Ohio DUI and OVI: What You Should Know After an Arrest

Getting arrested for driving under the influence can be a stressful experience. You may be worried about your driver's license, your job, your insurance, or whether you could end up in jail.

In Ohio, what many people call a DUI or DWI is generally referred to as an OVI, or Operating a Vehicle Under the Influence of Alcohol or Drugs of Abuse. Ohio OVI cases can be based on an allegation of impairment, a chemical test result, or both.

The circumstances surrounding the traffic stop and arrest can make a major difference in how a case is handled. Understanding the process can help you make informed decisions after an OVI arrest.

What Is an OVI in Ohio?

An OVI charge generally involves an allegation that a person operated a vehicle while under the influence of alcohol, drugs, or a combination of both.

Ohio recognizes different ways the state can pursue an OVI case. One common distinction is between OVI Impaired and OVI Per Se.

An OVI Impaired allegation focuses on whether the person's ability to operate the vehicle was impaired by alcohol or drugs.

An OVI Per Se case, on the other hand, is generally based on a chemical test showing an alcohol or drug concentration at or above a legal limit.

A person can face both allegations in connection with the same arrest. That does not necessarily mean separate punishments will be imposed for each theory.

What Happens After an Ohio OVI Arrest?

After an OVI arrest, there may be several separate issues to deal with.

You may have:

• A criminal charge
• A driver's license suspension
• A court appearance
• Chemical testing evidence
• Field sobriety test evidence
• Police reports and body-camera footage
• Questions about whether the traffic stop was lawful

These issues do not always rise or fall together.

For example, a driver's license suspension can create immediate problems even before the criminal case is resolved. That is one reason it is important to understand both the administrative and criminal sides of an OVI case.

Does an OVI Always Require a Breath Test?

No.

An OVI Impaired charge does not necessarily depend on a chemical test. The state may rely on other evidence to argue that a person was impaired, including observations made by an officer and other circumstances surrounding the traffic stop.

Chemical testing can provide additional evidence, but the absence of a breath, blood, or urine test does not automatically mean an OVI case disappears.

The specific evidence available in the case matters.

What Is an OVI Per Se?

An OVI Per Se case is generally based on a chemical test showing a concentration at or above the applicable legal limit.

The type of test can matter. Ohio OVI cases may involve breath, blood, or urine testing, and different legal limits can apply depending on the circumstances.

A test result is important evidence, but it is still reasonable to examine how the test was obtained and whether the applicable procedures were followed.

Questions may include:

• How was the sample collected?
• What type of test was used?
• Was the equipment properly maintained?
• Was the testing performed according to applicable procedures?
• Was the timing of the test relevant?
• Are there inconsistencies in the documentation?

These questions can become important when evaluating an OVI case.

Can You Lose Your License After an OVI Arrest?

A license suspension can be one of the most immediate concerns following an OVI arrest.

Ohio has administrative suspension rules that can apply when a driver refuses certain chemical testing or tests at or above an applicable limit. The existing Attorney Adam Burke OVI page notes that testing over the limit and refusing a test can result in automatic license suspensions.

The length and consequences of a suspension can depend on factors such as the circumstances of the test, prior refusals, and the person's OVI history.

Because driving privileges can affect work and everyday responsibilities, it is important to understand what suspension applies to your particular situation.

What Are the Penalties for an OVI in Ohio?

The potential consequences depend on the specific offense and the person's history.

Factors that can affect the potential penalties include:

• Whether it is a first OVI offense
• Prior OVI convictions
• Prior chemical-test refusals
• The chemical test result
• Whether the alleged offense involves a higher test level
• Whether aggravating circumstances are present
• Whether the charge is a misdemeanor or felony

Possible consequences can include fines, jail or an approved intervention program, license suspension, and other court requirements. Repeat offenses can carry substantially more serious consequences than a first offense.

For that reason, it is difficult to determine the likely outcome of an OVI case simply by looking at the charge name.

What Is a High-Test OVI?

A higher chemical-test result can lead to enhanced consequences under Ohio law.

The distinction between an ordinary test result and a higher result can affect the minimum penalties that may apply following a conviction. The existing OVI information on Attorney Adam Burke's website explains that certain higher breath-test results can result in increased minimum penalties.

If you received a chemical-test result that was significantly above the applicable limit, it is worth discussing the result and the testing process with an attorney.

What About Refusing a Chemical Test?

Chemical-test refusal can create a complicated situation.

