Cincinnati: 513-723-1600 | Dayton: 937-815-1555

Cincinnati DUI Attorneys

Serious OVI defense On Your Side

Being charged with an OVI or DUI is serious business, and you need a serious attorney on your side. Our Cincinnati DUI attorneys have substantial experience with drunk driving or under the influence cases.

If you have been charged with DUI (OVI in Ohio) in Cincinnati or Dayton, you may be feeling overwhelmed and uncertain of what to do next. It is important to remember that you have the right to an attorney, and hiring a DUI lawyer with Minnillo Law Group can help you navigate the legal system and protect your rightsSince 1996, we’ve represented thousands of clients for Cincinnati-area DUI charges. We can help you, too. Call our experienced lawyers for a free consultation at 513-723-1600.

Our DUI attorneys are familiar with the law and the local court system, and they can help you understand the charges against you and the possible penalties. They can also work with the prosecutor to negotiate a plea agreement or to challenge the evidence against you. If you are facing a DUI charge, hiring an experienced attorney from Minnillo Law Group can make a significant difference in the outcome of your case. Here is information you may find helpful if you’ve been charged with a DUI – OVI.

Fighting your OVI Charge

So, you want to fight your OVI? Our lawyers can look at every step of the case and determine if the prosecutor will have trouble proving the elements of the case against you. 

The first step in any DUI case is fact-finding. The facts of a DUI case are contained in the police report/officer’s statement of facts, field sobriety test/intoxication report, police car video, police station video, and videos from other cars at the scene other than the arresting officer. There are many additional records involved with a chemical test.

Sometimes the best results come from fighting cases that the prosecutor will agree to reduce. When you switch gears from negotiation to fighting the pressure is really on the state to prove its case. This will often reveal defects not apparent on the paperwork.

The main areas of attack in an OVI case are whether there was probable cause to stop you in the first place:

  • Did you exhibit any signs of impairment that can’t be reasonably explained by other things like red/water eyes from allergies or crying?
  • Did the officer instruct, demonstrate, and make accurate and proper observations of indicators of impairment according to his training?
  • Was there probable cause for the arrest?
  • Were Miranda Warnings given properly?
  • Was your blood, breath, or urine testing device Ohio Department of Health approved? And did it yield an accurate result?
  • Were your results taken more than 3 hours since the time of operation?
  • Do the police or lab have 3 years of records?
  • Were you even the driver?
  • Do you have a medical condition that explains your driving and condition like diabetic emergency, neurological disorder, lazy eye, broken bones, surgery, injuries, sickness, balance problems, speech disorders, etc.?

OVI breath test defenses are complex, but not complicated. Some will allow you to use a loophole so to speak. Ohio law requires that the test be done in substantial compliance with the Ohio Dept. of Health regulations. Failure to meet these regulations will result in the test being subject to suppression. Your lawyer will have 35 days from the arraignment to file an objection to the evidence being used at trial based on that defect. There will be a hearing where the state will attempt to show the court that they complied with the regulations. Failure to object to the evidence will waive the issue and you will be stuck with the result.

Using experts

Other DUI or OVI defenses like reverse extrapolation, rising blood alcohol level, diabetic ketoacidosis, etc. will require medical records or an expert. Experts in DUI cases can cost upwards of several thousand dollars. You will want to talk to your lawyer about the risks and rewards of using experts based on the facts of your case. Each DUI case is unique and needs an experienced OVI lawyer that will spend the time discovering what defenses are available to you and the facts of your case.

Most OVI cases have a traffic offense listed on the ticket as the reason for the stop. You do not have to be cited for the reason the officer pulled you over. The Constitution prevents officers from pulling you over for just a hunch. They also cannot pull you over for looking lost. They cannot stop you for going under the speed limit because they think you have something to hide unless there is a minimum speed posted or you are impeding traffic.

They will also need reasonable suspicion to ask you to perform field sobriety tests. This is because they are only allowed to detain you for a reasonable amount of time to issue a traffic citation. By extending the time allowed they will require an additional expectation that another crime is being committed. This can be an odor of marijuana coming from the car or an odor of alcohol from the driver or car.

