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"The Joslyn Law Firm is highly experienced and nationally recognized for their Criminal and DUI Defense. Brian Joslyn is an Award-Winning Criminal and DUI Defense attorney who, along with his team, has handled hundreds of cases and has helped their clients obtain the best results possible."

Ohio DUI FAQ

It's important to know all of your facts before deciding on any options, whether or not you choose to work with an experienced Ohio DUI lawyer. This page contains some of the most commonly asked questions by our clients who have been charged with drunk or drugged driving throughout the years.

DUI FAQ


Do I have to be driving a vehicle to be convicted of DUI?

No. You can be convicted of OVI without actually driving, but by simply having “physical control” of the vehicle. Having "physical control" involves two factors: (A) that you were in the vehicle’s driver’s seat or that you were in possession of the ignition key, and (C) that you were either under the influence of alcohol or have tested over the legal limit. You can even be charged by simply having the car keys in your possession, but sitting in the back seat.


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How can police tell if a driver is drunk or drugged?

The Ohio State Highway Patrol (OSHP), Columbus Police Department, and other local law enforcement agencies are highly trained on identifying signs of potential DUI. Some of the common warning signs include: making wide turns; straddling along the central marker between the lanes; not obeying traffic signals; hitting either another vehicle or an object; weaving between lanes; driving off designated highway; or swerving within the lane lines, among others.


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Can I still be arrested for OVI if your BAC is below the legal limit?

Yes, but it depends on your level of impairment and if there was any injury to others or property damage. This is a judgment call for the law enforcement officer, as a blood alcohol content level below the legal limit is not necessarily illegal.


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Do I have the right to refuse to take a chemical test or field sobriety test?

You may refuse to take a blood, breath, or urine test, but you should be aware that additional penalties may apply. In the event of a refusal, your driver's license will be immediately suspended by the Ohio Bureau of Motor Vehicles. You can contest your driver's license suspension during a special hearing with your local BMV. Also note that the period in which your license is suspended depends on prior refusals to submit. This suspension is separate from your criminal trial.


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If I am not advised of my Miranda rights by the officer, can my case be dismissed?

Your case will likely not be dismissed for this reason. While police officers are required to advise you of the Miranda Warning, it does not have to take place until after an arrest is made. Although, it should be noted, that this obligation is sometimes overlooked by the arresting officer.


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Do certain cities within Ohio have stricter DUI laws than others?

Yes. Laws addressing OVI sentencing procedures are stricter in some Ohio municipalities than others, with these municipalities' laws having precedence over the state code. As an example, Columbus has a city code called a "lifetime look-back period," which means that any previous DUI offense will be considered in the sentencing process, regardless of how many years prior it actually took place.


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Do I have to pay for a consultation with an attorney?

No, the initial consultation with Joslyn Law Firm is free and confidential for individuals and families who are dealing with a pending criminal charge in Ohio.


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Will I go to jail for a DUI in Ohio?

This depends on the circumstances surrounding your arrest and your previous criminal history. For a first time offender with no prior criminal record, it is less likely that jail-time will be assigned, especially with an attorney to argue the case. On second or subsequent offenses, it becomes more probable, but an experienced attorney may be able to keep you out and find an alternative resolution to the maximum penalties.


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What will happen if I do not complete the classes or public service ordered by the Court?

You will go to jail and may face harsher penalties that would have been given for the conviction.


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Where is your office located?

Joslyn Law Firm is conveniently located for Central Ohio residents. Our address is:

905 S. High Street
Columbus, OH  43206

Proudly Recognized by Respected Legal Organizations

NACDA Top Ten Selection for Criminal Defense in Ohio NACDA Top Ten Selection for Criminal Defense in Ohio National Trial Lawyers Association Top 100 National Trial Lawyers Association Top 100 Member of the National Association of Criminal Defense Lawyers Member of the National Association of Criminal Defense Lawyers Better Business Bureau Accredited Business Better Business Bureau Accredited Business Nationally Ranked Superior DUI Attorney by the NAFDD Nationally Ranked Superior DUI Attorney by the NAFDD Member of the National College for DUI Defense Member of the National College for DUI Defense Member of the Federal Bar Association Member of the Federal Bar Association Superb Rating for Criminal Defense on Avvo Superb Rating for Criminal Defense on Avvo
Member of the Ohio Association of Criminal Defense Lawyers Member of the Ohio Association of Criminal Defense Lawyers Member of the American Bar Association Member of the American Bar Association Member of the National Police Accountability Project Member of the National Police Accountability Project Member of the National Organization for the Reform of Marijuana Laws Member of the National Organization for the Reform of Marijuana Laws Member of the DUI Defense Lawyers Association Member of the DUI Defense Lawyers Association Member of the American Association for Justice Member of the American Association for Justice