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.
- Do you have to be driving a vehicle to be convicted of DUI?
- How can police tell if a driver is drunk or drugged
- Can you still be convicted of DUI if your BAC is below the legal limit?
- Do you have the right to refuse sobriety tests?
- If I am not advised of my Miranda rights by the officer, can my case be dismissed?
- Do certain cities within Ohio have stricter DUI laws than others?
- Do I have to pay for a consultation?
- Will I go to jail for a DUI?
- What will happen if I do not complete the classes or public service ordered by the Court?
- Where is your office located?
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.
How can police tell if a driver is drunk or drugged?
The Ohio State Highway Patrol (OSHP), Cincinnati 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.
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.
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.
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.
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, Cincinnati 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.
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.
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.
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.
Where is your office located?
Joslyn Law Firm is conveniently located for Central Ohio residents. Our address is:905 S. High Street
Cincinnati, OH 43206