Cincinnati Criminal Defense Attorney - The Wieczorek Law Firm

• Experienced Defense in Southern Ohio
• Criminal Defense in Southern Ohio
• OVI Defense in Cincinnati
• Frequently Asked Questions
• Representing Professionals Accused of a Crime
• Hire Criminal Defense Attorney Mark Wieczorek to Defend Your Case

Experienced Defense Attorney in Southern Ohio

When criminal charges threaten your future, the attorney you choose can make all the difference. If you have been accused of a crime in Cincinnati, turn to The Wieczorek Law Firm.

For almost 20 years, founding attorney Mark Wieczorek—a former federal prosecutor who has tried hundreds of cases—has defended clients against the full spectrum of state and federal allegations, from first-time misdemeanors to complex felonies. He has handled more than 5,000 matters and appeared in federal courts nationwide, giving him a keen understanding of how prosecutors build their cases and how best to dismantle them.

Our client-focused philosophy starts with listening. We learn the facts, the pressures you and your family face, and your goals, then craft a strategy tailored to your situation. That strategy begins with a meticulous review of the arrest itself: Was there probable cause? Were your constitutional rights respected during stops, searches, or interrogations? If we find any violation, we swiftly move to file motions to suppress evidence, exclude prejudicial material, or dismiss the charges outright.

Every piece of evidence is scrutinized for weaknesses. When unlawful police conduct or procedural errors surface, we exploit those flaws to undermine the prosecution’s case and improve your odds of a favorable outcome—whether that means dismissal, charge reduction, or an acquittal.

Should trial become the best path forward, we relish the opportunity to present your story persuasively to judge and jury. Backed by decades of courtroom experience and a record of dismissals, reduced charges, and not-guilty verdicts, The Wieczorek Law Firm is prepared to fight for the result you deserve.

Criminal Defense in Southern Ohio

At the Wieczorek Law Firm, we defend clients accused of some of the most serious criminal charges.

• Domestic violence crimes encompass physical, emotional, sexual, or economic abuse committed against a current or former spouse, dating partner, family, or household member. Some of these charges may include stalking, strangulation, child endangerment, or violations of protective orders.
• Drug crimes are those crimes that involve the illegal creation, distribution, or possession of controlled substances. These typically include marijuana, cocaine, methamphetamine, heroin, LSD, ecstasy and other illicit substances.
• Firearm crimes involve the illegal possession, use, transfer, or modification of guns and other weapons. Typical charges include carrying a concealed weapon without a permit, possession by a felon, unlawful discharge, trafficking or straw purchasing, and using a firearm in the commission of another felony.
• White Collar Crimes are typically non-violent, financially motivated offenses such as fraud, embezzlement, insider trading, money laundering, bribery, and tax evasion. Cases typically involve complex paper trails, corporate records, or digital transactions, and can trigger parallel civil, regulatory, and federal investigations alongside substantial restitution, forfeiture, and imprisonment.
• Sex Crimes include offenses of a sexual nature, including rape, sexual assault, child pornography, solicitation, indecent exposure, and failure to register as a sex offender.
• Theft Crimes include the unlawful taking or control of another’s property or services, ranging from petty shoplifting and misdemeanor larceny to felony burglary, receiving stolen property, robbery, auto theft, and identity theft. The punishment for theft crimes largely depends on value, force used, prior record, and whether or not firearms were involved.
• Traffic Crimes are criminal violations of motor-vehicle laws, such as DUI/OWI, reckless driving, hit-and-run, unauthorized use of a motor vehicle, vehicular assault, fleeing or eluding police, driving on a suspended license, and vehicular homicide. Penalties range from fines and license suspension to jail, ignition-interlock requirements, and permanent criminal records, with heightened consequences for repeat offenses or injury-related accidents.
• Violent Crimes are acts that inflict or threaten serious bodily harm, including murder, manslaughter, assault, aggravated assault, human trafficking, battery, armed robbery, kidnapping. Because of the grave risk to public safety, these charges often lead to high bail, enhanced sentencing, and mandatory minimums.

Contact the Wieczorek Law Firm today to discuss the details of your case.

