Driving Under the Influence (DUI) / Operating a Vehicle While Intoxicated (OVI)
Being charged with a DUI/OVI in Ohio is one of the most stressful experiences a person can face. Ohio has some of the toughest impaired‑driving laws in the country, and a conviction can affect your license, your job, your insurance rates, and your future. When the stakes are this high, you need an experienced Ohio OVI defense attorney on your side from the very beginning.
A DUI/OVI charge is far more complicated than a simple traffic offense. Ohio’s DUI/OVI laws involve scientific testing, strict legal procedures, and mandatory penalties that can escalate quickly. Without a skilled defense lawyer, you risk facing consequences that could have been avoided or reduced.
The Law Office of Owen M. Patton has the experience both prosecuting and defending DUI/OVI’s and will provide you the guidance you need to protect your rights and secure your future.
Defending Your DUI/OVI
Many people assume that if they “blew over the limit,” their case is hopeless. That’s simply not true. An experienced OVI lawyer knows how to evaluate and challenge the prosecution’s evidence. The Law Office of Owen M. Patton knows how to analyze and evaluate whether officers improperly administered standard field sobriety tests, used uncalibrated or faulty breathalyzer machines, properly retrieved your blood samples, and whether the traffic stop itself was done in violation of the 4th Amendment. The Law Office of Owen M. Patton makes sure to review and analyze all three phases of DUI/OVI police investigation, including:
Phase 1: Vehicle in Motion – Officers are trained to look for 24 cues indicating a driver is potentially impaired including: weaving, no headlights, wide turns, failure to signal, etc.
Phase 2: Personal Contact – Here, officers use their senses to identify possible indicators of impairment including: bloodshot eyes, soiled clothing, fumbling fingers, open containers, slurred speech, admissions of drinking, odor of alcohol, and cover up odors, etc.
Phase 3: Pre-Arrest Screening – This phase is the typical sobriety tests we think of when picturing a DUI stop. Officers are trained to administer the Horizontal Gaze Nystagmus (HGN), Walk and Turn, and the One Leg Stand. After administering these tests, officers can ask the driver to submit to a Preliminary Breath Test. At the end of this phase, an officer will decide whether or not to arrest the driver for DUI/OVI based on the standard for Probable Cause.
From the moment you are pulled over, every decision you make has an impact on your prosecution. Trying to handle a DUI/OVI alone puts you at a tremendous disadvantage as the Law Office of Owen M. Patton will guide you through the process with your best interests being protected.
Administrative License Suspension (ALS)
The average person doesn’t understand that after being arrested for a DUI/OVI in Ohio, you are not only facing a criminal case, but simultaneously dealing with a civil case via an ALS. This is an immediate civil suspension of your license imposed by the Bureau of Motor Vehicles (BMV) when you are arrested on suspicion of DUI/OVI. This suspension is separate from the criminal case and is triggered if you either: 1) refuse a breath test; or 2) submit to a breath test and you are over the legal limit. The length of the ALS depends on how many prior refusals or failed breath tests are on your record.
ALS for Refusal to Submit to Test
First refusal: One-year suspension; limited driving privileges available after 30 days.
Second refusal: Two-year suspension; driving privileges after 90 days.
Third refusal: Three-year suspension; driving privileges after 1 year.
Fourth or more refusals: Five-year suspension; driving privileges after 3 years.
ALS for Failed Test:
First offense: 90-day suspension; driving privileges after 15 days (can be waived by the court).
Second offense: One-year suspension; driving privileges after 45 days.
Third offense: Two-year suspension; driving privileges after 180 days.
Fourth or more offenses: Three-year suspension; driving privileges after 3 years.
Appealing an ALS
You may appeal an ALS at the first court appearance or within 30-days.
In Ohio, drinking and driving isn’t automatically a crime; the prosecution must prove you were impaired. That means proving alcohol or drugs noticeably affected your mental processes or physical reactions.
Call and Begin Your Defense Today.
