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Cincinatti DUI Lawyers

  • Laufman, Jensen & Napolitano:

    Ohio's DUI laws (now called OVI) are far more complicated than most people are aware. First and foremost, most people make mistakenly believe that they must be ÒdrunkÓ to be convicted of DUI. Nothing could be further from the truth. The State needs only prove that your ability to operate a motor vehicle was impaired by alcohol, drugs, or some combination of both. There are actually more than a dozen difference ways to be convicted of DUI. There are three general DUI laws which everyone should understand. The first is the Òcatch-allÓ concept of Driving Under the Influence which requires no breath or chemical test at all and is based simply upon an officers observations of a defendant. The second is Driving With a Prohibited Level of Alcohol in the Breath, Blood, or Urine. This law can convict someone of DUI without any proof of the alcoholÕs impact upon your ability to drive. Finally, the newest DUI laws now cover Drugged Driving where a citizen can be convicted of a DUI based upon levels of drugs in their blood or urine without any proof that the drugs are actually in effect at the time or their driving. Each of these laws is discussed in greater detail below.

    Driving Under the Influence

    The first law, states it is illegal to drive while under the influence of alcohol, drugs or both. No scientific tests are necessary and, ordinarily, this violation is based upon a police officer's observations of your driving, physical appearance, and responses to what are called "field sobriety tests" - a series of tests prescribed to test your mental and physical abilities. Generally, a conviction of this law is based upon testimony of the arresting officer and other witnesses who had an opportunity to observe you.

    Driving with a Prohibited Level of Alcohol in your Breath, Blood or Urine

    The second law for which you can be charged is the so-called "per se" violation. This law states that you are not permitted to drive with a certain level of alcohol in your breath, blood, or urine regardless of the impact it may or may not have upon your ability to operate a motor vehicle. This is the law in Ohio that mandates you can not drive a vehicle with a level of .08% or more of alcohol in your breath. All the government needs to convict you is evidence of scientifically valid test. A breathalyzer device is the most common test used.

    Drugged Driving

    Ohio has become one of only a handful of states to pass Òper seÓ DUI laws for drugs. These new ÒDrugged DrivingÓ laws operate much like the prohibited levels of alcohol but apply only to drugs and must be measured by either blood or urine. The most startling effect of these new laws is that they cover drug metabolites as well as the drugs themselves. Metabolites are the chemicals left behind by drugs after they are no longer active in the body. Marijuana for example effects the mind for only a few hours but its metabolite stays in the body for weeks. You can actually be convicted of DUI days or weeks after the effects of a drug have worn off.

    Effect of a Conviction of Either of These Laws

    The penalties for being convicted of DUI can be quite severe. Every DUI has mandatory penalties which anyone convicted must receive. The mandatory minimum penalties are controlled by the number of DUI convictions within the last six years though certain laws now look back twenty full years. The following chart outlines the possible and mandatory penalties. Note the mandatory jail time required and mandatory license suspension:


    No. of Offenses within 6-Years Possible Jail Time Mandatory Jail Time Possible Fine Driver's License Suspended for: Possible Occupational Driving Privileges After:
    1st Offense 3-days to 6-months 3-days $250-$1000 6-months to 3-years 15-days
    2nd Offense 10-days to 6-months 10-days $350-$1500 1 to 5 years 30-days
    3rd Offense 30-days to 1-year 30-days $550-$2500 2-10-years None
    4th Offense or more 60-days to 6-months 60-days $750-$10,000 3-years to Life None

    High Tier DUI

    Ohio also now has ÒHigh TierÓ or ÒHigh TestÓ DUI. The typical legal breath limit is .08%. However, Ohio has now set .17% as a high tier DUI. There are two primary impacts of testing over this higher level. First, the mandatory jail time listed above doubles. Second, you would be required to obtain restricted DUI license plates even for a first offense.

    There are other costs in addition to the mandatory jail time and fines which can be equally devastating. These include court costs, increased liability insurance rates, employment problems, and professional counseling fees.

