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Cincinnati DUI Defense

Drinking and driving–we all know we shouldn’t do it, but that doesn’t mean we always abstain. When we drink and drive, even if it is just one beer, one glass of wine, or one cocktail, we put ourselves at risk. A DUI/OVI charge does not discriminate–it can happen to anyone at any time, and if you do not have the right legal representation helping you through it, the charge can take quite a toll on your financial security and your general well being.

Anyone can make a mistake, but you don’t want that mistake to affect you and your family for a lifetime. DUI/OVI charges can have a severe impact on your life. The possible penalties include fines, increased insurance rates, mandatory incarceration in jail, or a driver’s intervention program, your freedom, and the suspension of your driver’s license. An experienced DUI attorney can help defend your driving privileges and hopefully keep you out of jail, but you need to call them ASAP.

Make The Farrish Law Firm, L.P.A. Your First Call

We are aggressive, successful, communicative DUI defense attorneys and we are here to help you. We know how fast this type of charge can change your life. That is why we are available to you and your family 24/7. If you have been pulled over in the Cincinnati area, from Butler County to Northern Kentucky, and the officer suspects you have been drinking and driving, make Kelly Farrish your first call. Our defense attorneys at The Farrish Law Firm, L.P.A. bring aggressive DUI/OVI representation and decades of combined experience together to provide our clients with the exceptional defense that they deserve.

At The Farrish Law Firm, L.P.A., our DUI defense lawyers offer preeminent DUI/OVI defense for the residents of the following counties: Butler County, Warren County, Clermont County, Hamilton County, and more. Attorney Kelly Farrish is recognized as one of the top DUI/OVI defense attorneys in the Cincinnati area.

Don’t know if you should drive? Calculate your BLOOD ALCOHOL LEVEL here.

What Does It Mean To Be Charged With a DUI?

If you have been arrested for a DUI charge of operating a vehicle under the influence of alcohol or drugs, you were likely charged under Ohio Revised Code section 4511.19(A), which prohibits any person from operating “any vehicle, streetcar, or trackless trolley within this state” if while operating the vehicle, the person:

  • Is under the influence of alcohol, a drug of abuse, or a combination of them;
  • Has a concentration of 0.08% and less than 0.17% by weight per unit volume of alcohol in the person’s whole blood;
  • Has a concentration of 0.096% to 0.204% by weight per unit volume of alcohol in the person’s blood serum/plasma;
  • Has a BAC of 0.08% to 0.17% when given a breath test;
  • Has an alcohol concentration of more than 0.11 grams but less than 0.238 grams in urine;
  • Has a BAC of 0.17% when blood is tested;
  • Has a blood serum/plasma BAC of 0.204%;
  • Has a concentration of 0.17 grams or more by weight of alcohol per 210 liters of the person’s breath;
  • Has a concentration of 0.238 grams or more by weight of alcohol per 100 mL of the person’s urine; or
  • Has a concentration of any of the following controlled substances in the person’s whole blood, blood serum or plasma, or urine that equals or exceeds any of the following:
    1. Amphetamines = 500 nanograms per mL in urine or 100 nanograms per ML in blood/plasma;
    2. Cocaine = 150 nanograms per mL in urine or 50 nanograms per mL in blood/plasma;
    3. Heroin = 2,000 nanograms per mL in urine or 50 nanograms per mL in blood/plasma;
    4. S.D. = 25 nanograms per mL in urine or 10 nanograms per mL in blood/plasma; or
    5. Marijuana = 10 nanograms per mL in urine or 2 nanograms per mL in blood/plasma.

More On DUI Laws

What To Expect When Facing A DUI?