They also look at where you are coming from. They want to know if you came from a place that serves alcohol. Unusual actions can be an indication of intoxication like not rolling the window down, not pulling over right away, rooting around inside the car, or nervousness/shaking/sweating.

OVI CHarges Reduced THrough Plea

If you entered a plea, the prosecutor will likely have offered you a reduction. A reduction is usually a reckless driving or physical control. Reckless driving is usually a misdemeanor of the 4th degree when offered as a reduction from DUI. It carries a 6 month to 3 year suspension, up to 30 days in jail, and up to a $250 fine. It also carries 4 points on your license.

Another option for a plea will be physical control. This is not a moving violation and carries 0 points. However, it is an alcohol violation. It is a misdemeanor of the 1st degree punishable by up to $1000 fine, 180 days in jail, and up to a 1 year license suspension.

Dos and Don’ts of Getting Pulled Over For Possible DUI

Do:

  • Signal and pull over.
  • Stop in a safe place.
  • Comply with orders from police:
    • “Put the car in park.”
    • “Turn off the radio.”
    • “Roll down the window.”
    • “Give me your license, registration, and insurance.”
    • “Step out of the vehicle.”
    • “Put your hands behind your back.”
  • Identify yourself by name, date of birth, and social security number especially if you do not have your license. Give it to them if you have it.
  • Identify whether you have a CCW Permit or Firearm.
  • Be polite.
  • Inform the officer that you invoke your right to remain silent.
    • There is a good chance that you are being recorded on high quality audio and video.
      NOTE: THE BACK OF THE POLICE CAR ALSO HAS AUDIO AND VIDEO RECORDING CAPABILITY ON MOST POLICE CARS!

Don't:

  • Make admissions.
    • You do not need to answer where you are coming from or going to.
    • You do not have to admit to drinking alcohol.
  • Reach where the officer can’t see your hands without permission.
  • Move around in the vehicle. The officer is watching you. They will assume you are hiding drugs or guns and it will raise their blood pressure. This is not the way to get off to a good start.
  • Consent to a search.
  • Resist or fail to comply with orders.
  • Tell the officer they should be out looking for worse criminals or talk to them about race, quotas, or your political views.
  • Be rude or disrespectful.
  • Take any field sobriety tests.
    NOTE: THEY ARE OPTIONAL!!!
  • Take any roadside breath tests.
  • Take any blood, breath, or urine tests at the station or hospital without consulting with a lawyer first.
    (NOTE: WE CAN ASK FOR DRIVING PRIVILEGES WHETHER YOU TEST OVER THE LIMIT OR REFUSE)

6 Signs of Suspected Drunk Driving

A police officer is looking for specific things when they pull you over that will tip them off that you might be drunk. Most OVI or DUI arrests occur on a weekend and after dark, especially after bars close versus Tuesday at noon or during morning and evening rush hour. So what signs are police officers looking for?

What You Should Know About License Suspensions

There are myriad reasons your license is suspended:

Noncompliance

Too many points on your license

FRA

Driving without insurance

DUI/OVI

DUI/OVI charges with an administrative license suspension

Accident

You were in an accident

The first step is to determine the reason your license is suspended, and that will determine the legal path we will need to follow. No matter why your license is suspended, seeking legal counsel can get the problem resolved faster than fighting this on your own. You probably need to get back to work or you have kids’ activities to get to, and not having a license is a hindrance. It’s important that you remember that driving with a suspended license could get you into even more trouble.

Portrait of Robert F. Healey, Jr., a member of Minnillo Law Group Co., LPA

Robert F. Healey, Jr.

Attorney – Of Counsel
Minnillo Law Group Co., LPA

Avvo Rating Badge – 10.0 – Robert Francis Healey Jr. – Top Attorney2021 Top 3 DWI Lawyers in Dayton – Three Best Rated

Contact our Cincinnati dui attorneys today

To schedule an appointment for a criminal defense consultation, please contact us today. Our team is here to help.