FAQs

This depends on many things, including what county you’re in or what prosecutor/judge you’re dealing with. Additionally, the strategy with each case is different. On average, we advise our clients to expect a case to take 3-6 months. Cases that go to trial usually take longer.

It’s hard to anticipate when you will be standing before a judge, so it’s important to dress appropriately for every court appearance. Attire such as suits, dress pants/khakis, blazers, button-down shirts, and ties are acceptable for men. For women, it’s appropriate to wear pencil skirts or dress pants, blouses, suits, and blazers. You should never wear flip flops, pajama pants, tank tops, short-sleeve shirts, shorts, hates, or low-cut tops.

On a first offense, you face a maximum of 180 days in jail, a fine up to $1075 plus court costs, up to 500 hours of community service, and a license suspension of up to 3 years.

A second offense OVI carries up to 180 days in jail, a maximum fine of $1625, a maximum license suspension of 7 years, vehicle immobilization, yellow plates and/or an interlock device as a condition of driving.

On a first offense, the mandatory minimum penalties include 3 days in jail (which can be served in a Driver Intervention Program), a $375 fine plus court costs, and a 1-year license suspension. The license suspension requires 15 days of no driving before you’re eligible for driving privileges.

A second offense OVI carries a mandatory minimum of 10 days in jail (20 days if you refused the breath test or blew over .17%), a minimum fine of $525, mandatory vehicle immobilization for 90 days if registered in your name, an alcohol assessment, and an interlock device if the OVI was alcohol related.

An ALS suspension carries a mandatory $475 reinstatement fee with the BMV.

A court suspension is a suspension imposed by a court upon a conviction. Some offenses, such as hit-skips and OVIs, carry mandatory suspensions that a court must impose. In contrast, the ALS is a civil suspension imposed by the BMV; you do not need to have a conviction to be placed under an ALS.

Technically, yes. Ohio has authority over who drives in Ohio, so if your license was issued in another state, Ohio can restrict you from driving within Ohio. However, it does not automatically mean you can or will be suspended or restricted from driving outside of Ohio.

An SR-22 is a high-risk bond. It is normally required for those who didn’t have insurance or have a bad driving record (specifically those facing a 12-point suspension). If you are charged with your first OVI and were insured at the time you were charged, you will not need to get an SR-22.

You’re required to carry insurance in Ohio. If you did not have insurance, the BMV will be notified at the end of your case. They will then place you under a Non-Compliance suspension, which is a suspension for not having insurance. You’ll be required to get an SR-22 and pay a reinstatement fee to the BMV. The length of the suspension and reinstatement fee amount both increase with each additional Non-Compliance suspension.

If an officer suspects you’re under the influence of drugs instead of alcohol, they likely will request that you submit to a urine or blood test instead of a breath test. If you have consumed/ingested any type of drug for which you do not have a prescription, it is better to refuse.

If you’ve consumed alcohol, it also depends on the amount, much like submitting to a breathalyzer.

Blood tests are the most reliable, followed by breath tests. Urine tests are the least reliable.

The HGN is the Horizontal Gaze Nystagmus test, also known as the pen/eye test. When administering this test, officers will typically have you look at either a pen or their finger and follow it with your eyes for an extended period. Officers are looking for Nystagmus (involuntary jerking of the eye), which could indicate impairment.

Yes. Officers can also ask for additional testing, such as counting backwards, alphabet, finger dexterity, Modified Romberg, or Lack of Convergence.

No. Participating in the Standardized Field Sobriety Tests is optional, though officers typically won’t advise you of this. You are not under any obligation to participate in their tests.

If a CDL holder refuses a breath test, the disqualification period is one year for a first offense. A second refusal of the breath test is a lifetime disqualification.

Though the legal limit is .08%, the Ohio BMV can suspend a CDL if the holder submits to a breath test and blows any detectible amount. The suspension for a positive test is 24 hours out of service. If the CDL holder blows .04% or higher, it’s a one-year suspension on a first offense and a lifetime suspension on a second offense.

Yes. Though difficult, it is possible to avoid a CDL disqualification if you’ve been charged with an OVI. It’s important to hire an attorney that understands the CDL requirements, since even some amended charges (such as Reckless Driving or Marked Lanes violations) could be problematic for a CDL holder.

The expungement statute is constantly changing, so it’s important to call an attorney to see if you qualify. Traffic offenses in Ohio, including OVIs, are not eligible for expungement.