  • You must immediately surrender your driver’s license and will have it suspended until a period prescribed by law. There is a 90-day suspension if you blow in a breathalyzer, one year if you refuse to blow. The judge may also do a public safety suspension, if the Administrative License Suspension does not survive, for some reason.
  • You will face an arraignment which is a criminal proceeding where you enter your plea of “guilty,” “not guilty,” or “no contest.”
  • A qualified defense attorney will conduct discovery to learn all of the information that will be used against you by the prosecution, and your attorney may move to suppress some of the evidence so that it cannot be used in trial.
  • Your attorney may also be able to have your license suspension lifted or have the court grant you limited driving privileges.
  • Your attorney may also succeed in getting the charges reduced or even dropped. The attorney may find holes in the prosecution’s case against you, prove that the arresting officer violated your rights during the arrest, or undermine the arresting officer’s testimony.
  • If you are convicted of the DUI charge, you could face penalties including jail or prison time, a driver’s intervention program, fines and court costs, alcohol or drug treatment programs, driver’s license suspension, limited driving privileges, a certified ignition interlock device installed in your vehicle, vehicle impoundment or forfeiture, and other penalties.
    • The potential severity of these penalties make it extremely crucial for you to hire an experienced and qualified defense attorney to help reduce any penalties or have the charges dropped.

What Are The Types of Ohio DUI Charges?

DUI-Know-Your-Limits

Additional Penalties

In addition to the above-mentioned penalties, the state may:

More On DUI Penalties

What Happens If It Is My First DUI Offense?

  • A 1st offense DUI charge in Ohio is a first-degree misdemeanor for operating a vehicle under the influence under O.R.C. 4511.19(G)(1)(a).
  • The court must sentence you to a mandatory jail term of three consecutive days (72 hours) with an option to impose a longer jail term of up to six (6) months under O.R.C. 4511.19(G)(1)(a)(i).
  • However, under the same section, the court may choose to suspend the mandatory three-day jail term if the court places you under a community control sanction pursuant to O.R.C. 2929.25, and requires you to attend, for three (3) consecutive days, a drivers’ intervention program certified under O.R.C. 5119.38.
  • The court may also choose to divide up the mandatory 72 hours between a drivers’ intervention program and jail.
  • The court may also require you to attend and satisfactorily complete any treatment or education programs that comply with the minimum standards adopted pursuant to Chapter 5119 of the Ohio Revised Code, as well as any other conditions of community control that the court considers necessary.
  • Your driver’s license will be suspended for a period of one to three years.
    • The court may grant limited driving privileges under O.R.C. sections 4510.021 and 4510.13 for: (1) occupational, educational, vocational, or medical purposes; (2) taking the driver’s or commercial driver’s license examination; (3) attending court-ordered treatment; (4) any other purpose the court determines to be appropriate or attending any court proceeding related to the offense for which the offender’s suspension was imposed; or (5) transporting a minor to a child care provider, daycare, preschool, school, or to any other location for purposes of receiving child care.
    • However, the court may choose to reduce the suspension by half by granting unlimited driving privileges, with a certified ignition interlock device, to a first-time offender under section 4510.022. If the court grants unlimited driving privileges, it must also suspend any jail term imposed.
    • If unlimited driving privileges are granted by the court, you will be required to display restricted license plates, issued under O.R.C. 4503.231, on your vehicle.
  • Fines for first offense DUI arrests range between $375 and $1,075, which will be in addition to the $475 reinstatement fee to have your driver’s license reinstated after your suspension is over.

What Happens If It Is My Second DUI Offense?

  • If this is your 2nd DUI arrest within ten years, your offense will be a first-degree misdemeanor under O.R.C. 4511.19(G)(1)(b).
  • You will be sentenced to a mandatory jail term of ten (10) consecutive days, unless the court instead imposes a sentence consisting of both a jail term and a term of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The court may also impose an additional jail term, with the cumulative jail term imposed for the offense not to exceed six months.
  • You will be ordered by the court to be assessed by a community addiction services provider, authorized by O.R.C. section 5119.21, and you will be required to follow the treatment recommendations of the services provider.
  • Your license will be suspended for a period of one to seven years.
    • The court may grant limited driving privileges pursuant to O.R.C. sections 4510.021 and 4510.13.
  • If the vehicle is registered in your name, it will be impounded for ninety (90) days in accordance with O.R.C. section 4503.233, and the license plates of that vehicle will also be impounded for 90 days.
  • Fines for second offense DUI arrests range between $525 and $1,625, in addition to the $475 reinstatement fee to have your driver’s license reinstated after your suspension is over.

