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Ohio DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Ohio on
Q: I resently got a DUI they messed up on my ticket threw it out of court then reissued me a new DUI. Can they do that?
Douglas A. Ball
Douglas A. Ball
answered on Nov 20, 2017

There is not a short answer, pat answe,r that can be given to your question. There are many factors that could play into the State's decision. You should definitely speak with an OVI/DUI defense lawyer in the area where you were allegedly charged. I would do an attorney search as soon as... View More

2 Answers | Asked in DUI / DWI for Ohio on
Q: My boyfriend was arrested on a warrant stating probation violation from his dui last year but he paid his fines no po

He never had a po or anything so how is it a probation violation

Matthew Williams
Matthew Williams
answered on Oct 27, 2017

He was probably supposed to go meet with a probation officer. Not doing so, may well be the violation. But, really, how can we know based on your question. They will have to tell him what the alleged violation is. My guess is he was supposed to go set up regular appointments with them and never did.

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1 Answer | Asked in DUI / DWI for Ohio on
Q: Good morning, If this is first dui on over 12 years is it still considered to many to quilify for the 3 day program?

In ohio there is a 3 day in lieu of jail program usually for first time offenders however my father is elderly and it has been over 12 years

Matthew Williams
Matthew Williams
answered on Oct 18, 2017

How many total DUI convictions does he have? Were any of his priors felonies? There is a cheat sheet for these made you can see here: https://www.ghmc.org/sites/default/files/pdfs/ovichart.pdf

The short answer is that he likely eligible again for a DIP program. But, keep in mind that is a...
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1 Answer | Asked in DUI / DWI for Ohio on
Q: I need advice over fighting a OVI charge.

Crashed vehicle Sunday morning around 515am. I had a couple beers the night before, around 11pm. I was completely sober. I crashed due to me lookin at my phone, gps for directions. Lost control at a curve and crashed into a pole and into a ditch. Officer could smell the alcohol on my breath and... View More

R. Scott Patterson
R. Scott Patterson
answered on Oct 2, 2017

You present an interesting set of facts. Unfortunately, the best advice I can provide is obtain the services of an experience OVI/DUI attorney. Since there was no chemical test, the prosecution will have to rely upon circumstantial evidence that when you were driving and crashed you were impaired... View More

1 Answer | Asked in DUI / DWI for Ohio on
Q: What happens immediately after you get arrested for drunk driving?
Matthew Williams
Matthew Williams
answered on Sep 12, 2017

Typically, they take you to jail to complete a booking process, and try to get you to take the breathalyzer test at the station.

1 Answer | Asked in DUI / DWI for Ohio on
Q: I was charged with ovi. No BAC level on ticket. Never booked or field sobriety test. What is going to happen to me

This my second ovi. First one 2011. I was taken to the hospital and submitted urine. I admitted to a beer and 2 shots. Plus possible marijuana in my system. I didn't want to lie. It had been a week or two since last smoking. They released me from the hospital and I was never booked or read my... View More

R. Scott Patterson
R. Scott Patterson
answered on Aug 27, 2017

There is no BAC on the ticket because at the time it was issued the officer did not have the urine test results back from BCI. Did the officer read a form to you before you gave the urine sample? Did you sign the front of the form, BMV 2255? If you are convicted of a simple low test OVI, your... View More

1 Answer | Asked in DUI / DWI for Ohio on
Q: I need to seal a DUI record so I can attain gainful employment. I am a Disabled Veteran.

It is my only misdemeanor or felony

Matthew Williams
Matthew Williams
answered on Aug 18, 2017

Unfortunately, the record of an OVI conviction cannot be sealed.

1 Answer | Asked in DUI / DWI and Criminal Law for Ohio on
Q: Subpoenaed in case, boyfriend getting dui in my car?

My boyfriend drove my car Got pulled over, got a dui. I didn't know he had left in it. When cop came to my house, I wrote a statement saying "he went outside then cop pulled in keys were in my purse" cop wrote did he have pernission? I put no. I was also drinking. Next morning before... View More

Matthew Williams
Matthew Williams
answered on Aug 1, 2017

We can't tell you what the prosecutor will charge him with, but you should simply tell them the truth.

3 Answers | Asked in DUI / DWI for Ohio on
Q: If I am asked whether I’ve been drinking by a police officer, do I have a right to remain silent?
Matthew Williams
Matthew Williams
answered on Jul 29, 2017

Yes, you must identify yourself and provide ID and insurance if you have them. But, you are not required to answer questions beyond that. Of course, if you refuse to answer questions they will probably go ahead and arrest you. But, at least there won't be a damaging admission to having... View More

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1 Answer | Asked in DUI / DWI for Ohio on
Q: I had a DUI 23 years ago and just got a OVI. Will I spend three days in jail or can I opt to do the three day alcohol

I live in ohio.

