Question 1

What does DUI & OVI mean and is there a difference between them?

Accepted Answer

They are both acronyms. “DUI” stands for “Driving Under the Influence”, while “OVI” stands for “Operating a Vehicle while Impaired”. Both refer to drunk or impaired driving. In the State of Ohio there is no difference between them.

Question 2

Can I be charged with DUI/OVI if the drugs were prescribed to me?

Accepted Answer

The short answer is yes. Whether the drugs are prescription, over-the-counter (OTC), or illegal, they may impair your driving ability due to side effects.  In the eyes of the law, it is your responsibility to know the effects of medication and whether they impair your ability to drive.

Question 3

Will a DUI go on my permanent record?

Accepted Answer

Yes.  However, if you were arrested but the DUI charges were later dropped or reduced, only the dismissal or reduction will show.

Question 4

How long will a DUI stay on my record?

Accepted Answer

In Ohio, a DUI conviction adds 6 points to your driving record. The points drop off after two years.  However, the DUI conviction itself remains on your record forever.  A DUI / OVI cannot be expunged under current Ohio Law.

Question 5

Will a DUI conviction show up on my background check?

Accepted Answer

It depends. A DUI conviction will definitely be reflected in your traffic record. As a result, your car insurance provider will likely categorize you as a “high risk” driver. Your insurance rates typically increase, or your policy may be canceled or denied renewal. A DUI conviction may or may not show on a criminal background check, depending on the type of check that is run.

Question 6

Do I need an attorney for a DUI charge?

Accepted Answer

Absolutely. Whether your charge is a misdemeanor or a felony, a conviction brings serious penalties. You face jail time, license suspension or revocation, fines, increased car insurance rates, and other collateral effects of which you may be unaware. At the very least, you should speak with a DUI Lawyer prior to deciding how to proceed.

Question 7

What if I can't afford to pay a DUI Lawyer?

Accepted Answer

If you qualify as indigent, the court will appoint a public defender at no charge to you. While public defenders are licensed attorneys, their large caseloads might prevent them from providing the attentiveness necessary to attain the best resolutions to cases. It is almost always in your best interest to hire a personal DUI lawyer.

Question 8

Is it possible to win a drunk driving case after I was arrested?

Accepted Answer

Yes. Many charges are the result of faulty test results, faulty testing devices, and police mistakes. Police officers often improperly administer standardized field sobriety tests. Any of these can be a basis for excluding evidence, thereby strengthening your case .

Question 9

I was never read my Miranda rights. Can my case be dismissed?

Accepted Answer

Unfortunately, your case will probably not be dismissed. However, once arrested, a Miranda warning must be given if there is to be a legally admissible interrogation while in police custody. If you made incriminating statements in such a situation without Miranda warnings, we may be able to suppress the statements. Suppressed statements cannot be used against you at trial.

Question 10

Will I go to jail for a DUI conviction?

Accepted Answer

It depends. If this is your first offense, your chances of avoiding jail time are much greater. However, if you’re facing your second or subsequent conviction for multiple DUIs, Ohio law mandates a jail term. A case involving an injury or death also involves a jail or prison sentence. Even if there is strong evidence against you, an experienced DUI attorney may be able to negotiate a resolution that avoids a jail sentence.

Question 11

Is it legal to obtain a driver's license in any state if your license is revoked in another state?

Accepted Answer

Each state has its own motor vehicle laws that need to be consulted to determine the impact of an Ohio suspension/revocation.  There are several states that do recognize revocations and suspensions issued in the State of Ohio.

Question 12

Is the police issued breath test (Breathalyzer) accurate?

Accepted Answer

This is a highly disputed topic in the legal community. There are many things that can affect the accuracy of a BAC machine. A person’s metabolism, medical conditions, and machine calibration are a few issues that may arise with regard to BAC machine accuracy.

Question 13

Is the blood test administered by law enforcement accurate?

Accepted Answer

It may not be. Here are many possible errors. An alcohol swab should not be used to clean the injection site. Blood must be drawn correctly and stored in an appropriate vial with an anticoagulant.  The blood must also be maintained at a proper temperature to ensure an accurate analysis.

Question 14

I was charged with a DUI. What now?

Accepted Answer

This is perhaps the biggest reason to talk to me. I will explain what happens next and what can be done to achieve the best resolution for your case. Being charged with a DUI does not make you a criminal; it makes you a person in need of a DUI Lawyer.

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