What Happens If It Is My Third DUI Offense?

  • If this is your 3rd offense within ten years, your offense will be an unclassified misdemeanor under O.R.C. 4511.19(G)(1)(c).
  • You will be sentenced to a mandatory jail term of thirty (30) consecutive days unless the court instead imposes a sentence consisting of both a jail term and a term of house arrest. The court may also impose an additional jail term not to exceed one year.
  • You will also be ordered to participate with a community addiction services provider and must follow the mandatory treatment recommendations of that services provider.
  • Your driver’s license will be suspended for two to twelve years unless the court chooses to grant limited driving privileges under O.R.C. section 4510.021 and 4510.13.
  • The court may also choose to reduce the minimum driver’s license suspension to 1 year.
  • If the vehicle is registered in your name’s, it will be criminally forfeited.
  • Fines for third-degree DUI arrests range between $850 and $2,750, in addition to the $475 reinstatement fee to have your driver’s license reinstated after your suspension is over.

Fourth or Fifth DUI Charge in a 10-year period, OR Sixth DUI Offense in 20 year period

  • If this is your 4th or 5th DUI offense in 10 years, OR if it is your 6th DUI offense in 20 years, you will be charged with a fourth-degree felony DUI charge under O.R.C. 4511.19(G)(1)(d).
  • You will be sentenced to a mandatory jail term of at least 60 days and up to 1 year in local incarceration, OR the court may choose to sentence you to 60 days in prison, with an option to add an additional 6 to 30 months in prison to your sentence.
  • If you are sentenced to the mandatory term of local incarceration, the court may also choose to impose a term of house arrest with electronic monitoring that will commence after you have served your mandatory term of local incarceration.
  • You will be ordered to attend a mandatory alcohol/drug addiction program with an authorized community addiction services provider.
  • You will receive a Class 2 license suspension of your driver’s license for a period of 3 years to life, but the court may choose to grant limited driving privileges relative to the suspension pursuant to O.R.C. sections 4510.021 and 4510.13.
  • If the vehicle you were driving is registered in your name, it will be forfeited.
  • Fines for a fourth-degree felony DUI arrest range between $1,350 and $10,500, in addition to the $475 reinstatement fee to have your driver’s license reinstated if your suspension is not permanent.

What Happens If I’m Charged with  A Third Degree Felony DUI Charge?

  • If you have previously been convicted of or pleaded guilty to a felony DUI offense at any time in your life, the DUI offense will be charged as a third-degree felony DUI charge under O.R.C. 4511.19(G)(1)(e).
  • You will be sentenced to a mandatory prison term of 60 days up to 26 months in prison.
  • You will be ordered to attend a mandatory alcohol/drug addiction program with an authorized community addiction services provider.
  • You will receive a Class 2 license suspension of your driver’s license for a period of 3 years to life, but the court may choose to grant limited driving privileges relative to the suspension pursuant to O.R.C. sections 4510.021 and 4510.13.
  • If the vehicle you were driving is registered in your name, it will be forfeited.
  • Fines for a third-degree felony DUI arrest range between $1,350 and $10,500, in addition to the $475 reinstatement fee to have your driver’s license reinstated if your license suspension is not permanent.

What Happens If I’m Underage and I’m Charged With A DUI?

