Knowing what comes next, from the traffic stop through trial, puts you in a stronger position to protect your defense.
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 The Law Offices of Brian J. Smith, ltd. offer a detailed overview of each step in this process to help you understand what to expect.
Police can start a traffic stop two ways: a reasonable suspicion stop or 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 a reasonable suspicion stop, the officer must see a problem with your vehicle (such as a burnt-out light) or have a reasonable basis to suspect a violation. Common examples include crossing lane lines, swerving, speeding, driving at night without headlights, failing to signal, or running a red light.
If the police lacked sufficient grounds for the stop, the evidence that follows, including breath test results, may be excluded. We challenge the State to prove the stop met every legal requirement.
During the stop, officers gather observations to support an OVI charge, such as bloodshot eyes, open containers, slurred speech, the odor of alcohol or drugs, and statements from the driver and passengers.
Stay polite, keep conversation brief, and avoid incriminating statements. If a question makes you uncomfortable, politely ask what you did wrong or how long the stop will take. If the officer suspects intoxication, say that you would like to speak with an attorney before answering further. Do not argue; staying respectful tends to help if the case reaches court.
If an officer suspects impairment, they may ask you to step out and perform sobriety tests. You have every right to politely decline. By the time they are offered, the officer has often already formed a judgment that colors how your performance is scored, and agreeing can create video and a report that work against you at trial.
Field sobriety tests are optional, and taking them mainly helps the officer build a case. The three standardized tests (Horizontal Gaze Nystagmus, the One-Leg Stand, and the Walk-and-Turn) must follow specific procedures, and weather, road conditions, and physical limitations can all affect the result. When the procedures are not followed, the results are unreliable. We examine exactly how each test was administered and work to exclude improper or faulty results.
Non-standardized tests, such as touching your nose, counting backward, reciting part of the alphabet, or estimating time, have no validated link to impairment but may still be requested.
The Portable Breath Test offered at the roadside is different from the official evidentiary test given at a station or hospital. You can refuse the portable test without affecting your license, so declining avoids handing over unnecessary evidence in the field.
The National Highway Traffic Safety Administration (NHTSA) describes the standardized field sobriety tests (SFTS) in its manuals. There was an update to the NHTSA manual in 2023, and the attorneys at The Law Offices of Brian J. Smith, ltd. have completed the same NHTSA SFST certification training the police receive.
If the officer believes there is enough evidence of an OVI, they will arrest you and take you to jail, where you will likely be asked to take an evidentiary chemical test such as a breath test. You stay in custody until you post bail or are released on your own recognizance (released without posting bail).
Stay silent throughout. Anything you say can and likely will be used against you, and once you are under arrest there is little you can say that helps.
In Ohio, OVI (Operating a Vehicle Under the Influence) is the legal term for what most people call a DUI. Both refer to the same offense.
The police measure blood alcohol content (BAC) with a breath test, or less often a blood or urine test. Each has strict rules meant to ensure accuracy. Whether to consent is a complex decision: refusing usually means a longer initial license suspension but can strengthen your defense, while taking the test and coming in under the limit can help you, though the officer may still charge an OVI or another offense.
Ohio law sets strict rules for BAC testing, covering equipment maintenance, calibration, handling of calibration solutions, and timing. The test must be taken within three hours of the alleged operation, and a senior operator must observe you for at least 20 minutes first, check your mouth for objects, and read you the Administrative License Suspension (ALS) form explaining your choice to submit or refuse.
The results can also be challenged based on health conditions, a burp or vomit during the observation period, or dental appliances such as dentures, and we can contest a claimed refusal when you did not actually refuse. We examine each of these factors to keep inaccurate results out.
If an officer has reasonable grounds to believe you are impaired, refusing the evidentiary test, or taking it and exceeding the limit, can trigger an Administrative License Suspension (ALS) through the BMV. These suspensions run from 90 days to five years, depending on prior convictions, prior refusals, and the test result.
An ALS can be challenged, but only with quick action. We can move fast to fight the suspension and protect your ability to drive.
The arraignment is your first court appearance, where you enter a plea of guilty, not guilty, or no contest. If you plan to challenge the charge, enter a not-guilty plea and tell the court you intend to retain a lawyer. Better still, contact an attorney right after your arrest; in many cases they can file the not-guilty plea and a notice of appearance for you, letting you skip the arraignment entirely. If you cannot afford counsel and qualify, you can ask the court to appoint a public defender.
After a not-guilty plea, the court usually schedules at least one pre-trial with the prosecutor, who shares the evidence and their position on the case. Your attorney presses for any outstanding discovery and explores resolutions that serve your interests.
At the pre-trial, you check in with the clerk and wait in the designated area. Your attorney meets with you on any preliminary matters, then speaks with the prosecutor, sometimes in a private room and sometimes at the prosecutor's desk in the courtroom.
Afterward, your attorney updates you on any offer to resolve the case and explains it in full so you can ask questions and decide. If you reach an agreement, you may appear briefly before the judge to confirm it.
If there is no agreement, the court may set another pre-trial or allow a suppression motion, which seeks to exclude evidence the State intends to use and can be pivotal to your defense.
For a short overview of what to expect at a pre-trial, watch our pre-trial video.
Evidence obtained unlawfully or improperly should be kept out so the jury never sees or hears it. To do that, your attorney files a motion to suppress and argues it at a suppression hearing. The Ohio Judicial Conference publishes a Motion to Suppress Checklist, which highlights common issues in OVI cases. A suppression hearing can reshape the case and, in some instances, end it entirely.
We use the suppression hearing to challenge the State's evidence hard, so only lawful, reliable evidence reaches your case.
Not every attorney is a trial attorney; many resolve cases only through plea deals and lack real trial experience. Our attorneys are seasoned Ohio OVI trial lawyers, ready to take your case to court when that is what your defense needs.
If your license is suspended, the trial court has wide discretion to grant limited driving privileges. These can cover more than commuting to work, including driving to school, medical appointments, and taking your children to school or daycare.
