Ohio DUI / DWI Questions & Answers

Q: My husband has 2 ky duis and 1 ohio all before 2012. He just received another. Would he be sentenced like a 4th?

1 Answer | Asked in DUI / DWI for Ohio on
Answered on Apr 6, 2019
Matthew Williams' answer
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.

Q: can you get a second continuation without a lawyer?

1 Answer | Asked in DUI / DWI for Ohio on
Answered on Apr 2, 2019
Jeremiah Justin Denslow's answer
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 bottom of the home page, you'll see an area where you can submit questions.

Thanks.

Q: Not pulled over, cops approached car

1 Answer | Asked in DUI / DWI for Ohio on
Answered on Mar 22, 2019
Matthew Williams' answer
You’re definitely going to want an attorney. It’s sounds like their reasons for the stop may be bogus.

Q: I was arrested for DUI in Ohio 28-29 years ago. I failed to appear. Is there a statue of limitations

1 Answer | Asked in DUI / DWI for Ohio on
Answered on Mar 5, 2019
Jeremiah Justin Denslow's answer
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 case if you were charged, served with the citation and THEN failed to appear.

Fortunately, there are MANY other defenses in an Ohio DUI case, particularly one as old as yours.

Call...

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?

2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Ohio on
Answered on Jan 27, 2019
Patrick DiChiro's answer
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.

Q: It has been 1 year since arrested for ovi & drug possess. Ovi is over still nothing about the drugs

1 Answer | Asked in Criminal Law and DUI / DWI for Ohio on
Answered on Jan 21, 2019
Dimitrios Makridis' answer
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 receive a summons telling you to appear for an arraignment on the charge. Essentially, that is the start of your case. You should call an attorney immediately when that happens.

Q: Officer coercion

1 Answer | Asked in DUI / DWI for Ohio on
Answered on Dec 21, 2018
Daniel P Leavitt's answer
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.

Q: Do I owe a reinstatement fee after I complete my Intoxalock in Ohio?

2 Answers | Asked in DUI / DWI for Ohio on
Answered on Dec 20, 2018
Brian Smith Esq's answer
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.

Q: What is the process by which I can get a DWI conviction removed from my record?

1 Answer | Asked in DUI / DWI for Ohio on
Answered on Dec 17, 2018
Matthew Williams' answer
An OVI conviction in Ohio cannot be sealed or expunged though the points will fall off your license.

Q: What's the most successful DUI defense? My son needs an attorney.

2 Answers | Asked in DUI / DWI for Ohio on
Answered on Dec 1, 2018
Matthew Williams' answer
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.

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?

2 Answers | Asked in DUI / DWI for Ohio on
Answered on Nov 28, 2018
Jeremiah Justin Denslow's answer
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/

Q: What is the punishment for first time drunk driving in Ohio? What if the driver was only 19 years old?

1 Answer | Asked in DUI / DWI for Ohio on
Answered on Nov 16, 2018
Matthew Williams' answer
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.

Q: I got pulled over for DUI at the time I didn’t have insurance but I have it now. I have court wed

2 Answers | Asked in DUI / DWI for Ohio on
Answered on Oct 15, 2018
Jeremiah Justin Denslow's answer
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 offense. Rather, the court will notify the BMV and the BMV will issue a license suspension against you and you will receive notice of same by mail from the BMV.

Q: What is the first step I should take after being charged with a DUI?

1 Answer | Asked in DUI / DWI for Ohio on
Answered on Oct 8, 2018
Matthew Williams' answer
Hire an attorney to represent you.

Q: I was arrested for ovi but i was not driving and I was not pulled over.

2 Answers | Asked in DUI / DWI for Ohio on
Answered on Aug 30, 2018
Jeremiah Justin Denslow's answer
It sounds like an extremely unusual case and potentially one where a good OVI lawyer can get the charges dismissed. However, without more details about what transpired, it's difficult to provide you with any additional information. Feel free to call or email me if you want to talk further. My email address is jeremiahdenslaw@gmail.com. My phone number is 513-800-3107.

Q: If I have asthma is that grounds for challenging a breathalyzer result?

1 Answer | Asked in DUI / DWI for Ohio on
Answered on Jul 20, 2018
Matthew Williams' answer
Asthma is only really helpful if they say you refused the test but in truth you couldn't blow that hard for that long. If you submitted a valid test, and it was positive for alcohol and over the legal limit, Asthma doesn't really help out.

Q: Bf was drunk and bit me in a public place with cameras somebody else called called cops he's in jail..what do I do..

2 Answers | Asked in DUI / DWI, Family Law and Domestic Violence for Ohio on
Answered on Jul 20, 2018
Joseph Jaap's answer
It's up to the prosecutor to drop or pursue the charges. Use the Find a Lawyer tab and get your bf an attorney.

Q: May a judge instruct a jury to select a tech savvy juror to perform the duties of redacting audio from video evidence?

1 Answer | Asked in DUI / DWI for Ohio on
Answered on Jul 16, 2018
Matthew Williams' answer
I do not know the answer to this question off the top of my head, but it sounds seriously suspect. Great issue for appeal. I wouldn't be surprised to find out there is no law on this point yet since I have never heard of anyone even trying this.

Q: Can you get a hardship license after a second DUI?

1 Answer | Asked in DUI / DWI for Ohio on
Answered on Jul 13, 2018
Nicholas Klingensmith's answer
The simple answer is yes. However, the type of privileges you will received depends on the jurisdiction, your judge and the facts of your case. There is typically a "hard" suspension of either 45 or 90 days before you are eligible for privileges. Also, if your 2nd OVI was alcohol related an ignition interlock device will be required with some exceptions.

Q: Why does my OVI or Underage NOT show on BCI/FBI Background checks for school employment in Ohio?

1 Answer | Asked in Employment Law and DUI / DWI for Ohio on
Answered on Jun 15, 2018
Matthew Williams' answer
It's possible they simply weren't reported. The legal system is a bureaucracy like any other. It's also possible these cases were resolved with quick pleas in a mayor's court. Many of the mayor's courts do not put their records online or submit any information to databases so the only way to find the cases is to actually ask the mayor's court, which of course, requires knowing which on to ask.

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