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OVI Defense in Cincinnati

Facing an Operating a Vehicle under the Influence charge feels overwhelming—but it doesn’t have to dictate your future. At the Wieczorek Law Firm, our practice is dedicated to defending drivers accused of OVI charges anywhere in the Buckeye State. We know Ohio’s OVI statutes, sobriety-test protocols, and Bureau of Motor Vehicles procedures inside and out. As a former prosecutor, Attorney Mark Wieczorek uses his past experience to challenge every weakness in the State’s case—whether it’s an unlawful traffic stop, a flawed breath- or blood-test result, or an administrative license suspension issued without due process. From the moment you call, you gain a relentless advocate focused on preserving your license, protecting your record, and safeguarding the freedoms you value most.

The Wieczorek Law Firm offers some of the most comprehensive OVI defense in the state of Ohio, including defense for the following charges.

Appeal of Administrative License Suspension (ALS)
When you are arrested for OVI, the Bureau of Motor Vehicles immediately suspends your license—often before you even see a judge. You have as little as five business days to file a petition in the same court handling your criminal charge. A successful appeal can reinstate your driving privileges outright or secure limited privileges (work, school, medical) while the case is pending. We examine whether the officer had reasonable grounds to request testing, whether you were properly advised of the ALS consequences, and whether statutory paperwork was completed and filed on time. Any defect can void the suspension and put you legally back on the road.

Blood Test
A forensic blood draw is considered the “gold standard” for measuring alcohol or drug concentration, but only when strict protocols are followed. Samples must be taken by qualified medical personnel, stored in tubes containing preservatives and anticoagulants, refrigerated promptly, and transported intact to a certified laboratory. We subpoena chain-of-custody logs, maintenance records for gas-chromatography equipment, and calibration data to expose contamination, fermentation, or lab-tech error. Demonstrating even minor deviations can render the result scientifically unreliable—and therefore inadmissible.

Boating Under the Influence (BUI)
Ohio treats operating any vessel—speedboat, jet ski, even a canoe with a motor—while your blood-alcohol concentration is .08% or higher (or while under the influence of drugs) much like a roadway OVI. Convictions carry up to six months in jail, $1,000 in fines, mandatory boating-safety courses, and suspension of your boating privileges. A BUI also appears on your record and can enhance future OVI penalties.

Breath Test
Most police departments use an Intoxilyzer 8000 or similar infrared breath analyzer at the station. By law, the machine must be certified every 7 days, the operator must hold a current permit, and you must be observed for 20 uninterrupted minutes to ensure no burping, regurgitation, or chewing gum affects the sample. We audit calibration logs, operator training files, and video footage to show non-compliance.

Commercial Drivers Charged with OVI
CDL holders are held to a .04% BAC threshold, even while off-duty in a personal vehicle. A first-time conviction—or simply an ALS—triggers a mandatory one-year disqualification, putting trucking, bus, and delivery careers at risk. Because “conditional” or “hardship” CDL privileges do not exist, our defense emphasizes early suspension appeals and aggressive challenges to testing validity to protect your livelihood.

Driving Under OVI Suspension (DUS-OVI)
If you are caught driving while your license is suspended for OVI or test refusal, the law imposes at least three days in jail (up to 180), fines up to $1,000, a class-7 (or higher) license suspension extension, and immobilization or forfeiture of the vehicle you were driving—even if you do not own it.

First OVI
A first-time conviction within ten years is a first-degree misdemeanor, carrying up to six months in jail; however, the mandatory minimum is three days in jail or a 72-hour driver-intervention program. Fines range from $375 to $1,075, and the court must impose a one-year to three-year license suspension. We work to secure limited driving privileges (work, school, medical) and explore diversion or treatment-in-lieu options, or to get the case dismissed.

Second OVI
A second conviction within ten years mandates at least ten consecutive days in jail (or five days plus 18 days house arrest), fines of $525–$1,625, and a license suspension of one to seven years. The court must order an ignition-interlock device if limited privileges are granted and require an alcohol/drug assessment. We pursue treatment-based alternatives, credit against jail for in-patient programs, and early release with SCRAM monitoring.

Third OVI
A third OVI in a decade is a first-degree misdemeanor requiring at least 30 consecutive days in jail, a $850–$2,750 fine, a two-to-12-year suspension, forfeiture of the offender’s vehicle, mandatory substance-abuse assessment, and continuous alcohol monitoring (SCRAM or interlock). We analyze prior convictions for procedural defects and negotiate treatment-focused resolutions to avoid lengthy incarceration.

