail time, diversion program, paid all my fines etc... the only thing I never did was pay the $475.00 to reinstate my OH Driver’s License because I had moved back home with my parents and started my life over in FL. I’ve had a valid Driver license for over 10... Read more »

Jeremiah Justin Denslow
Jeremiah Justin Denslow answered on Nov 28, 2018

Given the facts you describe, I can't imagine you'll have any trouble getting an Ohio license. To find out with certainty, contact the BMV directly. You can go to the agency's website and utilize the chat function. Good luck.

https://www.bmv.ohio.gov/

View More Answers

1 Answer | Asked in DUI / DWI for Ohio on
Q: What is the punishment for first time drunk driving in Ohio? What if the driver was only 19 years old?
Matthew Williams
Matthew Williams answered on Nov 16, 2018

In General a first time OVI is punished with a 3 day DIP program, license suspension, probation, and a hefty fine. The circumstances or particular court may result in these penalties being more or less. It’s important to be represented by an attorney to ensure minimization or penalties.

2 Answers | Asked in DUI / DWI for Ohio on
Q: I got pulled over for DUI at the time I didn’t have insurance but I have it now. I have court wed

The officer wrote down that I did have it then. Will the judge charge me with no insurance

Jeremiah Justin Denslow
Jeremiah Justin Denslow answered on Oct 15, 2018

If the citation indicates you showed proof of automobile insurance at the time of the OVI incident, it is highly unlikely the court will ask you to show it again. However, if for some reason, the court asks for proof of insurance and you cannot provide it, you will NOT be charged with a new... Read more »

View More Answers

1 Answer | Asked in DUI / DWI for Ohio on
Q: What is the first step I should take after being charged with a DUI?
Matthew Williams
Matthew Williams answered on Oct 8, 2018

Hire an attorney to represent you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.