While most people know that operating a vehicle under the influence of drugs or alcohol (OVI) is illegal, they typically do not know what to expect if they are actually arrested. Knowing what to expect, as well as what to say and what not to say, during an arrest is extremely valuable. This article will shed some light on what happens during an arrest and what to expect after you’ve been released from the station.
Cincinnati Lawyer for OVI Arrests
Being arrested is scary, and can be infuriating. It’s anxiety-inducing, and police often don’t help matters when refuse to listen to your explanation for the situation. If you do end up being arrested, you want someone on your side to fight for you. Most likely, the police will ask for a statement – do not provide a statement without speaking to an attorney, especially if the arrest is for an OVI accident involving injury.
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.
Call (513) 317-5987 for a free initial consultation, or fill out our online contact form.
Overview of OVI Arrest Procedure in Ohio
- OVI Arrest Procedure in Ohio
- Initial OVI Appearance
- Can a Judge Suspend a Driver’s License at the Initial Appearance?
- Rights of the Defendant at an Initial Appearance
- How Does a Lawyer Help with an OVI Initial Appearance?
- After the Initial Appearance
- Impact of the Initial Appearance on Case Strategy
- Additional Resources
- Hire an Attorney for OVI Arrests in Cincinnati, OH
OVI Arrest Procedure in Ohio
An OVI involves a blood alcohol concentration (BAC) of 0.08% to 0.169% or detectable levels of drugs under Ohio Revised Code Section 4511.19(A)(1).
An arrest in Ohio typically begins with a traffic stop. Law enforcement must have reasonable suspicion to pull a driver over, such as erratic driving, speeding, or failure to obey traffic signals. Once the stop occurs, the officer observes the driver for signs of impairment, including slurred speech, bloodshot eyes, or the smell of alcohol. The officer may ask the driver to perform field sobriety tests, such as the walk-and-turn or one-leg stand. These tests are designed to assess balance, coordination, and the ability to follow instructions.
If the officer suspects impairment, they may request a chemical test to measure the driver’s blood alcohol concentration (BAC) or detect drugs. Under Ohio’s implied consent law, drivers agree to submit to chemical testing when operating a vehicle. Refusing this test results in an Administrative License Suspension (ALS), regardless of whether the driver is convicted of an OVI. If the test indicates a BAC of 0.08% or higher, or drug levels above legal limits, the officer has probable cause to arrest the driver for operating a vehicle under the influence.
Cincinnati Police Department Procedure 12.235 outlines procedural steps during an OVI arrest, including proper documentation and timelines for testing. Officers must ensure evidence, such as test results and officer observations, is preserved for court and that they maintain accurate transfer records.
Initial OVI Appearance
The initial appearance is the first court proceeding following an OVI arrest, as mandated by Ohio Revised Code Section 4511.196. This appearance must take place within five days of the arrest or issuance of the citation. The primary purpose of this hearing is to inform the defendant of the charges and their legal rights. Defendants may be formally advised of the penalties they face, including potential jail time, fines, and license suspensions.
During the initial appearance, the court may also address administrative license suspensions imposed under Ohio Revised Code Section 4511.191. The judge or magistrate may evaluate whether the defendant’s continued driving poses a public safety risk.
This stage is critical, as it sets the tone for the case. Defendants are advised to have legal representation to navigate this process and ensure their rights are protected.
Can a Judge Suspend a Driver’s License at the Initial Appearance?
Under Ohio Revised Code Section 4511.196(B)(1) and 4511.196(B)(2), a judge, magistrate, or mayor has the authority to impose or extend a driver’s license suspension during the initial appearance. This decision is based on whether the defendant’s continued driving is deemed a threat to public safety.
For drivers whose licenses were already suspended due to an ALS, the judge may impose a new suspension if the original ALS was terminated following an appeal. For those without an ALS, the court can still impose a suspension if it determines that public safety is at risk. These suspensions remain in effect until the OVI charge is fully resolved in court.
If a suspension is imposed, the court forwards the license to the registrar of motor vehicles. However, if no suspension is issued and the license is not otherwise suspended, the court must return it to the defendant. Any time served under a court-imposed suspension is credited toward the total suspension period required under Ohio Revised Code Section 4511.19(G) if the defendant is convicted.
Rights of the Defendant at an Initial Appearance
Defendants have rights at their initial appearance under Ohio law. One of the most fundamental rights is the right to be informed of the charges against them, including the specific sections of the law they are accused of violating, such as Ohio Revised Code Section 4511.19 for operating a vehicle under the influence. The court must also explain the maximum penalties associated with these charges, including potential jail time, fines, and license suspensions.
