Columbus OVI/DUI Defense Lawyers

If you have been charged with Operating a Vehicle Impaired (OVI) or Driving Under the Influence (DUI) in Ohio, you need a strong defense. An OVI/DUI charge can have serious consequences, including fines, license suspension and even jail time. Instead of representing yourself in your criminal defense case, rely on the guidance of a skilled and experienced criminal defense team.

At Bowen, Scranton, & Olsen, LLC, we understand that facing an OVI/DUI charge can be overwhelming. Our attorneys have more than 40 years of combined experience and are known for their straightforward approach. We have built strong relationships within the legal community, allowing us to negotiate effectively and advocate for you in court.

Understanding Ohio’s OVI/DUI Penalties

Depending on your age, your driver’s license class and the number of prior DUI charges you have on your record, the severity of the penalties you are facing can vary. Knowing what is at stake in your unique case can help motivate you to pursue a defense you can depend on.

Offense Level	Jail / Prison Term	Mandatory Fine	License Suspension	Vehicle Sanctions
1st Offense (Low Tier)	3 Days*	$565 – $1,075	1 to 3 Years	None mandated
1st Offense (High Tier)	6 Days*	$565 – $1,075	1 to 3 Years	None mandated
2nd Offense (Low Tier)	10 Days**	$715 – $1,625	1 to 7 Years	90-day Immobilization
2nd Offense (High Tier)	20 Days**	$715 – $1,625	1 to 7 Years	90-day Immobilization
3rd Offense (Low Tier)	30 Days***	$1,040 – $2,750	2 to 12 Years	Criminal Forfeiture
3rd Offense (High Tier)	60 Days***	$1,040 – $2,750	2 to 12 Years	Criminal Forfeiture
4th/5th or Felony	60 to 120 Days****	$1,540 – $10,500	Class 2 (Long Term)	Criminal Forfeiture

* Court may allow a Drivers’ Intervention Program (DIP) in lieu of jail for first offenders. ** Court may allow a combination of jail and House Arrest with Electronic Monitoring (HAEM). *** Max jail time for a 3rd offense misdemeanor is 1 year. **** Fourth-degree felonies involve mandatory prison or local incarceration.

First Offenses

Ohio takes OVI/DUI offenses seriously. A conviction can mean penalties like major fines, a suspended license or required incarceration. The severity of your charges is reflected by the details surrounding your charges, such as your blood alcohol concentration (BAC) levels, other harm caused while driving and any other prior charges you may have on your record.

First-time offenders may experience penalties from a conviction, like fines of up to several thousand dollars, a suspended license of up to three years and jail time, even for their first OVI/DUI charges. Some courts may also require you to go to a mandatory alcohol education program. The consequences of these charges can impact your professional career as much as your personal relationships.

Second And Subsequent Offenses

Repeat and high-alcohol OVI offenses carry even harsher penalties. If you are convicted of a high-tier offense or a second or subsequent offense within a certain time frame, the consequences increase. Penalties for multiple offenses include more time in jail, substantially higher fines and having your license suspended for longer. You may also be required to install an ignition interlock device on your vehicle. The more offenses you have, the more severe the penalties become. For example, a fourth OVI charge in a 10-year period can be charged as a felony OVI.

Having a lawyer who can defend you against these charges is vital. An experienced attorney can help you understand the OVI/DUI process in Ohio and the potential outcomes in your case, then work to achieve a favorable result.

Long-Term Consequences And Impact Of An OVI/DUI

The penalties for an OVI conviction extend far beyond the fines and suspension. It creates lasting difficulties in your life. As former prosecutors, our OVI lawyers know exactly how an OVI can damage your life for years.

A conviction for OVI  is a matter of public record. It remains on your criminal record permanently. You cannot expunge or seal an OVI on your record. This means the conviction can create roadblocks whenever a background check occurs. Other long-term consequences may include:

• Insurance rate increases: Your auto insurance company will label you as high-risk, possibly raising your rates substantially. Some insurance companies may drop your coverage completely.
• Impact on travel (especially to Canada): An OVI can prevent you from crossing the border into Canada. You must apply for a temporary resident permit or criminal rehabilitation to enter the country.
• Employment difficulties: Employers can see the conviction on your record, as it is public information. They may choose to fire you or refuse to offer you a job.
• Limited housing: OVI can impact housing applications, loan eligibility and security clearances.
• School opportunities: Colleges and universities do not look favorably on students with underage OVIs. Their codes of conduct may even require suspension or expulsion.

We understand how intimidating these long-term consequences are. That is why we use our prosecution experience to develop a strong defense strategy. We work hard to keep this record from damaging your future career and life. If you are facing a high-tier OVI or any OVI, you need a dedicated OVI attorney from our law firm on your side.

Understanding Reasonable Suspicion And OVI Stops In Columbus

Reasonable suspicion forms the legal foundation for any OVI stop. Before law enforcement can pull you over, officers must observe specific behaviors or violations that justify the stop. This standard protects your constitutional rights against arbitrary traffic stops. 

Common indicators that establish reasonable suspicion include: 

• Weaving between lanes or drifting onto the shoulder
• Abrupt braking without a visible cause
• Driving significantly below the posted speed limit
• Failing to maintain your lane position consistently
• Running red lights 
• Equipment violations like broken taillights 
• The smell of alcohol coming from your vehicle during the stop
• Your admission to consuming alcoholic beverages

Not every stop is lawful. Officers sometimes exceed their authority or rely on insufficient grounds to justify pulling you over. When reasonable suspicion is absent, any evidence collected during that stop becomes vulnerable to challenge. 

