There is an overwhelming opinion amongst the general public (or maybe just the drinking public) that a first offense Ohio OVI / DUI should be reduced to a reckless operation charge. Can this really happen? Well, it depends in large part on a number of things, including, but not limited to: These are but a few of the many considerations that will be considered when the prosecutor and your OVI attorney / DUI attorney sit down to discuss the possible out come at a pre-trial conference.

Different people use different terms: O.V.I., D.U.I., O.M.V.I., and D.W.I., but in Ohio they all mean the same thing (Operating a Vehicle under the Influence of drugs or alcohol), and the correct term is O.V.I.

Defending against a DUI is an extremely complicated matter and should only be done with the assistance of an experienced DUI lawyer. There are many areas of attack that can be used to fight a DUI, but it takes a trained attorney to identify those areas and use them to your advantage. There are typically no guarantees in the criminal law system. That is why your selection of an attorney to defend you is one of the most important decisions you will face.

The acronyms DUI, DWI, OMVI and OVI all refer to the same thing: operating a vehicle under the influence of alcohol or drugs. The most commonly used terms are DUI, an acronym for Driving Under the Influence, and DWI, an acronym for Driving While Impaired. However, Ohio law no longer uses the DUI and DWI acronyms because, in 1982, Ohio enacted a law that refers to driving under the influence of alcohol or drugs as "OMVI," an acronym for Operating a Motor Vehicle Impaired.

Many people think they actually passed the field sobriety tests before they were arrested! The problem is, most people who are taking the field sobriety tests are inexperienced in taking the tests and accordingly, have no idea what the officer is looking for. If the officer checks your eyes, simply being able to follow the pen (or their finger) doesn’t mean you passed the test.

Absolutely! However, not every attorney that is listed in the phone book under the DUI / OVI listing is competent to fight these cases. As a matter of fact, many of the attorneys that list DUI / OVI cases in their Yellow Pages advertisement have never done a DUI / OVI / Drunk Driving trial.

Yes; it is true that the codes of some Ohio municipalities are stricter than the State Code. When that is the case, the municipality's code takes precedence over the state's code. For example, the Columbus City Code has what is called a "lifetime lookback" period. This means that, in Columbus, any prior OVI, no matter how many years ago it was, will be considered when deciding penalties.

That depends. Each county prosecution is run by an elected District or County Attorney. The elected official makes the decision of whether or not this option is offered to defendants in court. If it is offered, there are still many different outcomes with an alternative crime prosecution.

OVI is the abbreviation for Operating a vehicle impaired. Ohio’s General Assembly amended our drunk driving / DUI statute to broaden the offense from driving under the influence to operating a vehicle impaired. The big difference is that operation does not require that the vehicle actually be moving. As a matter of fact, the vehicle doesn’t even have to be running so long as you are in the driver’s seat and the keys are within reach.

Probably, yes. As an administrative body, the Massachusetts Registry of Motor Vehicles generally treats drunk driving/DUI charges in other states the same as they would if you were arrested and charged in Massachusetts. So if you refuse an out of state breath test, you'd be facing a suspension. If you have been convicted, you will also generally face a suspension, and will have to complete the equivalent steps to be eligible for either license reinstatement or a hardship license.

Punishment for first time offenders includes suspension of driving privileges, points on your driver’s license, and fines.

Canada prohibits felons from the United States to enter Canada. A DUI is considered a felony in Canada. If you are just charged with a DUI and not convicted, you will more likely than not be able to enter Canada. For more information, click the following link: http://laws.justice.gc.ca/

The short answer is this: If you are suspended in Washington State, you are most likely suspended in other states as well.

Most DUIs are misdemeanors. (California has three levels of criminal prosecution - infractions, like speeding tickets, misdemeanors, for which the maximum penalty is one year in jail, and felonies, for which the potential maximum penalty is more than one year, meaning state prison time). For anything higher than a third time DUI charge, the law allows prosecution as a felony, at the discretion of the District Attorney.

The only guaranteed way to avoid being charged or convicted of DUI is to NEVER get behind the wheel of a motor vehicle after drinking. Even one or two "harmless" drinks while out to dinner or at a party can lead to a DUI arrest. DUI is an area of law that is highly subjective and an officer may believe you are at least under the influence even if you only had one or two drinks regardless of whether or not you truly are.

YES. DUI CASES CAN BE WON!! In a DUI case there are two separate cases that arise: (1) the court case, where a person's liberty is at stake, and (2) the Florida Department of Highway Safety and Motor Vehicles (DHSMV) case. You can fight the DHSMV suspension, BUT YOU HAVE ONLY 10 DAYS!!! The way to fight this is by filing a PETITION FOR FORMAL REVIEW with the Department of Motor Vehicles. If retained, I will file all the necessary paperwork and attend the hearing on your behalf.

Answers: Usually for 1 year if you refused the official blood or breath test. If you submitted to a blood or breath test, the period is 90 days of no driving whatsoever or for cases occurring after 7/1/03 possibly 30 days no driving whatsoever followed by 150 days of limited driving, BUT NOT ALWAYS. There are a limited number of ways to avoid losing your license at all and our attorneys are well versed in all of them.

You cannot just make your case "go away". Your attorney must aggressively defend you in order to seek the best possible outcome.