R. Scott Patterson
R. Scott Patterson
answered on Jul 25, 2017

You can do the DIP school in lieu of three days of jail, the judge can sentence you to up to 180 days of total jail time.. If you had a high test, your jail time would be a minimum of six days, or three in jail and three in the DIP. Again,there is no guarantee of receiving a minimum sentence.

1 Answer | Asked in DUI / DWI for Ohio on
Q: Two underage drinking violations in a short period of time consequences with the law.

My friend received a violation for drinking underage. She went through a program and completely a few months ago. Tonight she received another underage. What consequences is she looking at and do we need to get her a lawyer.

R. Scott Patterson
R. Scott Patterson
answered on Jun 2, 2017

Yes, she should be represented by an attorney, given that the "program" apparently did not take the first time. You did not say whether she is over eighteen years of age.

1 Answer | Asked in Criminal Law and DUI / DWI for Ohio on
Q: My boyfriend got ovi and child endangerment. Well he didn't go to court so got failure to appear. Will he go to jail?

Clermont has a hold on him. Brown has him now for failure to appear. Will he go to jail in Clermont? If so how long? Will he be able to bond out? If so how much? Thanks

R. Scott Patterson
R. Scott Patterson
answered on May 23, 2017

You have provided inadequate information to give anything other than a qualified "yes." He will do jail time if pleads to or is found guilty of the OVI, unless he is a first time offender and can afford an interlock devise. Given that there must have been children in the car, he very... View More

2 Answers | Asked in DUI / DWI for Ohio on
Q: Is there a set number of years when an old DUI eventually disappears from your record (so if I got charged with another

it'd count as my first, not second)?

R. Scott Patterson
R. Scott Patterson
answered on May 16, 2017

In Ohio, an OVI is pretty much permanently on your record. Since April 6, 2017, the look-back time for sentence enhancement based a prior OVI (not a refusal) was increased from six years to ten years.

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1 Answer | Asked in Traffic Tickets and DUI / DWI for Ohio on
Q: Charged with a dui and running a red light that caused an accident no injury what kind of jail time will you get
Matthew Williams
Matthew Williams
answered on Mar 9, 2017

Generally, one can avoid jail time on a first time OVI. But, it is possible to get up to six months.

1 Answer | Asked in DUI / DWI and Traffic Tickets for Ohio on
Q: Charged with OVI Low Breaths - 4511.19(A)(1)(D) and was reduced to Reckless Operation - 4511.20(A). Can it be sealed?

It's been over five years since original charge, blew .08 flat, first / only offense, and was in Columbus, Ohio. Can this ever be sealed?

Also, is this considered a misdemeanor or a minor misdemeanor since I plead down to a "wet reckless"?

Matthew Williams
Matthew Williams
answered on Mar 8, 2017

Probably not. Ohio law generally does not permit the sealing of traffic records. R.C. 2953.36(A)(2).

There is one exception to this, which is a bit complicated, and arguably unfair. The exception is contained in R.C. 2953.61(B)(1), which says that where a person is charged with more than...
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1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Car Accidents for Ohio on
Q: I am a first offender but I was charged with OVI, Failure to control, and no seatbelt. What will happen to me in court?
Matthew Williams
Matthew Williams
answered on Feb 28, 2017

How first offense OVIs are treated depends heavily on a number of factors. Most important: (1) The personalities of the judge and prosecutor, and (2) whether or not you get a lawyer. I strongly recommend you hire an attorney who practices often in the jurisdiction with which you will be dealing.

1 Answer | Asked in DUI / DWI for Ohio on
Q: My friend just got his 3rd ovi in ohio. But his two priors were in 2002 and 2003. So will he get jail time
Matthew Williams
Matthew Williams
answered on Feb 20, 2017

It's really impossible to say without knowing who the judge is. It is certainly possible.

1 Answer | Asked in DUI / DWI for Ohio on
Q: How are under 21 DUI penalties different?
Matthew Williams
Matthew Williams
answered on Feb 6, 2017

They are slightly harsher for the underage, for example, the first time OVI usually carries a mandatory 3 days in jail, but its 10 for underage. There are similar small increases throughout the sentencing scheme, which depends on high or low tier and number of offenses as well as age. Also an under... View More

1 Answer | Asked in DUI / DWI for Ohio on
Q: I got an ohio ovi. For making a uturn not illegal in the late night. Did not blow.

I got an ohio ovi for making a uturn although not illegal. I did not blow. I have a prior 10 years ago from another state Will it count for the 20 year law?

Matthew Williams
Matthew Williams
answered on Jan 14, 2017

The 20 year look back period only really matters if you have a lot of OVIs. There are enhanced penalties for more than one in six years and for five or more in 20 years. Your OVI should be charged as a first in six, standard OVI.

1 Answer | Asked in DUI / DWI for Ohio on
Q: Will my car be impounded after a DUI?
Matthew Williams
Matthew Williams
answered on Jan 13, 2017

Cars are often impounded after OVIs but not always.

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