If you are in actual physical possession of a vehicle and are found to be impaired with alcohol or drugs, you can be charged with Operating a Vehicle Impaired or OVI. Being found guilty of an OVI means that having restrictions placed on one’s driver’s license, or will otherwise being unable to drive freely, including to work. In addition, violators may face days or months in jail, or years in prison if the circumstances of the arrest result in injury or death.

Cincinnati OVI / DUI Defense Attorney

An experienced Cincinnati traffic defense lawyer can protect your legal rights and fight to keep you out of jail. An experienced OVI defense lawyer can fight to avoid these consequences by identifying factors or defenses that can benefit your case and give you grounds to seek a dismissal or reduction of the charges or to have you acquitted at trial.

If you or someone you know has been charged with an OVI or arrested for the same, you need contact The Wieczorek Law Firm immediately. Mark Wieczorek serves all of 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, and Southern Ohio.

Call (513) 317-5987 for a free consultation or complete our online contact form.


Overview of DUI / OVI Laws in Ohio


Back to top

Operating a Vehicle Impaired (OVI) Under Ohio Law

It would be a mischaracterization to say that there is only one OVI law. Strictly speaking, there are over a dozen separate laws depending on the circumstance – these include the base OVI, but also property damage, reckless driving, causing serious injury and manslaughter while under the influence of drugs or alcohol.

OVIs are defined explicitly based on the substance, and amount thereof in Section 4511.19 of the Ohio Revised Code:

(A)(1) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply:

(a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.

(b) The person has a concentration of eight-hundredths of one percent or more but less than seventeen-hundredths of one percent by weight per unit volume of alcohol in the person’s whole blood.

(c) The person has a concentration of ninety-six-thousandths of one percent or more but less than two hundred four-thousandths of one percent by weight per unit volume of alcohol in the person’s blood serum or plasma.

(d) The person has a concentration of eight-hundredths of one gram or more but less than seventeen-hundredths of one gram by weight of alcohol per two hundred ten liters of the person’s breath.

(e) The person has a concentration of eleven-hundredths of one gram or more but less than two hundred thirty-eight-thousandths of one gram by weight of alcohol per one hundred milliliters of the person’s urine.

(f) The person has a concentration of seventeen-hundredths of one percent or more by weight per unit volume of alcohol in the person’s whole blood.

(g) The person has a concentration of two hundred four-thousandths of one percent or more by weight per unit volume of alcohol in the person’s blood serum or plasma.

(h) The person has a concentration of seventeen-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person’s breath.

(i) The person has a concentration of two hundred thirty-eight-thousandths of one gram or more by weight of alcohol per one hundred milliliters of the person’s urine.

The potential charges that you face will depend on various factors, including the alleged level of impairment, your previous record of OVI convictions, and the presence of any aggravating factors.


Back to top

Types of Drunk Driving Charges in Cincinnati, Hamilton County, Ohio

Potential charges under Ohio’s OVI laws include:

  • First OVI – This offense can be charged if an individual is found to have operated a vehicle under the influence of alcohol, a controlled substance, or a combination of alcohol and a controlled substance with a blood alcohol concentration of 0.08% or higher or if your ability to operate a motor vehicle was appreciably impaired.  It is typically charged as a first-degree misdemeanor.
  • Second OVI – This crime is charged when someone has been charged with an OVI for the second time within 10 years of a prior OVI conviction or refused the test and has a prior conviction within the last 20 years. It is also typically charged as a first-degree misdemeanor.
  • Third OVI – This offense is charged when you have been charged with a third OVI offense within 10 years of two prior OVI convictions or refused the test and has a prior conviction within the last 20 years. It is also charged as a first-degree misdemeanor.
  • Felony OVI – If an individual has been convicted of four or five previous OVI violations within 10 years of their current DUI offense or conviction of six DUI offenses within 20 years of their current OVI offense, they can be charged with felony OVI in Ohio. This is generally charged as a fourth-degree felony.
  • Aggravated Vehicular Assault – Per Ohio Revised Code Section 2903.08, if the individual operates a motor vehicle while under the influence of drugs or alcohol and causes serious physical harm to a person or fetus, they can face charges of aggravated vehicular assault. This offense can be charged as a second or third-degree felony.
  • Aggravated Vehicular Homicide – Outlined in Section 2903.06 of the Ohio Revised Code, if the individual operates a motor vehicle while under the influence of drugs or alcohol and causes death to a person or fetus, they can face charges of aggravated vehicular homicide. This offense can be charged as a first- or second-degree felony. If the offender has been convicted of or pleaded guilty to charges of Aggravated Vehicular Assault, or Aggravated Vehicular Homicide, or OVI (within 10 years), the court may impose a mandatory prison term of put to fifteen years, per Section 2929.142

All of the offenses above can result in significant penalties and require a strong and personalized defense to have a chance at a favorable outcome. These criminal charges are also in addition to an administrative process that can result in your license suspension.


