You should never go into court without a lawyer. The Prosecutor will represent the State and the Judge is not there to represent your interests. A DUI/OVI is a serious offense that can have serious consequences. These consequences could include a fine, driver's license suspension, and even jail time. You should have someone on your side to represent you. A good lawyer can help you to spot any defenses that you may have, assist in negotiating a favorable plea, and help to protect you from negative consequences that may arise after the matter is finished. It is too common where someone goes in to represent himself or herself and they either fail to raise a defense that could have won their case or they fail to achieve the best deal that they could have gotten had they been represented. This leads to financial loss as well as other significant penalties.

Drinking and driving is not necessarily illegal in Ohio. It is illegal to have an open container in your vehicle, so it is illegal to drink while you are driving. It is also illegal to operate a vehicle under the influence. Many of you have heard that it is illegal to have a blood alcohol level of .08. This is considered per se under the influence. This does not mean that you cannot be charged if you have a blood alcohol level below .08; the statute allows you to be charged if you are operating a vehicle under the influence of drugs or alcohol. It is easier to defend a charge if the blood alcohol content is less than .08. It is an elevated DUI if your BAC is over .17. This means that you are subject to increased penalties. Please refer to the DUI chart on our website for an estimate of what your BAC is based on weight and alcohol consumption. This is not an exact BAC level and other factors can influence it, so use your best judgment in determining if you are under the influence before driving. As always exercise good judgment and err on the side of caution.

There is still a presumption of innocence in the State of Ohio, and this does not go away simply because the officer has taken your driver's license. An officer can take your license, however, under the Ohio Revised Code if you either refuse to take the breath test (assuming it is not a PBT, discussed below), or if you test over the legal limit. This suspension is called an ALS Suspension (Administrative License Suspension). The rationale is that you have given your consent to take these tests when you have obtained your driver's license. Refusing your consent forfeits your license for a period of time. You do, however, have the right to appeal this suspension. It is time sensitive, so if you decide that you would like to appeal this suspension and/or obtain limited driving privileges during the duration of the suspension, you should consult an attorney promptly.

As soon as the officer approaches your car, he or she may ask you to perform some sobriety tests. These can include a pen test, questions, or other activities that he or she asks you to perform outside of the car. You are not obligated by law to conduct any of these tests. You are required to give the officer your personal information; but if he or she asks you to conduct tests or volunteer any information, you do not have to do so. The tests are generally required to be conducted under very specific circumstances. A failure on the officer's part to conduct the tests in compliance may impact the results. It is very difficult to prove that the tests were not done in compliance, however, and you should be aware that the officer is the one who is recording the results. This is not to your benefit since it is highly likely that the officer has already made a determination that you are guilty, or else you would not be asked to take these tests. If you decide not to perform these tests you should politely decline and ask to speak with your lawyer.

In Ohio, there are two instances when you might be given a "breath test" and your refusal to take either one has varying consequences. The first instance that you may be asked to take a breath test is alongside the road after an initial traffic stop. Typically, an officer carries a device in the squad car that will allow him or her to administer a Portable Breath Test (PBT).  The test is not mandatory and the results can only be used to determine probable cause and are not admissible in court. There is no reason to consent to the Portable Breath Test.

If you do submit to the PBT and fail, or if you fail some of the field sobriety tests, the officer will most likely arrest you and take you back to the station to perform the second breath test on an approved device. Currently, there are two approved breath-testing devices in Ohio - The BAC Datamaster and the Intoxilyzer 5000. At this point, you will be told you can blow or refuse. If you refuse to blow and be tested, there will be an automatic suspension of your license for a year and it could have other repercussions if you have a CDL. If you choose to blow and are above the Ohio legal limit of .08, you will be charged with an OVI/DUI and booked. More importantly, if you are booked and have blown above .169, you will be charged with a Super DUI. It's important to assess your own condition at this point.

You may always refuse consent to take any breath test. A main factor should be whether or not you think that you will test over the limit. If you know that you will not, you may wish to comply with the test. This can be advantageous for several reasons. First, as discussed above, your initial suspension will not be as long. Second, you will help your defense if you test under the limit. You will still likely be charged, but your defense becomes easier. If, however, you think there is a chance that you will test over the limit, you should think carefully before deciding whether or not to agree to take the test. A test that is over the limit will make your defense significantly harder. There is also that possibility that you could test into a higher tier offense (Super DUI), which significantly increases your penalties if you are convicted.

In the end it is your decision, but you should be advised as to all of the consequences that your decision could entail.

The penalties vary depending on the level of the offense, and if you have had any prior convictions. The lowest penalty is for a first time offense that is classified as low tier. This means it is below a .17 BAC. The maximum penalty is a fine of $1,000 and 180 days in jail. The mandatory minimum is three days in jail. These three days are often converted into a three-day treatment program which is paid for at your own expense, but this is the minimum. It is entirely possible that you could spend some time in jail, even on a first offense. Additionally, you will have a minimum driver's license suspension of six months. These penalties only increase if the offense is a higher tier or if you have had prior convictions.

This is why it is important to seek a good attorney promptly. You need to have effective representation to ensure that the chances of spending time in jail and spending a substantial amount of money on court costs are as low as possible.