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Ohio DUI / DWI Questions & Answers
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... 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.

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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... 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.

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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.

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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/

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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 »

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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.

2 Answers | Asked in DUI / DWI for Ohio on
Q: I was arrested for ovi but i was not driving and I was not pulled over.
Jeremiah Justin Denslow
Jeremiah Justin Denslow answered on Aug 30, 2018

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 »

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1 Answer | Asked in DUI / DWI for Ohio on
Q: If I have asthma is that grounds for challenging a breathalyzer result?
Matthew Williams
Matthew Williams answered on Jul 20, 2018

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.

2 Answers | Asked in DUI / DWI, Family Law and Domestic Violence for Ohio on
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... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 20, 2018

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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1 Answer | Asked in DUI / DWI for Ohio on
Q: May a judge instruct a jury to select a tech savvy juror to perform the duties of redacting audio from video evidence?

Prosecution claims they did not have enough time to redact audio from video evidence so the judge instructed the jury to redact the audio themselves by pressing mute at the appropriate times. The juror in charge of redaction failed to do so at one point and the jury heard evidence that was supposed... Read more »

Matthew Williams
Matthew Williams answered on Jul 16, 2018

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.

1 Answer | Asked in DUI / DWI for Ohio on
Q: Can you get a hardship license after a second DUI?
Nicholas Klingensmith
Nicholas Klingensmith answered on Jul 13, 2018

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... Read more »

1 Answer | Asked in Employment Law and DUI / DWI for Ohio on
Q: Why does my OVI or Underage NOT show on BCI/FBI Background checks for school employment in Ohio?

In 2008, I received an OVI and Underage in the same year but not in the same counties. Anytime I have requested to pupil permit or teaching license that requires a BCI/FBI background check neither show up. I was under 21 at the time and have no further convictions or anything. I understand that... Read more »

Matthew Williams
Matthew Williams answered on Jun 15, 2018

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... Read more »

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