Cleveland DUI / OVI Attorney

How Our Cleveland DUI Defense Attorneys Fight OVI Charges

Another question we get: “I was drinking, how can I possibly fight my Cleveland OVI charge?” While we at Patituce & Associates do not consider our defense strategies basic by any stretch of the imagination, even the most basic strategies can help our clients receive the results they deserve.

There are many different avenues to challenge an OVI:

• We can challenge the reason you were stopped. A lot of the time, especially in cases where there is a dash camera, we analyze the footage to see why a defendant was stopped. Sometimes, allegations of the arresting officer are not visibly apparent and thus can be challenged. If the stop is bad, everything after the stop is bad.
• We can challenge the reason the arresting officer removed a defendant from the vehicle to perform standard field sobriety testing. If there was no reasonable suspicion to remove a defendant from a vehicle, then everything after the wrongful removal is bad as well.
• We can challenge the field sobriety test results. Ohio universally recognizes the NHTSA standards as to how the field sobriety tests should be administered. If the tests aren’t administered correctly, it can impact the way a defendant performs those tests.
• We can challenge chemical test results, whether it be a blood, breath, or urine sample. There are strict procedures for handling samples; if the blood or urine sample is mishandled in any way, the test results are void.

Cleveland DUI Defense Attorneys Must Examine the Breath Test Machine

We are shocked that there are OVI attorneys who don’t go to the police station and review breath test logs. Our attorneys once witnessed another lawyer, a seasoned ex‑police officer, plea their client to a first‑offense DUI at the arraignment. This attorney did not go to the police station and did not review the records.

What was outrageous was that we had a case out of the same police station and knew, because we had examined the records, that the machine was defective. The result? Our client agreed to reckless operation and received a $50 fine plus court costs. They got their license back that day. The other attorney’s client? They received 3 days in jail and 3 days at a driving class.

Tailoring Our Approach to Our Clients’ Needs

We are not a plea factory. Many DUI lawyers will take clients and work out a quick plea deal. This approach has given defense lawyers a bad name. We advocate aggressively for our clients, tailoring our approach to their needs. Some clients want us to work out the best deal as fast as possible; others want us to challenge the evidence and attempt to secure an acquittal. It depends on the client’s situation.

If you have a job that requires driving or a clean criminal record, you might need to fight the charges. Our Cleveland DUI lawyers understand that.

What Happens If I’m Arrested for OVI in Ohio?

If you are lawfully arrested for OVI, two processes take place. The first (the administrative process) determines if your driver’s license gets suspended. The second (the criminal process) determines if you’re guilty of a crime, with all the penalties implied therein.

Upon a lawful OVI arrest, a police officer may request you take a chemical test to determine your blood or breath alcohol level. If it’s at or above 0.08, or if you refuse to provide a sample for analysis, the officer can immediately seize your driver’s license and suspend your driving privileges. To reinstate your driving privileges after an administrative suspension, you must:

• Serve the suspension period
• Pay the reinstatement fee
• Provide proof of insurance

What Is the OVI Court Process?

After your arrest, you’ll be arraigned. During this proceeding, a judge explains the charge brought against you and potentially sets a bail amount. At the arraignment, the judge will ask you to enter a plea. If you plead guilty, you will be convicted of the offense. Entering a not‑guilty plea means your case will proceed, and you’ll have the opportunity to challenge the prosecutor’s accusations.

The next stage in the criminal process is a pretrial hearing. Your attorney will meet with the prosecutor and present facts/evidence to counter their case. Depending on the specifics of your case, the prosecutor may offer a plea deal. Most cases are settled during a pretrial hearing.

What Is an Ignition Interlock Device?

An IID is similar to a breathalyzer. You are required to breathe into the device to start your vehicle. If your blood alcohol content (BAC) is above .02 percent, the vehicle will not start. Furthermore, the IID also requires random tests while the vehicle is in motion. If the device detects alcohol, a company that monitors the IID will be notified of the failed result. IID violation can lead to license suspension for a longer period or a jail sentence. Installation fees cost between $200 and $300, while monthly maintenance costs between $100 and $200.

Penalties for Driving Under the Influence in Ohio

Ohio drunk driving laws have been among the toughest in the country since the early 1990s. You will lose your license if you are convicted of OVI in Ohio.

How long your license is revoked depends on the severity and details of your arrest:

• First OVI: At least 3 days in jail or a 3‑day alcohol abuse program. Fine up to $1,075.
• Second OVI: Jail sentence of 10 days to 6 months or a combination of penalties. Fines up to $1,625.
• Third OVI: 30 days to 1 year in jail; if BAC ≥ 0.17%, minimum 60 days. Fine up to $2,500 and license loss 2–10 years.
• Fourth OVI: Up to 5 years in jail and a $10,000 fine; potential permanent license loss.
• Fifth OVI or More: Significant penalties — call for consultation.

How Long Will an OVI Stay on My Record?

Being charged with an OVI is serious. If you’re convicted, the information will stay on your criminal record forever. Ohio has a 10‑year look‑back period for OVI offenses. This means that if you are convicted of a second OVI within 10 years of your first, the penalties for your second offense will be more severe. Each OVI remains on your permanent record and can enhance penalties for future offenses.

DUIs & CDL Disqualification in Ohio

Many of our clients are individuals who own and operate commercial vehicles. Without a CDL, they are unable to work or function normally. If you have a CDL and are charged with an OVI/DUI, you need to speak with a Cleveland DUI attorney immediately. It is important to hire a criminal defense lawyer who knows how to both defend a DUI and protect your CDL. The Cleveland DUI attorneys at Patituce & Associates, LLC have handled a wide range of cases with success.

How Can a DUI Lawyer in Cleveland Help You?

Having an experienced Ohio criminal defense lawyer by your side is critical for ensuring that your rights and future are protected. Our attorneys will:

• Examine your case
• Collect evidence
• Provide you with objective legal guidance
• Offer emotional support
• Answer all of your questions
• Help you gain a favorable outcome
• Represent you in court

Don’t go through the repercussions of a DUI by yourself — let our experienced DUI lawyers in Cleveland help protect you and your future. Contact our attorneys today to schedule a free consultation and learn more about how we can help you.

Contact Our Cleveland DUI Attorney Today

As a Cleveland, Ohio DUI attorney, it would be my privilege to talk to you about your case. It is important that you speak with a lawyer fast if you have been charged with these crimes because facing a judge alone and entering a poor plea, or hiring a lawyer who does not understand DUI defense, can have lasting negative results in your case.

We offer a free consultation to all of our clients who have been arrested for OVI. Simply call (440) 771-1175 today to speak with our Cleveland DUI lawyers!