Ohio DUI / DWI Questions & Answers
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
You need to hire an attorney. A DUI is not a DIY situation. Work with your lawyer to present a case in court.
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 »
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 »
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
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.
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?
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?
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 »
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 »
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
Called the BMV in Ohio because they froze my California DL. They gave me the number for court they are looking everything up
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 »
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.
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
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
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 »
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 »
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?
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?
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.
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?
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 »
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?
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
The officer wrote down that I did have it then. Will the judge charge me with no insurance
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 »
Q: What is the first step I should take after being charged with a DUI?
Hire an attorney to represent you.
Q: I was arrested for ovi but i was not driving and I was not pulled over.
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... Read more »
Q: If I have asthma is that grounds for challenging a breathalyzer result?
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..
I told them I just want to take him home and I don't want to press anything but they said that's not my choice they are pressing charges. They found a half empty bottle of rum on him also. The said he he would be in jail until Tuesday, it was Thursday when this happen. And he's being charged with... Read more »
It's up to the prosecutor to drop or pursue the charges. Use the Find a Lawyer tab and get your bf an attorney.
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