Challenging Unlawful OVI Stops

Common challenges to the legality of OVI stops include:

• Lack of reasonable suspicion for the initial traffic stop
• Unlawful sobriety checkpoints that fail to meet constitutional requirements
• Officers expanding the scope of the stop beyond what is legally permitted
• Roadblocks conducted without proper authorization or public notice
• Stops based solely on anonymous tips without corroboration

While sobriety checkpoints are legal in Ohio, they must follow strict guidelines. When these protocols are ignored, we move aggressively to challenge any evidence obtained. 

Filing Motions To Suppress Evidence

When an illegal stop occurs, a defense attorney files a motion to suppress evidence. This legal action requests the court to exclude all evidence gathered after the unlawful stop. Without this evidence, the prosecution’s case often crumbles.

The motion to suppress process involves:

• Filing a detailed written motion with the court outlining constitutional violations
• Presenting evidence that demonstrates the stop lacked legal justification
• Cross-examining officers about their actions and observations during the stop
• Arguing applicable case law before the judge

The criminal prosecution wants you to accept their version of events. We make them prove every element of their case while exposing flaws in their procedures.

Our experience as former prosecutors gives us insight into how the state builds its case. We know where prosecutors cut corners and where their evidence falls short. Our criminal defense attorney reviews every part of your stop, looking for procedural violations. As your DUI lawyer, we file detailed suppression motions challenging the legality of your stop and the validity of the evidence.

Grounds For Dismissal And Defense Strategies For Ohio DUIs

It is important to consider all potential defense options when facing DUI charges. Below are a few Ohio DUI defenses to keep in mind.

Medical Defenses

One potential Ohio OVI defense is if you have a medical condition that can lead to a false positive or an exceptionally high breathalyzer result. For instance, someone with gastroesophageal reflux disease (GERD) may have a sphincter that remains partially open, allowing stomach contents to reflexively move up the esophagus. This could mean that you have an exceptionally high mouth alcohol content, leading to a high breath test reading.

Furthermore, some high-protein diets can lead to ketosis, where the body produces ketones. A breath test may identify this as alcohol, even if you do not have alcohol in your system. The same can be true for someone who has diabetes and elevated ketone levels, combined with the fact that some symptoms of low blood sugar are similar to symptoms of impairment.

Procedural Errors

You may have grounds for dismissal of OVI charges if the police made significant procedural errors or mistakes. For instance, a chemical test needs to be given within three hours of operating a motor vehicle, so a test that is performed too late may not qualify as evidence in the case against you.

There is also a 20-minute observation period that should be used before the test is administered. If officers do not observe this 20-minute delay, it could call the results into question, especially if you burped or vomited during that time, potentially increasing your mouth alcohol content. So, while it is important for the police to act relatively quickly to stay within the three-hour window, administering the test too quickly could actually invalidate the results.

The Rising BAC Defense

Another thing to consider is that your BAC may still be rising if you just consumed alcohol before an arrest. BAC is not automatically declining immediately, but can rise while the body metabolizes the alcohol. You may be able to argue that you were actually under the legal limit while driving your vehicle, but that a rising BAC caused you to fail a test at the police station an hour later.

If you are wondering how to fight OVI charges in Ohio, our team can help you explore all of your defense options.

Why You Need An Attorney For OVI Charges

When you are arrested for OVI, having an attorney by your side can make a significant difference. As your legal representation, we can review the details surrounding your case and craft a custom-tailored strategy to defend you. We will look for weaknesses in the prosecution’s evidence, challenge the blood and alcohol tests, and explore all available options of beating your charges, minimizing them through negotiation and looking for grounds for dismissal.

Our attorneys at Bowen, Scranton, & Olsen, LLC, have the trial experience needed to defend your rights. We are committed to providing you with the guidance and support you need during this challenging time.

Answering Frequently Asked Questions

When our clients are charged with OVI/DUI crimes, they often have a lot of questions. As we represent you, we can answer your questions while building a defense for you. Some of the questions we get from our clients include:

What is an administrative license suspension?

An administrative license suspension (ALS) occurs before you are convicted of OVI. It is imposed if you refuse a chemical test or test over the legal limit. The length of the suspension depends on your prior offenses. There are ways to challenge an ALS, and having an attorney can help you explore these options.

Is a DUI different from an OVI?

In Ohio, the term OVI (Operating a Vehicle Impaired) is used instead of DUI (Driving Under the Influence). The legal definitions and penalties have a lot in common, which is why it is important to recognize the distinctions if you’ve been charged with an offense related to impaired driving in our state.

Our attorneys can help you understand the unique language that Ohio’s legal system uses so you know exactly what you are up against. Our guidance can help you understand all of the details of your charges, including what options you have in your defense and what your rights are in these situations.

What are standardized field sobriety tests?

Standardized field sobriety tests (SFSTs) are a series of tests used by law enforcement to assess impairment. These tests are standardized by the National Highway Traffic Safety Administration (NHTSA). Our attorneys can review the administration of these tests to ensure they were conducted properly.

Start Your OVI Defense Today

If you are facing OVI charges, now is the best time to reach out to a OVI/DUI lawyer. Contact our Columbus office by calling 614-254-6517 or email us here to schedule your initial consultation today.