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Ohio DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Ohio on
Q: At my arraignment in the morning , is it best to plea guilty or not guilty for first dui
T. Augustus Claus
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answered on Nov 29, 2023

Pleading guilty to a first DUI in Ohio can have several benefits, including:

Reduced Sentence: You may be able to negotiate a reduced sentence with the prosecutor if you plead guilty. This could mean less jail time, a smaller fine, or fewer probation requirements.

Quicker...
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1 Answer | Asked in DUI / DWI and Traffic Tickets for Ohio on
Q: I am 25 and was stopped for speeding and had been drinking . This was my first DUI and my arraignment is in the morning

I’m currently not working , but should I plea not guiltily or guilty .

Patrick DiChiro
Patrick DiChiro
answered on Nov 24, 2023

I always recommend pleading not Guilty. The OVI is a high level misdemeanor. A first OVI carries 6 points on your license, which will definitely affect your insurance rates. You will also get a 1-3 year license suspension. So, this is something not to take lightly. It will have an impact on... View More

2 Answers | Asked in Bankruptcy and DUI / DWI for Ohio on
Q: Can you file bankruptcy for dui fines and court costs thst total 13000 in the state of TN
James L. Arrasmith
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answered on Nov 10, 2023

In general, DUI fines and court costs are typically not dischargeable in bankruptcy. This holds true in most states, including Tennessee. Bankruptcy laws often exclude certain types of debts from being discharged, particularly those related to criminal restitution and penalties. DUI-related fines... View More

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1 Answer | Asked in Car Accidents, Personal Injury, DUI / DWI and Insurance Defense for Ohio on
Q: Do I legally have to disclose my Umbrella limit after an at-fault accident? Or can a judge force me to disclose it?

Does having a higher Umbrella limit make me a target for a larger settlement after an accident? Is this a State by State Law and if so, is there a good source to check?

Tim Akpinar
Tim Akpinar
answered on Mar 5, 2023

An Ohio attorney could advise best, but your question remains open for four weeks. Until you are able to consult definitively with a local attorney, your carrier might be able to provide guidance on this. Case law on disclosure could differ by state - but carriers nationwide are attentive to the... View More

1 Answer | Asked in DUI / DWI for Ohio on
Q: Can I sue my attorney for malpractice for not filing proper papers on ovi case?

I paid a attorney to handle a ovi case in ohio. And we went to court and the ovi case was knocked down to a M1 physical control. But when I asked the attorney to file papers to have the administrative suspension lifted from the license I keep getting a run around. The attorney either doesn't... View More

Matthew Williams
Matthew Williams
answered on Oct 20, 2022

The ALS suspension should have been terminated by the judge when the court sentenced you on the physical control violation. When a judge sentences an offender on an OVI or physical control violation, he or she is required to impose a court ordered suspension as a result of the conviction. The ALS,... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Ohio on
Q: What if you are sent to the wrong county, for which the offense occurred?

I was pulled over for minor traffic offenses and charged with a ovi. It happened in a town with multiple countys. The cop put the wrong county on my ticket and then the mayors court judge asked me what county it was in so I said what's on the ticket, knowing it was definitely the other county.

Roger  Bouchard
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Roger Bouchard
answered on Nov 11, 2023

Retain an attorney and have them try to have it dismissed. They have to prove you were in the County on the ticket when you received the DUI. They are not able to if you are correct.

Good luck!

1 Answer | Asked in DUI / DWI for Ohio on
Q: Can I still test to apply and get to obtain a CDL license in Ohio with multiple DUI offenses?

All misdemeanor offenses. Last offense was in 2008.

Roger  Bouchard
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Roger Bouchard
answered on Jul 27, 2023

Unfortunately, just one drug violation prohibits you from obtaining a CDL in Ohio.

1 Answer | Asked in DUI / DWI for Ohio on
Q: Just got my 4th ovi in Ohio over the weekend… my third ovi in January… what jail time am I looking at ?

Is there any way out of getting jail time?

I also got charged with failure to comply and D.U.S

Matthew Williams
Matthew Williams
answered on Apr 14, 2023

It is pretty difficult to avoid serving some jail time on a 4th OVI. That said, you need to work with an attorney to go through the stops and make sure the government can prove their case before accepting a deal, or fighting through to trial if you and your attorney determine it is worth the risks.

1 Answer | Asked in DUI / DWI for Ohio on
Q: Currently on probation and OVI court. I recently started my car and it read .014, second time was .011 and then 000.

I understand there's false positives sometimes. Unless it's a warning or fail is this something I need to worry about ?

Patrick DiChiro
Patrick DiChiro
answered on Apr 7, 2023

I am not sure of the mechanics of a inter-lock system. However, I would not take anything for granted. I would contact the inter-lock company and have your unit checked, and document it some way. Last thing you need is to be violated for a false positive.

I wish you the best.

Patrick DiChiro

2 Answers | Asked in DUI / DWI for Ohio on
Q: Granddaughter charged with underage consumption, OVI and blew .231 Would you recommend getting an attorney

This was her first offense. Commutes to college. Could she represent herself or would a court appointed attorney be wise.

Roger  Bouchard
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Roger Bouchard
answered on Jan 9, 2023

Always be represented when your freedom is at risk. There are possible favorable resolutions to your case if there are constitutional issues.

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1 Answer | Asked in DUI / DWI for Ohio on
Q: I was charged with a OVI in Portsmouth Ohio after rear ending a car in front of me.