Back to top

OVI/DUI Process

Initial Traffic Stop and Investigation

The process starts when a law enforcement officer stops a driver based on reasonable suspicion. This suspicion could arise from observing a traffic violation, erratic driving, or other behavior that indicates possible impairment, such as swerving or failing to obey traffic signals. Once the stop is made, the officer observes the driver for signs of impairment, such as slurred speech, bloodshot eyes, or the smell of alcohol or drugs. The officer may also ask questions about alcohol or drug use and request the driver to perform field sobriety tests.

Field sobriety tests are standardized physical tasks designed to assess whether a driver is impaired. Common tests include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus test. If the officer believes the driver is impaired based on these tests or other observations, they may proceed with a chemical test request and possibly an arrest.

Chemical Testing and Implied Consent

Under Ohio’s implied consent law, drivers agree to submit to chemical testing of their breath, blood, or urine when suspected of operating a vehicle under the influence. These tests measure the concentration of alcohol or drugs in the driver’s system. Breath tests are most commonly used, but blood or urine tests may be required in certain situations, such as when drug use is suspected. Testing must occur within three hours of the alleged offense to be considered valid under Ohio law.

Refusing a chemical test has immediate consequences, including an Administrative License Suspension (ALS), which is separate from any criminal penalties. For a first offense, a refusal results in a one-year license suspension. If the driver agrees to testing and the results indicate a blood alcohol concentration (BAC) of 0.08% or higher, or the presence of drugs above legal thresholds, this evidence is used to support OVI charges.

Arrest and Booking Process

If the officer determines there is probable cause for an OVI, the driver is placed under arrest and transported to a police station or testing facility. During this time, the officer completes an Ohio Multi-Count Uniform Traffic Ticket (MUTT) to formally document the charges. The driver is also informed of their rights, and additional documentation, such as the BMV Form 2255 for an ALS, is completed. Any evidence collected during the investigation, including chemical test results, dashcam footage, and officer notes, is submitted to support the case.

Initial Court Appearance: Arraignment

Following an arrest for OVI in Cincinnati, the driver appears in court for an arraignment. This is typically the first opportunity to formally respond to the charges. During this hearing, the court informs the defendant of the charges and potential penalties, including fines, license suspension, and jail time. The defendant enters a plea of guilty, not guilty, or no contest. For a first OVI, many defendants plead not guilty at arraignment to allow time to review evidence, explore defenses, and negotiate with the prosecution.

Pretrial Proceedings

If the defendant pleads not guilty, the case moves to the pretrial phase. During this stage, the defense and prosecution exchange evidence in a process known as discovery. The defense reviews police reports, chemical test results, and any video footage to identify weaknesses in the prosecution’s case. Pretrial motions, such as motions to suppress evidence, may be filed if there are concerns about procedural errors, such as an unlawful traffic stop or improper chemical testing.

Negotiations for a plea agreement often occur during pretrial proceedings. For first-time offenders, the prosecution may offer reduced penalties in exchange for a guilty plea, particularly if the case lacks aggravating factors like a high BAC (over 0.17) or refusal to test. The court may also consider alternatives to jail time, such as participation in a driver’s intervention program (DIP).

Trial

If a plea agreement is not reached, the case proceeds to trial. The prosecution bears the burden of proving beyond a reasonable doubt that the defendant operated a vehicle under the influence of alcohol or drugs. Key evidence typically includes the results of chemical tests, officer testimony, and any observations from the traffic stop or field sobriety tests. The defense challenges the prosecution’s evidence.

Post-Conviction Options

After sentencing, the defendant may appeal the conviction if procedural errors occurred during the trial. For first-time offenders, it is also possible to request modifications to probation conditions or reduced penalties by complying with court orders. To reinstate driving privileges after a license suspension, the defendant must pay reinstatement fees, provide proof of insurance (SR-22), and meet any additional court requirements.


Back to top

OVI Penalties

Aside from the legal penalties, which can include the installing of Ignition Interlock Devices (IID), court fines, mandatory and rehab, being convicted of an OVI often means not being able to drive to one’s job. This is because one of the most common penalties associated with OVI cases is an Administrative License Suspension (ALS). However, ALS’s can be challenged.

The following penalty schedule from the Ohio Supreme Court outlines the consequences of an OVI conviction.

Employment and Professional Licensing

An OVI conviction can jeopardize employment, particularly for individuals who drive professionally or hold professional licenses, such as healthcare or law enforcement. Employers may view an OVI as a liability, and licensing boards may impose disciplinary actions, including suspension or revocation. Commercial drivers face stricter standards, with any OVI conviction disqualifying them from holding a commercial driver’s license (CDL) for at least one year.


