Cincinnati DUI FAQ

Our Cincinnati DUI lawyers at Patituce & Associates often talk to clients who have questions about Ohio DUI/OVI laws and how to fight the charges they are facing. This DUI FAQ page answers some of the most common questions.

If you’ve been charged with drunk driving or drugged driving, we can help. Contact us today at 513-657-2440 to schedule a free consultation.

Table of Contents

Why Am I Charged With Two DUIs on the Same Ticket?

In Ohio, unlike some other states, you can be charged both with multiple versions of the same offense.

In this scenario, you most likely took field sobriety tests and a breathalyzer test. If the police officer believes your driving was impaired and you blew over the legal BAC limit, you can be charged for both of these issues.

What Are the Penalties for a DUI in Ohio?

The penalties for DUI in Ohio depend on the specifics of the case, including the driver’s blood alcohol content (BAC) at the time of the offense, whether anyone was injured or killed, and whether the driver has any prior DUI convictions.

Here is a general overview of the penalties that may be imposed for a DUI in Ohio:

  • First OVI – Minimum of 3 days in jail or an alcohol abuse program, and over a thousand dollars in fines
  • Second OVI – 10 days to 20 days in jail, up to 6 months in jail. Fines may reach up to $1,625.
  • Third OVI – Minimum of 30 to 60 days in jail, maximum of 1 year. Fines can be as high as $2,750, in addition to payment for an alcohol treatment program. Your license may be lost for 2 – 10 years.
  • Fourth OVI – 60 to 120 days in jail, up to 1 year. Fines from $1,350 up to $10,500, license suspension for 3 years up to a lifetime ban.

What Is a Super-BAC OVI Charge?

In Ohio, there are two legal limits, something that most people and many attorneys do not know. The first legal limit is 0.08. The second legal limit kicks in at 0.17. A super-BAC OVI charge is technically anything that is over that second legal limit. Some police departments still use old terminology when labeling these cases.

There are enhanced penalties for a super BAC DUI charge. You need to contact an experienced DUI defense lawyer right away.

What If I Refuse to Take a Breath Test?

If you refuse to take a breathalyzer test, your driver’s license can be suspended for a year. This is because Ohio has an implied consent law, which means that by getting a driver’s license, you have agreed to take a chemical test if asked to do so by a law enforcement officer.

If you have a prior DUI conviction or if you have refused to take a chemical test in the past, you may face harsher penalties for refusing to take a breathalyzer test.

The good news is that the refusal to submit to a breathalyzer test makes it exponentially more difficult, in most cases, for the prosecutor to convict you.

Drunk driver, Cincinnati DUI FAQ concept image

What Is the Cost of a DUI?

We’ve explained the costs associated with a DUI below.

Attorney Fees

Attorneys who specialize in this field, and have been doing so for decades, charge anywhere from $5,000 to $10,000 for their representation. Other attorneys may charge only $750.00 to represent your case. We’re somewhere in between. Our team is led by former prosecutors. We offer the best defense available for the price we charge.

We only charge flat fees for DUI cases. This is because it allows us to do two things. Flat fees allow us to know how much we will get in a case and (2) it allows our lawyers to adequately defend you without worrying too much about an hourly rate. In certain cases, we work closely with our clients to negotiate payment plans.

Court Costs & Fines

This is something few people consider. For a DUI/OVI conviction in Ohio, fines range from $375 to $1075 for the first offense and up to the tens of thousands depending on the type of offense.

Each court has its own costs. Different courts may charge different fees for certain aspects of your case. Talk to your attorney to find out what the charges could be. Between court costs and fines, you could end up spending thousands. You don’t have to pay court costs or fines if your case is won.

Driving Privileges

It is our priority to get driving privileges for all of our clients. You could lose your job if you are unable to drive to work or as part of your job. Alternatively, you might spend thousands of dollars if your only options are paying rideshare/taxi drivers or taking public transportation.

Insurance Costs, Points on Your License

A DUI conviction can result in 6 points on your driver’s license. You will need to purchase high-risk insurance if you are younger than 21. This insurance is extremely expensive. Your insurance will go up significantly even if your arrest was made when you were still of legal age.

What Defenses Can Be Used to Fight a DUI?

There are several defenses that may be raised in a DUI case, depending on the specific circumstances. An experienced attorney is the best person to determine the right DUI defense strategy.

Some of the possible defenses in DUI cases include:

  • There was no probable cause for the traffic stop.
  • The DUI checkpoint where you were arrested was not lawful.
  • The breathalyzer test was faulty.
  • The police violated your rights.

What Can I Do to Get Driving Privileges After a DUI/OVI?

The most important question to many of our clients is how long it will take to allow them to drive after being arrested. Even a first-time DUI offender in Ohio will find it difficult to get driving privileges.

While the following guidelines are minimum requirements, there are ways to obtain privileges faster.

  • A first-offense failure to pass a breath test results in your driving privileges being suspended for at least 15 days.
  • A refusal to take a test for the first time will result in a driving ban for at least 30 days.
  • A second offense results in not being able to drive for 45 days, and your car being impounded for 90.

It is important to understand that refusing both the breathalyzer test and field sobriety tests, is usually better for your case overall. If you refuse to take the test and are convicted, your license will be suspended from 6 months to 3 years for a first offense. However, if the police do not receive the evidence of your guilt it could result in no suspension.

You can fight a DUI driver’s license suspension at a BMV hearing.

Can a DUI / OVI Be Expunged?

In Ohio, DUI/OVI can’t be expunged under most circumstances. Unfortunately, this is a question we often have to answer late in proceedings when potential clients approach us with the question. They are not advised that their DUI will remain on their record for life.

Protect yourself against the possible penalties for a DUI conviction. These can last a lifetime even after you are done with probation, jail, or any other punishment that may have been imposed by the court in your case.

You should consult a Cincinnati DUI attorney immediately if you are facing DUI charges.

Cincinnati DUI lawyer answering frequently asked questions

Is It Possible to Reduce My Charge to a Reckless Operation Charge?

It is extremely difficult to reduce a DUI to reckless operation. However, it is possible. Many lawyers make the error of asking for a lower charge at the first hearing. Prosecutors will often refuse to reduce the charge if this happens. Many courts won’t allow a reduction of charges if the case has not been handled properly.

How can a lawyer reduce your OVI/DUI charges to reckless operation? While experience and preparation are the two most important keys, it is not enough.

To get a DUI reduced to reckless operation, you will need to prove that you are a person who deserves it and that your DUI case has some flaws that warrant a reduction by the prosecutor. We have plenty of experience with this.

What Does Physical Control Mean?

Many of our clients want their DUI cases to be dismissed or reduced. One way to reduce DUI cases is physical control. This means that a person was in control of the car while sitting in the driver’s chair after drinking alcohol.

Because it is not a moving offense and does not have points, physical control can often be seen as a reduction in DUI charges. You are not required to spend any jail time. A maximum penalty of $1,000 is applied to a DUI conviction, while a license suspension of one year is allowed.

Are Penalties Increased By a Previous Physical Control Conviction?

A prior conviction for physical control in the last six years will not increase the penalties for your current DUI.

While a conviction for physical control may not increase your penalties for your current DUI offense, it can still lead to severe consequences that could have a significant impact on your life. These charges can be fought by a DUI attorney.

Hire the Best DUI Defense Lawyers in Cincinnati!

Our Cincinnati OVI / DUI attorneys at Patituce & Associates know how to thoroughly defend clients in the courtroom. We have decades of experience and former prosecutors on our staff.

Call us today at 513-657-2440 or contact us online to schedule a free consultation.

Related Articles