I am diabetic and has been out of my medicine for about 2 weeks. I had stopped in Western Virginia and had drank a pint of fireball whiskey and a can of Mikes hard lemonade while I was resting and then got back on the road to Mount Gilead Ohio at about 5am. I blew a .115 on the breathalyzer but... View More

Roger  Bouchard
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Roger Bouchard
answered on Jul 15, 2022

Unfortunately not. And the amount you drank put you over the limit. Your being diabetic and drinking two high sugar cocktails does not make sense especially when you were not medicated.

1 Answer | Asked in DUI / DWI and Traffic Tickets for Ohio on
Q: Hello. My husband got arrested tonight about a bench warrant. Back in July 2021 he got stopped for driving under suspen

He failed to appear in court for that.

I got stopped tonight while he was a passenger. They ran his s.s number and arrested him. He has had DUI's in the past 5+ yrs ago which is why his license is suspended. He owes child support too. They said in july 2021 the truck he was driving... View More

Roger  Bouchard
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Roger Bouchard
answered on Jul 10, 2022

First of all, he is facing multiple DUI's, which, if occurred within 10 years of each other raises the penalties significantly. Then, the DUS, which is a blatant disregard of the law under DUI suspension is an M1 which carries a possible 180 days. Make sure he has insurance. The plates are... View More

1 Answer | Asked in DUI / DWI for Ohio on
Q: I got an OVI and due to the circumstances, I'm wondering if the case could get dropped.

I was drunk and while driving two civilians boxed me in the highway and forced me to pullover. Afterwards they called the cops and they arrived. No cop saw me driving, I refused all sobriety tests, along with breathalyzer and blood test. Due to the circumstances is there a chance I could get out of... View More

Matthew Williams
Matthew Williams
answered on Apr 19, 2022

The folks who stopped you sound like the types who will turn up to testify against you. So I would not expect a dismissal. You should hire an attorney and work this down.

2 Answers | Asked in DUI / DWI and Car Accidents for Ohio on
Q: Last evening my 19 year old son passed out while driving on interstate then when off the road striking 4 signs, a

Drainage cap and traveling 1700 feet. He was transported to hospital. Police searched his car which the found pain pills he was prescribed due to wisdom teeth out Tuesday and marijuana. He advised police he took pain pill at 11 that day and hadn’t smoke since last weekend. He consented to... View More

Brian Smith
Brian Smith
answered on Apr 17, 2022

He should contact a local experienced OVI attorney.

At the first court date, your son will be given the opportunity to enter a plea. If he cannot afford an attorney, he can also ask the court to appoint one. To challenge the charges, a not-guilty plea would need to be entered....
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1 Answer | Asked in DUI / DWI for Ohio on
Q: If someone pled not guilty and have not been sentenced can they start punishment
Matthew Williams
Matthew Williams
answered on Mar 24, 2022

No. But they can put conditions on bail that may be interpreted as starting punishment. Anyone charged with a crime should work with a lawyer.

1 Answer | Asked in DUI / DWI for Ohio on
Q: Was it legal or illegal to carry a switch blade in Oklahoma in the 1960s?
Matthew Williams
Matthew Williams
answered on Mar 10, 2022

Ohio attorneys in 2022 are unlikely to know the answer to this question. I sure don’t. Change your location to OK. Maybe someone will remember.

2 Answers | Asked in DUI / DWI for Ohio on
Q: I was never read my Miranda rights, but that is not in the police report. How do I prove that I wasn't?

Or do they have to prove that they did read me Miranda rights?

Matthew Williams
Matthew Williams
answered on Jan 10, 2022

They do not have to Mirandize you at all. If they do not, they cannot use your statements during a custodial interrogations against you in court. So, if you were interviewed while in custody, they can't use what you said.

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1 Answer | Asked in DUI / DWI for Ohio on
Q: I'm black male 39, pulled over in the line at a fast food restaurant for an OVI. I blow a .106 should I get legal aid?

This my first offense of this nature, I believe I passed all of the road side test they gave me. It was newyears so I was honest about having something to drink but I don't believe that I was impaired to the point where I was a danger to myself or anyone.

Brian Smith
Brian Smith
answered on Jan 3, 2022

Hiring an attorney seems to make sense in light of OVI charges that carry with them the potential for jail, probation, fines, a license suspension, and a conviction that cannot be expunged/sealed. You can of course search of a local OVI attorney to hire or you can ask the court for an appointed... View More

1 Answer | Asked in DUI / DWI for Ohio on
Q: My friend has been charged with a first time OVI between .08-1.7 BAC in ohio. Is this something worth fighting?

She has her arraignment tomorrow. She is struggling financially and is hoping to do anything to have her charges reduced. She couldn't see well on the street she was on due to lack of lighting, and she went to turn around in a driveway , and there was a ditch right next to the driveway. Her... View More

Brian Smith
Brian Smith
answered on Dec 22, 2021

The court will advise her of her right to an appointed attorney if she qualifies. Courts will typically enter a not-guilty plea, and then give the person the opportunity to complete a financial disclosure form to determine whether they qualify for appointed counsel.

When a person enters...
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1 Answer | Asked in DUI / DWI for Ohio on
Q: I got a dui in OH but am a CT resident, what happens with the CT penalties when I have my residency changed to OH?

Ohio is not requiring me to have an IID in my vehicle but Connecticut is, I am planning on changing my residency to ohio will I still need to get an IID for Connecticut?

Brian Smith
Brian Smith
answered on Nov 4, 2021

This question was listed in Ohio, but seems to be a question of Connecticut law and procedure. You would want to talk to a Connecticut attorney about the impact of the Ohio DUI in Connecticut.

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