  • If you were younger than 21 when you were charged with a DUI, you were likely charged under O.R.C. 4511.19(B), which prohibits any person under 21 years of age from operating any vehicle, streetcar, or trackless trolley in Ohio, if you had a blood alcohol concentration of at least 0.02% but less than 0.08%.
  • If your blood alcohol concentration was 0.08% or higher, you will likely instead be charged under O.R.C. 4511.19(A).
  • If First DUI Arrest as a Minor, it is a fourth-degree misdemeanor, and you will receive:
    • 0 to 30 days in jail; unless the court chooses to grant unlimited driving privileges to you;
    • A fine of $0 to $250;
    • A possible order to attend an alcohol treatment program; and
    • A Class 6 driver’s license suspension for a period of 90 days to 2 years, unless the court chooses to reduce the suspension by half by granting unlimited driving privileges.
  • However, if this is your Second or More DUI Arrest in a Year, it will be a third-degree misdemeanor and you will receive:
    • 0 to 60 days in jail;
    • A fine of $0 to $500;
    • A possible order to attend an alcohol treatment program; and
    • A Class 4 driver’s license suspension for a period of 1 to 5 years.

Complicating Factors

  • In addition to these penalties and charges for DUI arrests, you may be subject to stricter penalties if:
    • The amount of alcohol in your system was particularly high
    • You injured or killed anyone while driving under the influence
    • You refuse to take a blood, breath, or chemical test.

Physical Control of Vehicle While Under the Influence

  • Even if you were not actually operating the vehicle at the time you were charged with being under the influence, you can still be charged with having physical control of vehicle under O.R.C. 4511.194.
    • R.C. 4511.194(A)(2) defines “physical control” as “being in the driver’s position of the front seat of a vehicle or in the driver’s position of a streetcar or trackless trolley and having possession of the vehicle’s, streetcar’s, or trackless trolley’s ignition key or other ignition device.”
    • You will be considered to be under the influence if your whole blood, blood serum or plasma, breath, or urine contains at least the concentration of alcohol or controlled substances listed in O.R.C. section 4511.19.
  • Under O.R.C. 4511.194(D), the offense will be a first-degree misdemeanor.
  • You could be sentenced to 0 to 180 days in jail.
  • In addition to other possible sanctions, the court may choose to impose a Class 7 driver’s license suspension.

Can You Win a DUI Case?

  • Winning a DUI case can take several different forms:
    • The DUI charges are dropped or your case is dismissed, which means that nothing will go on your record and it will be as if you had never been arrested in the first place.
    • You are acquitted, or found “not guilty”, meaning that you are able to walk away free, without any penalties.
    • Your DUI charges are reduced. This may be from your lawyer negotiating a plea deal with the prosecutor, where you plead guilty in exchange for your charges being reduced or to receive a more lenient sentence with lighter penalties.

DUI Defense Strategies

Winning A DUI Case

  • A thorough defense attorney can sometimes uncover issues with a case, such as exposing other factors that contributed to the accident or other person’s injury, exposing problems with the prosecutor’s case such as faulty alcohol testing by the arresting officer or technicians, or other evidentiary or procedural problems.
  • A defense attorney can help you to potentially avoid penalties such as jail or prison time, license suspension, higher fines, and other possible penalties.
  • To win a DUI case, your attorney can first make sure that the prosecution has not failed to set forth the essential elements of your DUI offense in your traffic citation, namely that (1) you were “operating” (2) a vehicle (3) in the state of Ohio.
  • Your attorney can argue various defenses and objections based on defects or problems in the institution of the prosecution or based on defects or problems in your traffic citation itself.

What Are Steps To Take After a DUI Charge?