Refusing a test may result in an administrative license suspension, and the consequences can differ from those associated with testing over the legal limit. At the same time, refusal does not necessarily prevent the state from pursuing an OVI Impaired allegation based on other evidence.

Because there are legal consequences associated with both testing and refusal, there is no universal answer that applies to every driver.

The best approach is to understand what happened in your particular case and what evidence the state has.

Can an OVI Charge Be Reduced?

Not every OVI case ends with an OVI conviction.

Depending on the circumstances, a defense attorney may evaluate whether there are weaknesses in the state's evidence or whether another resolution is possible.

Potential issues can include:

• The reason for the traffic stop
• The circumstances of the arrest
• Field sobriety testing
• Chemical testing
• The accuracy or reliability of evidence
• Whether proper procedures were followed
• Problems with witness testimony
• Prior OVI history

In some cases, negotiations may result in a different charge or another resolution. However, the possible outcome depends on the individual facts and should never be guaranteed.

Why the Traffic Stop Matters

An OVI case does not necessarily begin when the driver takes a breath test. It may begin much earlier, with the traffic stop itself.

An attorney may examine why the officer stopped the vehicle and what happened afterward.

For example, the case may raise questions about:

• The reason for the stop
• The officer's observations
• Statements made by the driver
• Field sobriety testing
• The decision to make an arrest
• The collection of chemical-test evidence

If there is a legal problem at an earlier stage of the investigation, it may affect evidence used later in the case.

What Should You Do After an OVI Arrest?

The days following an OVI arrest can be confusing, but a few practical steps can help.

Keep Your Documents

Keep your citation, court paperwork, license-suspension documents, and any other paperwork you received.

Do Not Ignore Court Dates

Make sure you understand when and where you are required to appear.

Be Careful About Discussing Your Case

Avoid posting detailed information about the arrest on social media. Public posts can sometimes create unnecessary problems.

Preserve Relevant Information

If you have photographs, messages, receipts, witness information, or other records that may relate to the incident, keep them.

Consider Speaking With an OVI Attorney

An attorney can review the circumstances of the arrest and explain the potential consequences based on the facts of your case.

Frequently Asked Questions About Ohio DUI and OVI

Is DUI called OVI in Ohio?

Yes. Ohio generally uses the term OVI, which stands for Operating a Vehicle Under the Influence of Alcohol or Drugs of Abuse.

Can I be charged with an OVI without taking a breath test?

Yes. An OVI Impaired allegation can be based on evidence of impairment and does not necessarily require a chemical-test result.

What happens if I refuse a breath test in Ohio?

Refusing a chemical test can result in an administrative license suspension. The consequences depend on the circumstances and your previous history.

Can I lose my license after a first OVI?

A first OVI can involve a driver's license suspension. The length and specific requirements depend on the circumstances of the case and applicable Ohio law.

Is a first OVI a felony in Ohio?

A first OVI is generally a misdemeanor, although repeat offenses and certain circumstances can result in felony charges.

Can an OVI charge be dismissed?

It is possible for some OVI cases to be dismissed, but there is no guaranteed outcome. The possibility depends on the evidence, legal issues, and circumstances of the individual case.

Do I need an attorney for an OVI?

You have the right to make your own decisions about legal representation. However, an OVI can involve both criminal consequences and driver's license issues, so speaking with an attorney can help you understand your options.

What if my OVI involved prescription or illegal drugs rather than alcohol?

Ohio OVI law can apply to impairment involving drugs as well as alcohol. The evidence and legal issues can be different depending on the substance involved and the circumstances of the case.

Can an OVI affect my ability to drive to work?

Potentially. A driver's license suspension or restrictions can make transportation difficult and may affect work or other responsibilities. The specific driving privileges available depend on the circumstances.

What should I do if I was recently arrested for OVI in Columbus?

Take the charge seriously, keep your paperwork, pay attention to court and license-related deadlines, and consider speaking with a Columbus OVI defense attorney about the specific facts of your case.

Talk to a Columbus OVI Defense Attorney

An Ohio OVI case can involve more than simply determining whether a driver was over the legal alcohol limit. The traffic stop, field sobriety testing, chemical testing, license suspension, prior history, and other evidence can all play a role.

If you have been arrested for DUI/OVI in Columbus, Ohio, Attorney Adam Burke handles OVI and criminal defense matters and offers consultations to discuss the circumstances of your case.

Call (614) 280-9122 to discuss your case.

This article is for general informational purposes only and is not legal advice. Ohio OVI laws and individual cases can vary. Speak with a qualified Ohio attorney about your specific circumstances.