Defendants have the right to legal representation, either through a private attorney or, if they cannot afford one, a court-appointed attorney. This ensures that defendants can effectively challenge evidence, argue against license suspensions, and prepare a defense.
Additionally, defendants have the right to appeal administrative actions, such as license suspensions imposed under Ohio Revised Code Section 4511.191. They may request a hearing to contest the suspension, providing an opportunity to argue that the suspension was unjustified.
Another important right is the presumption of innocence. Defendants are not required to prove their innocence; instead, the prosecution must present evidence to establish guilt beyond a reasonable doubt. Defendants can also exercise their right to remain silent, avoiding self-incrimination during court proceedings.
How Does a Lawyer Help with an OVI Initial Appearance?
Having a good OVI lawyer can make the difference between a light fine and jail time. One of the lawyer’s primary tasks is to review the circumstances of the arrest and identify procedural errors that could weaken the prosecution’s case. For example, if the traffic stop lacked reasonable suspicion or chemical testing was conducted improperly, the lawyer can argue for the suppression of evidence.
At the initial appearance, a lawyer can advocate against pretrial license suspensions imposed under Ohio Revised Code Section 4511.196(B)(1) or 4511.196(B)(2). This may involve presenting evidence that the defendant does not pose a threat to public safety or highlighting procedural flaws in the suspension process. The lawyer can also help defendants understand their rights and options, ensuring they make informed decisions about their case.
An experienced lawyer works to secure favorable outcomes, whether through negotiating reduced penalties, challenging evidence, or preparing for trial. For first-time offenders, a lawyer may advocate for alternatives to jail time, such as attending a driver’s intervention program. Throughout the process, the lawyer provides guidance and support, helping defendants achieve the best possible resolution of their case while minimizing the long-term impact on their lives.
After the Initial Appearance
After the initial appearance, the case proceeds through several important stages, starting with pretrial hearings. These hearings allow the defense and prosecution to exchange evidence, review police reports, and assess the strength of the case. The defense may file motions to suppress evidence if there were procedural violations during the arrest or testing process.
Defendants also have the opportunity to request an Administrative License Suspension (ALS) hearing within 30 days of the arrest, as outlined in Ohio Revised Code Section 4511.197. The ALS hearing is separate from the criminal case and focuses on whether the suspension was lawfully imposed. Courts often schedule the ALS hearing concurrently with pretrial hearings to streamline proceedings.
As the case progresses, the defense may negotiate a plea agreement with the prosecution. First-time OVI offenders may be eligible for reduced penalties, such as attending a driver’s intervention program (DIP) instead of serving jail time. If no agreement is reached, the case moves to trial, where the prosecution must prove the defendant’s guilt beyond a reasonable doubt.
Impact of the Initial Appearance on Case Strategy
The initial appearance lays the groundwork for the entire defense strategy in an OVI case. Decisions made during this stage can shape the trajectory of plea negotiations, pretrial motions, and trial preparation. For instance, if the court imposes a judicial suspension, it may prompt the defense to focus on securing limited driving privileges or contesting the suspension’s validity.
Additionally, arguments presented at the initial appearance can provide insights into the prosecution’s case, allowing the defense to prepare targeted challenges. The initial appearance also sets deadlines for filing motions, such as those to suppress evidence or challenge the admissibility of chemical test results.
Additional Resources
- Ohio Revised Code Section 4511.196 | Initial Appearance – This section of the Ohio Revised Code explains the requirements for an initial appearance after an OVI arrest. It includes information about timelines, judicial authority to impose license suspensions, and public safety considerations. Defendants can review this law to understand what occurs during their first court appearance and how it relates to administrative and judicial processes in an OVI case.
- Cincinnati Police Department Procedure 12.235 | OVI Arrest and Processing Procedures – This local rule provides detailed procedures for law enforcement officers handling OVI cases in Cincinnati. It covers steps for making an arrest, conducting chemical testing, documenting evidence, and completing required forms.
Hire an Attorney for OVI Arrests in Cincinnati, OH
If you have been arrested for an OVI and are awaiting trial or release, you need to contact an experienced defense attorney as soon as possible. Don’t wait until the last minute. The Wieczorek Law Firm, LLC represents clients in Southern Ohio, including the cities of Cincinnati, Columbus, Akron, Dayton, Toledo and South Point.
Call (513) 317-5987 for a free initial consultation, or fill out our online contact form.