High-BAC OVI (“Super Per Se”)
Testing .17% BAC or higher—or .238 or more in breath—unlocks “super per se” penalties. Minimum jail doubles to six consecutive days (or three days in jail plus six days house arrest with electronic monitoring), the license suspension lengthens, ignition-interlock becomes mandatory for any driving privileges, and the yellow “party plates” become mandatory.

OVI License Suspension (Court-Imposed)
Separate from the ALS, the sentencing judge must impose a court suspension upon conviction. Durations escalate: 1st offense (1–3 years), 2nd (1–7 years), 3rd (2–12 years), and felony-level OVI can mean a lifetime ban. Early reinstatement hinges on completing treatment, paying reinstatement fees, and—when ordered—installing interlock or SCRAM. We seek limited privileges as early as the law allows and petition for reinstatement the day you become eligible.

OVI Manslaughter
Causing a death while operating under the influence elevates the charge to aggravated vehicular homicide—a felony of the first or second degree depending on aggravators. Punishment can range from two to fifteen years in prison per victim, a lifetime license revocation, and mandatory post-release control. Because causation is a required element, we marshal accident-reconstruction experts to show that factors other than intoxication (e.g., victim’s negligence, mechanical failure) caused the fatal outcome.

OVI Test Refusal
Refusing chemical testing after arrest extends the ALS (minimum one year) and, upon conviction, adds mandatory jail time or house arrest. Prosecutors may argue consciousness of guilt, but juries can also see refusal as a rational protection of constitutional rights. We highlight incomplete advice regarding consequences, language barriers, or medical conditions (e.g., COPD, anxiety) that make a refusal lawful or at least non-punitive.

Physical Control of a Motor Vehicle
Under R.C. 4511.194, merely being in the driver’s seat with the keys “readily accessible” while impaired is a misdemeanor distinct from OVI. It carries no mandatory jail, and a conviction does not count as a prior OVI for enhancement—but the court may still impose a one-year license suspension and alcohol counseling. We emphasize safe-harbor intent (e.g., choosing to sleep it off) and contest whether the keys were truly within reach.

Prescription Drug OVI
Legal medications—opioids, benzodiazepines, sleep aids, even some antihistamines—can impair driving. Unlike alcohol, there is usually no per-se threshold; the State must show your ability to operate safely was appreciably impaired.

Standardized Field Sobriety Tests (SFSTs)
The horizontal-gaze nystagmus (HGN), walk-and-turn, and one-leg-stand are governed by NHTSA protocols. Lighting, weather, footwear, surface type, and officer instructions all affect validity. Video evidence often reveals improper timing, mis-scored clues, or medical conditions (inner-ear issues, back problems) that mimic “failures.” Suppressing flawed SFST results can often strip probable cause and lead to dismissal.

Urine Tests
Urine screens detect both alcohol and a wide array of drugs, but they measure metabolites—not active impairment—and can remain positive long after effects dissipate. Collection must occur within three hours of driving, samples must be refrigerated, and lab methods must meet strict quality controls. We attack delays in collection, improper refrigeration, split-sample rights violations, and the State’s assumption that mere presence equals impairment.

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Frequently Asked Questions

I’ve just been arrested—what should I do first?
Stay calm, invoke your right to remain silent, and request an attorney immediately. Do not answer police questions or consent to searches without counsel present.

How quickly should I hire a lawyer after an arrest?
As soon as possible. Early intervention can protect your rights at bond hearings, challenge an Administrative License Suspension (ALS), preserve evidence, and influence charging decisions.

What is the difference between a misdemeanor and a felony in Ohio?
Misdemeanors carry up to 180 days in jail (first-degree) and are heard in municipal or county court. Felonies carry six months to life in prison, are prosecuted in common pleas court, and impose longer statutes of limitation and broader collateral consequences.

Do I have to take the breath, blood, or urine test?
You may refuse, but Ohio’s implied-consent law triggers an immediate ALS (one year for a first refusal) and the refusal can be used as evidence. A lawyer can help weigh the pros and cons in real time.

