An OVI charge often starts with a traffic stop and may progress through a series of legal steps, including roadside sobriety tests, breath tests, arraignments, motion hearings, and, in some cases, a jury trial. The DUI defense attorneys at Smith’s Law Offices offer a detailed overview of each step in this process to help you understand what to expect.
Police can initiate a traffic stop in one of two ways: through a "reasonable suspicion" stop or at a checkpoint. At checkpoints, law enforcement may stop vehicles systematically without specific suspicions, but they must follow strict guidelines in determining which cars to stop. For reasonable suspicion stops, police must observe a potential issue with your vehicle—such as a burnt-out light—or have a reasonable basis to suspect you’re violating the law. Common reasons for reasonable suspicion include crossing lane lines, swerving, speeding, driving without headlights at night, failing to signal, or running a red light.
If the police lacked sufficient grounds for the initial stop, evidence obtained afterward, including breath test results, may be excluded in court. At Smith's Law Offices, our experienced DUI attorneys will challenge the State to ensure any stop met all legal requirements.
During a stop, officers make observations that could lead them to suspect impairment, which they may later use to support an OVI/DUI charge. They look for indicators such as bloodshot eyes, alcohol containers, slurred speech, the odor of alcohol or drugs, and statements from the driver and passengers.
During any stop, remain polite, limit your conversation, and avoid making incriminating statements. If you’re uncomfortable answering a question, try redirecting the conversation by politely asking what you did wrong or how long the stop will take. If the officer indicates suspicion of intoxication, respectfully state that you would like to speak with an attorney before answering further questions. Avoid arguing, as respectfulness often reflects positively if the matter proceeds to court.
If an officer suspects you may be under the influence, they may ask you to step out of your vehicle to perform sobriety tests. You are within your rights to politely decline these tests. When an officer requests them, they have often already made a preliminary judgment, which could impact how they interpret your performance. Agreeing to these tests may result in video footage and a report that might not work in your favor at trial.
Field sobriety tests are optional, and participating only helps the officer build their case. These tests can include standardized tests—like the Horizontal Gaze Nystagmus (tracking eye movement), the One-Leg Stand, and the Walk-and-Turn test—as well as various non-standardized tests. Each standardized test is supposed to follow specific procedures, which may be affected by external factors like weather, road conditions, and your physical abilities. If these procedures aren’t followed correctly, the results can be unreliable. At Smith’s Law Offices, our experienced OVI/DUI attorneys thoroughly examine how each test was administered, working to exclude any improper or faulty test results.
Non-standardized tests, such as touching your nose, counting backward, reciting portions of the alphabet, or estimating time, lack sufficient evidence linking them to alcohol impairment but may still be requested by the officer.
Another common test offered before arrest is the Portable Breath Test, which differs from the official evidentiary test administered at a station or medical facility. You have the right to refuse the Portable Breath Test without impacting your driver’s license, so declining can protect you from giving unnecessary evidence in the field.
The National Highway Transportation Safety Administration (NHTSA) describes the standardized field sobriety tests (SFTS) in its manuals. There was an update to the NHTSA manual in 2023. NHTSA's web page at http://www.nhtsa.gov/Impaired also includes general information about enforcement. The attorneys at Smith Law Offices have received the same training and been certified in the same NHTSA SFST training that the police receive.
If the officer believes there is sufficient evidence of an OVI violation, they will place you under arrest and take you to jail, where you’ll likely be asked to undergo an evidentiary chemical test such as a breath test. You will remain in custody until you post bail or are released on your own recognizance, meaning you’re released without posting bail.
Throughout this process, it’s essential to remain silent. Anything you say can and likely will be used against you, so avoid assisting law enforcement in building their case. Once you’ve been arrested, there is little you can say that would benefit your situation.
In Ohio, OVI (Operating a Vehicle while Intoxicated) charges are equivalent to DUI charges, the term more commonly known as Driving Under the Influence. Both mean the same in Ohio.
The police may try to measure your blood alcohol content (BAC) through a urine test, blood test, or, more commonly, a breath test. Each of these tests has strict guidelines that must be followed to ensure accuracy and reliability. Deciding whether to consent to an evidentiary BAC test can be complex. Refusing the test typically results in a longer initial license suspension, but it may improve your lawyer's ability to fight an OVI charge. On the other hand, if you take the test and your BAC is below the legal limit, this could work in your favor—although the officer may still proceed with an OVI charge or another offense.