Back to top

What To Do If Pulled Over For An OVI In Ohio

If you are pulled over for suspicion of OVI, there are certain steps you can take to protect your rights and freedom. First, be polite but do not volunteer information to the police. Refuse to complete any field sobriety tests, which are designed to show you are intoxicated, not to prove you aren’t. Invoke your right to speak to an attorney. Do not sign any documents or waivers of your rights. Do not consent to a search of your vehicle. Law enforcement officers will try to get as much evidence as possible to use against you, so don’t make the mistake of providing it to them.


Back to top

Can I Refuse A Breath Test If Pulled Over For An OVI In Ohio?

Under Ohio law, all drivers give implied consent to DUI testing by virtue of driving on any road in the state. Therefore, if you are pulled over, you have already agreed to submit to a chemical breath, blood, or urine test to determine the presence of alcohol or a controlled substance in your system. Refusing to submit to testing as part of a valid OVI stop can result in an administrative driver’s license suspension.

However, if your license is suspended as part of this process, you can choose to appeal this decision. You must take prompt action to assert your rights and you will need a viable defense to your refusal, such as that the stop was not a valid OVI stop. An experienced criminal defense lawyer can discuss your options if you refuse testing.


Back to top

Defenses in OVI Cases

Challenging the Accuracy of Chemical Test Results

Breathalyzer and blood test results are a cornerstone of OVI cases. Defendants can challenge the results if the testing equipment was not properly calibrated, maintained, or operated by a certified technician. Additionally, failure to adhere to strict storage and handling protocols for blood or urine samples can lead to contamination or inaccurate results, which could make the evidence inadmissible.

Proving the Traffic Stop Was Unlawful

Law enforcement must have reasonable suspicion to stop a driver. If the officer cannot provide a valid reason, such as observing erratic driving or a traffic violation, any evidence obtained after the stop can be excluded. This defense often hinges on dashcam footage or officer testimony to prove the stop was unwarranted.

Contesting Field Sobriety Tests

Field sobriety tests (FSTs) are often subjective and prone to officer interpretation. Factors such as poor lighting, uneven surfaces, or medical conditions can cause a driver to fail these tests despite being sober. A defense attorney can argue that the FSTs were not administered in accordance with National Highway Traffic Safety Administration (NHTSA) standards, weakening the prosecution’s case.

Establishing Medical or Physical Conditions

Certain medical conditions, such as acid reflux, diabetes, or neurological disorders, can mimic impairment or interfere with breathalyzer results. For example, acid reflux can cause alcohol from the stomach to enter the mouth, leading to artificially inflated BAC readings. Presenting medical records and expert testimony can help establish reasonable doubt.

Proving the Defendant Was Not Operating the Vehicle

To secure an OVI conviction, prosecutors must prove the defendant was operating the vehicle or in physical control. If the vehicle was parked or inoperable, this element of the offense may be contested. Evidence such as witness testimony or surveillance footage can support this defense.

Arguing Lack of Probable Cause for Arrest

Even after a lawful stop, officers must establish probable cause before making an OVI arrest. If an officer lacked sufficient evidence, such as visible impairment or a failed field sobriety test, the arrest can be challenged.

The prosecution has the burden of proof in a criminal case, so it must show that the defendant committed every element of the offense beyond a reasonable doubt.


Back to top

Additional Resources

  • Ohio Statutes Section 4511.19 (OVI) – Read the original text of the state statute governing operating a vehicle while under the influence. There is a great deal of specifics that may be useful for someone being arrested for an OVI, including the exact limits of impairment and the penalty schedule for every OVI-related crime.
  • Office of the Attorney General on Breath Testing – The lead state prosecutor in Ohio, the attorney general, published an analysis of breath testing equipment and how it relates to court evidence suppression. The AG pointed out that some districts place extreme importance on maintaining equipment and throw out evidence that indicates that the breathalyzers are not calibrated constantly, other districts may be more lenient, as in State of Ohio v. Lambert (2013).

Back to top

Hire an OVI Defense Attorney in Hamilton County, OH

An OVI or DUI charge can severely affect your life—it can result in fines, a suspended license, and even imprisonment. However, a strong OVI defense attorney can help you deal with your OVI charge. Mark Wieczorek is an experienced OVI defense attorney and understands the legal system. He can negotiate on your behalf for a reduced sentence or even have the case dismissed.

The Wieczorek Law Firm, LLC represents clients in Southern Ohio, including the cities of Cincinnati, Columbus, Akron, Dayton, Toledo and South Point. Call us at (513) 317-5987 for a free consultation or complete our contact form.