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Ohio DUI / DWI Questions & Answers
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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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.

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