What is a field-sobriety test and can I decline?
The Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand are voluntary roadside exercises. You may politely refuse; there is no ALS penalty for declining these coordination tests.

How soon can I appeal an Administrative License Suspension?
You have 30 days from your initial court appearance (not the arrest date) to file an ALS appeal. Prompt action can restore driving privileges or secure limited (“hardship”) privileges.

Will I go to jail on a first-time OVI?
Potentially. Ohio law mandates three days in jail or a 72-hour driver-intervention program for a standard first offense (BAC < 0.17). Sentencing alternatives and reductions depend on the facts, your BAC, and negotiation skill.

How does bond work in criminal cases?
Judges weigh charge severity, prior record, flight risk, and community safety. Bond may be recognizance, 10 percent, cash/surety, or—rarely—denied in very serious felonies.

What if the police didn’t read me my Miranda rights?
Miranda warnings are required only for custodial interrogation. If violated, your statements may be suppressed, but the case itself is not automatically dismissed.

Can I get my criminal record sealed or expunged?
Many non-violent misdemeanors and certain felonies are eligible for expungement after a waiting period (one year for misdemeanors, three to five for felonies). OVIs cannot be sealed under current Ohio law.

How long will my case take?
Misdemeanors are often resolved quickly; however felonies can last six to twelve months or longer, especially if expert analysis, motion hearings, or trial are needed. Speedy-trial rules set outside limits, but continuances are common.

What defenses are available in an OVI case?
Illegal stop, improper field tests, instrument-calibration errors, rising BAC, medical conditions, chain-of-custody gaps, and constitutional violations (e.g., invalid warrant or Miranda issues).

Will an OVI or criminal conviction affect my job or license?
Yes. An OVI suspension ranges from one to three years for a first offense, and CDL holders face mandatory disqualification at 0.04 BAC. Felony convictions can bar professional licenses, government jobs, and firearm possession.

What are your fees and do you offer payment plans?
Fees vary with charge severity, case complexity, and whether the matter proceeds to trial. We quote a flat or phased-fee structure up front and can arrange payment plans in most cases.

Why choose a criminal-defense specialist?
Focused experience means familiarity with local prosecutors, judges, and procedural nuances, leading to sharper strategies, stronger negotiations, and a higher likelihood of favorable outcomes.

Still have questions? Call The Wieczorek Law Firm for a free, confidential consultation.

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Representing Professionals Accused of a Crime

Unfortunately, the consequences of simply being charged with an OVI or criminal offense can mean suspension or revocation of one’s professional license. Doctors, nurses, commercial drivers, and teachers and other licensed professionals are held to a higher standard than the rest of the public – this can sometimes mean that these licensed professionals can lose work time, get passed up for promotions or face other disciplinary consequences just for being charged with a crime, no matter if they’re innocent.

At the Wieczorek Law Firm, we represent licensed professionals accused of all manner of crimes – we work early, proactively and with great effort to ensure that you obtain the best possible outcome.

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Hire a Southern Ohio Criminal Defense Attorney

Who you choose to represent you matters. At the Wieczorek Law Firm, we are confident we are the best choice. When you work with us you get:

• Proven track record of success – Attorney Mark Wieczorek has over 18 years of experience handling criminal law cases.  He has successfully represented over 5000 clients in court and has taken over 175 cases to trial.
• Strategic defense planning – We meticulously analyze all legal issues and potential outcomes to formulate a comprehensive defense plan.
• Thorough investigation – We know that a thorough investigation is imperative to your case.  Therefore, we will assess and analyze all available evidence to determine the strengths and weaknesses in your case while formulating a strategic defense.
• 24/7 help available – We understand that legal issues can arise at any time, and we want you to have the answers you need. Call now at (513) 317-5987 for a free consultation.

The Wieczorek Law Firm provides experienced legal assistance to those accused of OVI crimes in Cincinnati and wider Ohio, including Hamilton County, Butler County, Clermont County, Brown County, Highland County, Clinton County, Preble County, Scioto County, Greene County, Montgomery County, and Warren County. Mark Wieczorek serves the cities of Cincinnati, Columbus, Akron, Dayton, Toledo and South Point, as well as others in Southern Ohio.

Call (513) 317-5987 for a free initial consultation, or fill out our online contact form

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