  • Your first court appearance after your DUI arrest is called an arraignment and is where you first enter a plea of either “not guilty” which admits nothing, “guilty” which admits guilt to the crime charged and will result in the same effect as a conviction, or “no contest” (nolo contendere) which admits that the facts charged are true but does not admit that those facts constitute guilt to the crime charged.
  • It is important to demand a jury in a DUI/OVI matter to preserve your right to a jury trial.
  • Your attorney can also file an appeal or request a stay of your administrative license suspension that automatically begins at the start of almost every DUI case. Your attorney can challenge the suspension and possibly restore driving privileges to you based on such methods as the police officer not having “reasonable grounds” to believe that you were driving under the influence, failing to ask you to take a chemical test, not informing you of the consequences of refusing to take the test, confiscating your license even though you did not actually refuse to submit to the chemical test, or if the chemical test does not show substance concentrations in excess of the legal limit.
  • Your attorney can also seek to have your vehicle released from impound or stored in a different location to avoid the impoundment fees from adding up.
  • Your defense attorney should seek to obtain limited driving privileges during your suspension period, after the period of total ineligibility for driving privileges is over. The court will look at the facts of your case, your driving record, whether your license is otherwise valid and whether you have proper registration, insurance, etc.
    • Typically, if your attorney successfully obtains limiting driving privileges for you, those privileges will allow you to drive to work, medical appointments, and similarly vital activities.
    • You may or may not be required to display restricted license plates on your car during this period or use a certified ignition interlock device.
  • Your attorney should also demand “discovery” to obtain information from the prosecution and discover what information the prosecutor knows.
    • This may require interviewing witnesses, examining the scene, consulting with various experts, obtaining official records, and interviewing the technicians that conducted any chemical tests.
    • Common items to be requested in discovery by your attorney include:
      • Witnesses’ contact information;
      • Witness statements – written or recorded;
      • Statements by the defendant – written or recorded;
      • Copy of your driving record;
      • Copy of your criminal record;
      • Police reports;
      • Results of scientific tests – breath, blood, urine analysis results;
      • Records relating to tests, including maintenance records, instrument test records, or other documents; and
      • Expert witness reports
    • Suppressing Information: Your attorney can also make motions to suppress various information from being used against you at trial. Common grounds for suppression include:
      • The officer that pulled you over lacked the appropriate grounds to do so (i.e. you had not violated any laws);
      • The officer did not have reasonable suspicion of your intoxication when he asked you to perform the roadside field sobriety tests;
      • Your sobriety test results are inadmissible because the tests were not correctly administered by the officer;
      • The office lacked probable cause to arrest you;
      • The results of your chemical tests were inadmissible because they were not administered correctly according to the department of health regulations; or
      • Statements obtained by the officer were obtained in violation of your right to refuse to incriminate yourself.

DUI Court Procedures

What Is The DUI Legal Process in Ohio?

  • First, the process began with your DUI arrest, whether you were pulled over, tested after an accident, or caught in a roadblock. Once you were arrested, you were processed at the police station and likely booked in jail until your arraignment where you have the opportunity to make a plea and post bail, if required. During this period, you were likely given a chemical test to test your system for the presence of alcohol or drugs, and your driver’s license was taken from you by the arresting officer, at which point you will have an administrative suspension even before the trial.
  • Following your arrest, you should hire a DUI defense lawyer as soon as possible, and if you cannot afford an attorney, you may be assigned a public defender to represent you for free. Getting your DUI charge dismissed or receiving lighter penalties depends heavily on your hiring an experienced and qualified DUI defense attorney as soon as possible after your arrest.
  • Your driver’s license was administratively suspended automatically after your arrest, but your attorney can fight this and seek to lift the suspension or try to have limited or unlimited driving privileges granted to you.
  • At your arraignment, you will officially enter your plea of “guilty,” “not guilty,” or “no contest.” Generally, your attorney will likely advise you not to plead guilty at this time since they will not have had time to negotiate with the prosecutor to obtain a better deal for you. The judge will also decide whether or not to require you to post bail to be released until your trial.
  • Ideally, your DUI case will be resolved before the trial itself. Your attorney will have all of the information and evidence that the prosecution has against you, and your lawyer will be able to see if there are any weaknesses in the case such as whether the police violated any of your rights during your arrest. Your lawyer may be able to use any weaknesses in the case to either have the charges against you dropped or reduced, or to negotiate a good plea deal for you with lighter penalties.
  • However, if your case goes to trial, either because the prosecution refused to offer a good plea bargain or because your attorney believes the case against you is weak, it can be risky. Your attorney must convince the jury to acquit you and find you not guilty of the DUI offense or else you will be convicted and sentenced by the judge. It is important that the burden of proving the charge beyond a reasonable doubt of trial lies solely with the state.