    Administrative License Suspension

    Ohio law requires that your right to drive be immediately suspended, without trial, under certain circumstances. Your license can be immediately suspended if you refuse to participate in the taking of a sample of your breath, blood or urine. If you agree to subject yourself to testing, your license will be immediately suspended if the test shows an alcohol level above those permitted for breath, blood, or urine. Therefore, if you take a breathalyzer test and the test shows an alcohol level of .10 or greater, your license will be immediately suspended.

    Impoundment, Immobilization and Seizure

    In addition to the sever penalties and license suspension, Ohio law mandates the immobilization, seizure, and possibly forfeiture of your vehicle. The following chart outlines this effect:


    No. of Offenses in 5-Years Impoundment of Plates Immobilization of Vehicle Vehicle Forfeiture Immediate Vehicle Seizure
    1st Offense No No No No
    2nd Offense 90-Days 90-Days No Yes
    3rd Offense Yes Yes Yes Yes
    4th Offense or more Yes Yes Yes Yes

    A conviction for DUI can have a devastating effect. Beside the penalties involved, a conviction can affect your insurance, employment, and family. A DUI is not a simple traffic offense. Advice of counsel should always be sought.

  • Taliaferro, Mehling, Shirooni, Carran & Keys: DUI-DWI Law - A cultural stigma has become associated with drunk driving that was not present in our society even a decade ago. Public perception categorizes people charged with drunk driving as criminals, even before they have been convicted of any crime. Being arrested for drunk driving, driving under the influence (DUI), or driving while intoxicated (DWI) can be an unsettling proposition, to say the least. A DUI - DWI conviction in Kentucky or Ohio carries with it heavy penalties, including:
    • A permanent criminal record
    • Suspension or loss of license
    • Increased insurance rates
    • Community service
    • Possible jail or prison time
    • Alcohol assessment and treatment
    • Probation
    • Vehicle immobilization or forfeiture
    • Serious fines
    • Possible job loss

    If you have been arrested or accused of drunk driving, DUI, DWI, vehicular homicide, or any other alcohol-related criminal offense, you are probably frightened, confused, and concerned about your future and that of your family. The selection of an experienced attorney is the first step towards regaining control of your life.

  • Matthew Ernst: You can be arrested for DUI by driving while over the legal BAC in your state or while impaired. But, you need not actually operate the car in order to be arrested. You can still be found guilty if you had the capability and power to dominate, direct, or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in actual physical control of the car.
  • Kelly Farrish: DUI? Even if you are guilty of driving under the influence, you STILL need an attorney.
  • Rendigs, Fry, Kiely & Dennis: Responsible individuals who recognize they have consumed too much alcohol, and properly decide not to drive an automobile, often find themselves facing prosecution and conviction for driving under the influence by their mere presence behind the wheel of a motor vehicle. Despite the name of the offense and the acronym, the "DUI", the question is not whether the individual was necessarily driving, but whether the vehicle was being operated or, more importantly, whether the vehicle was capable of being operated.
  • James Schimanski: If you are facing charges of DUI in Ohio, you need a Lawyer with the experience and knowledge to protect your rights and interests. Being arrested and charged with a DUI can be a fearful and humiliating process. Many people including some criminal defense lawyers, believe that if there is a chemical tests which indicates a prohibited alcohol content or the police claim the driver failed the the roadside field sobriety tests the case is not winnable, and the accused should plead guilty. This is the wrong.
  • Young, Reverman & Napier: State legislatures, law enforcement agencies and the public have all declared war on drinking and driving by passing recent legislation which enhances the penalties for DUI offenses. For example, the director of the Ohio Department of Public Safety has described the new DUI laws and their penalties as 'SWIFT AND SURE" and are the toughest yet on drunk drivers. These penalties include not only incarceration and fines, but also impoundment and immobilization (and possibly forfeiture) of the vehicle, immediate suspension of your license at the time of the arrest and increased reinstatement fees for the reinstatement of your license through the Bureau of Motor Vehicles.
  • Stephen Madden: You can be arrested for DUI by driving while over the legal BAC in your state or while impaired. But, you need not actually operate the car in order to be arrested. You can still be found guilty if you had the capability and power to dominate, direct, or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in "actual physical control" of the car.
  • Charles Strain: Practice limited almost exclusively to DUI cases. Return to Ohio DUI Lawyers