Ohio law establishes strict rules regarding BAC testing, including requirements for equipment maintenance, calibration schedules, proper handling of calibration solutions, and adherence to procedural timelines. The test must be conducted within three hours of the alleged violation, with a senior operator observing you for at least 20 minutes beforehand. During this period, the officer must check your mouth for any objects and read the Administrative License Suspension (ALS) Form to you, explaining your choice to submit or refuse.
Tests may also be challenged based on certain health conditions, if you burped or vomited during the observation period, or if you have dental appliances like dentures. In some cases, your attorney may even contest a claimed refusal if you did not, in fact, refuse. At Smith's Law Offices, our DUI/OVI attorneys carefully examine each of these factors to ensure any BAC test results are accurate and admissible.
If an officer has reasonable grounds to believe you are under the influence of alcohol or drugs, refusing the evidentiary test or submitting to it and exceeding the legal limit may lead to an Administrative License Suspension (ALS) through the Bureau of Motor Vehicles (BMV). The length of these suspensions varies, ranging from 90 days to five years, depending on factors like prior convictions, previous refusals, and the test result level.
Challenging an ALS is possible, but it requires immediate action. The experienced Ohio DUI attorneys at Smith's Law Offices have the knowledge and skills to help you fight an ALS suspension and protect your driving privileges.
The arraignment is your first court appearance, where you will be asked to enter a plea—guilty, not guilty, or no contest. If you intend to challenge your OVI/DUI charge, it’s advisable to enter a not-guilty plea and inform the court that you plan to retain a lawyer. Ideally, you should contact an attorney immediately after your arrest; in many cases, they can file a not-guilty plea and notice of appearance on your behalf, allowing you to avoid appearing at the arraignment. If you cannot afford an attorney and qualify, you may request the court to appoint a public defender for your case.
After entering a not-guilty plea, the court will generally schedule at least one pre-trial meeting with the prosecutor. During this meeting, the prosecutor will share the evidence they have and discuss their stance on the case. If there is any outstanding discovery material, your attorney will address this with the prosecutor to ensure a complete review. Your attorney will also explore possible resolutions that align with your best interests.
At the pre-trial, you’ll check in with the clerk upon arrival and wait in the designated area. Your attorney will meet with you to discuss any preliminary matters before speaking with the prosecutor. This discussion may take place in a private room or at the prosecutor’s desk in the courtroom.
After meeting with the prosecutor, your attorney will update you on the progress and any potential offers. If the prosecutor extends an offer to resolve your case, your attorney will explain it in detail, allowing you to ask questions and decide whether it meets your needs. If an agreement is reached, you may appear briefly before the judge to confirm it.
If no agreement is reached, the court may schedule another pre-trial or allow for the filing of a suppression motion. Suppression motions aim to exclude certain evidence that the police intend to use against you, which can be pivotal in your defense.
Here is an overview of what to expect at pre-trials - https://youtu.be/Y4g9f38OX6I
Unlawfully or improperly obtained evidence should be excluded from your case so that the jury never sees or hears it. To achieve this, your attorney must file a motion to suppress and attend a suppression hearing. The Ohio Judicial Conference provides a Motion to Suppress Checklist, which highlights common issues related to OVI cases. Suppression hearings can significantly impact your case and, in some instances, lead to a complete resolution.
The experienced DUI attorneys at Smith's Law Offices have the knowledge and skills to thoroughly challenge the State’s evidence through a suppression hearing, working to ensure only lawful, reliable evidence is considered in your case.
Not all attorneys are trial attorneys; many resolve cases solely through plea deals and may lack the experience to effectively handle a case at trial. At Smith's Law Offices, our attorneys are not only skilled Ohio DUI lawyers but also seasoned trial lawyers who are fully prepared to take your case to trial when necessary. We are ready, willing, and able to advocate for you in court, ensuring every aspect of your defense is thoroughly pursued.
The trial court has significant discretion in granting driving privileges if your license has been suspended. These privileges can extend beyond just commuting to and from work; they may also include essential daily activities such as driving to school, attending medical appointments, or transporting your children to school or daycare.