What If I Refuse a DUI Test?

As DUI defense lawyers, one of the most common questions we are asked is, “Should I take the field sobriety tests?” We will almost always answer with a resounding, “No.” If you have been pulled over and the police officer suspects you have been drinking and driving, you are not required by law to blow into the breath testing machine at the station. Be polite with the officers, though.

  • Refusing a DUI test has consequences because Ohio law states that by driving, you have given implied consent to submit to blood alcohol tests if ordered to take one by a police officer.
  • If you refuse the DUI test, your penalties will likely be stiffer and potentially add a higher fine and a longer driver’s license suspension.
  • Most importantly, you can still be arrested for a DUI even without taking the test. If the officer fails to inform you of the consequences, your attorney may be able to argue against the refusal charge. You may request a blood test instead of a breath test.
  • Generally, it is advisable to speak with an attorney before submitting to a breath, blood or urine test.

Many people call us right after they have been pulled over, unsure of whether or not they should cooperate with the field sobriety tests. We ask them a few questions:

  1. How many drinks have you had tonight? Do you know what one drink is? One drink equals 12 ounces of domestic beer, 1 ounce of 100 proof liquor, or 4 ounces of table wine. When you’ve had one craft beer, how many drinks is that actually? Most “drinks” actually add up to be more than one. Local bars and restaurants typically over pour.
  1. How long has it been since your first drink? You can calculate what your BAC may be based on your weight, your amount of drinks, and the time span of those drinks. You can subtract .01 percent for each hour of drinking after the first hour.

Check out our “Know Your Limits” chart for more information about how to calculate your BAC.

What If I Refuse To Submit For A Blood Alcohol Content Test?

In Ohio, we can challenge the calibration of breath testing machines, but we cannot challenge the science behind the breath-testing machine.  Therefore, if you are at or below the legal limit, you should blow into the machine. If you don’t know whether or not you are at the legal limit or not, you should refuse to take the test.  Officers may indicate that they are trying to assist individuals by giving them the breath test or exaggerate about license suspensions.

It is critical for people to contact our office so we can speak to them regarding whether or not to take the test and clarify what actual suspensions do exist.  A first OVI in Ohio carries with it only a 15-day hard suspension and a 90-day Administrative License Suspension. For more information about penalties and suspensions, read the chart above.

If you are a commercial driver’s license carrier, this refusal can affect more than your ability to drive; it can affect your livelihood. CDL drivers cannot refuse the test and if convicted of an OVI/DUI will lose their license.

DUI and Other Charges (i.e. drugs)

  • If you have been arrested for driving under the influence of charges, the penalties will be the same as an alcohol DUI.
  • To be guilty of driving under the influence of drugs, you must have had a concentration of any of the following controlled substances in your whole blood, blood serum or plasma, or urine that equaled or exceeded any of the following:
    • Amphetamines = 500 nanograms per mL in urine or 100 nanograms per mL in blood/plasma;
    • Cocaine = 150 nanograms per mL in urine or 50 nanograms per mL in blood/plasma;
    • Heroin = 2,000 nanograms per mL in urine or 50 nanograms per mL in blood/plasma;
    • Marijuana = 10 nanograms per mL in urine or 2 nanograms per mL in blood/plasma.

Evidence And Is Jail Likely In A DUI Case?

  • Immediately following your arrest, you will likely be booked into the county jail at least overnight or until your arraignment where you will make your plea. You may be released without bail, or be required to post bail, depending on your criminal record and other factors considered by the judge at your arraignment.
  • If you are convicted of your DUI offense, there will likely be jail time, or even prison time if you were convicted of a felony DUI offense.
    • If this is your first-time offense, you could be sentenced to as little as 3 days in jail or as much as 6 months. Your attorney may be able to have your potential jail time reduced or eliminated. Generally, any jail time will be served in the county jail. Ohio law also allows judges to substituted driver’s intervention programs for mandatory jail time.
    • However, if you were convicted of a felony DUI charge, either because this was your fourth or more DUI offense, or because injuries or death resulted from your driving under the influence, you may be sentenced to serve more than a year in the state prison.

Consequences of Ohio DUI/OVI Conviction

How Much Will My DUI Cost?

  • Depending on which level of offense you are charged with, your costs will include fines, court assessments (fixed fees related to the cost of processing your case) paid only if you are convicted of the DUI offense, sentence-related costs for alcohol or drug treatment programs, reinstatement fees for your driver’s license, impoundment fees for your car, ignition interlock devices for your car, or any other court-ordered expense, and attorney’s fees.
  • O.R.C. 4511.19(G)(7) requires you to provide the court with proof of financial responsibility as defined under O.R.C. 4509.01. In other words, you must prove to the court, that you have insurance coverage that meets the minimum liability coverage requirements of the state. If you cannot prove financial responsibility, your license can be suspended for 6 months, in addition to other suspensions, and to get privileges you will need to submit an SR-22 form to the Ohio Bureau of Motor Vehicles, that you have insurance coverage that meets the minimum liability coverage requirements as required under O.R.C. 4509.51.
  • If you fail to provide the court with proof of financial responsibility, your license will be suspended and you can be fined up to $5,000 for any economic loss arising from an accident or collision resulting from your operation of the vehicle before, during, or after committing the DUI offense for which you have been sentenced.

What Happens if My DUI Caused An Accident?

  • If there has been an accident and you were charged with driving under the influence, you will likely be faulted with the accident and charged.

What If My DUI Caused A Death or Injury of Myself or a Victim?

  • If your DUI charge results from an accident caused by you, in addition to your penalties for the DUI, you will be liable for any injuries caused to others and for the damage done to their vehicle.
  • Any person injured as a result of your DUI could also sue you for damages arising from the accident.
  • If an accident occurred as a result of your DUI offense and caused injury or damage, you could also receive stiffer penalties from the judge when deciding fines and possible jail time. If you injured someone in an accident, it is likely that the judge will learn toward issuing a stiffer sentence.
  • Finally, a DUI that caused an injury or death can cause you to be charged with additional crimes. Aggravated vehicular homicide, negligent vehicular homicide, aggravated vehicular assault and vehicular assault are possible consequences of such an accident.

Will I Lose My License Due to a DUI and How to Have it Reinstated?

  • You will likely have your driver’s license suspended, at least for a short time.
  • You will face three potential types of license suspension:
    • Administrative suspension: In Ohio, your driver’s license will be automatically suspended after your DUI arrest. However, your attorney may be able to act quickly and stop the administrative suspension.
    • Full Suspension: If you are convicted of your DUI offense or if you plead guilty, your license will be suspended or revoked, depending on the level of offense and the judge’s discretion. You will be unable to drive at all unless your attorney is able to have the judge grant you limited or unlimited driving privileges.
    • Limited Driving Privileges: If the court grants you limited driving privileges, you will generally be allowed to drive to and from work, to and from alcohol treatment, and a few other limited purposes such as to take your children to and from school.
  • To have your license reinstated, you will have to provide proof of financial responsibility insurance and pay reinstatement fees.
  • To be fully reinstated, you will have to pay a $475 reinstatement fee to the Ohio Bureau of Motor Vehicles and prove financial responsibility.
  • You do not need an SR-22 for every or even most DUI cases.

Additional Resources

Drug-Related DUI – Muscle Relaxers

Arrested for a DUI in Blue Ash, Ohio

What do I do if I’ve been charged with a DUI in West Chester, Ohio?

10 DUI Tips

What to do When Your Car is Towed After a DUI

What is Sleep Driving? Ambien-Related DUIs

Felony DUI/OVI Defense

DUI Defense in Mason, OH