Calling us for a free consultation is the first step in defending yourself from these often life-altering charges. Our firm includes former prosecutors and a Board-Certified Criminal Trial Attorney, and because the stakes are high, we recommend speaking with a DUI attorney before your first court date.

This is a fair, and important, question. When going to a doctor, you want to know what your odds of a full recovery are. It makes perfect sense that with so much on the line, you want to know what is the likelihood that we can win your DUI case.

During our first call, we are gathering information. When we begin to work on your case, we gain insights into your case.

The good news is, when we have gathered all of the evidence, and taken into consideration who the judge is, what jurisdiction you are in, who the officer is, and who the prosecutor is, we can then give you an opinion on what can happen. In fact, we will give you advice on whether you should take a plea or take the matter to trial.

After your arrest, the officer will tell you when to appear for your first court date, and we can often get clients excused from it. Pleading not guilty at your arraignment is important. For the full court process, see our DUI page.

We start by examining why the officer stopped you, what the officer observed at your car door, and how the field sobriety and chemical tests were given and processed. Details are on our DUI Defense Strategies page.

Ohio has two legal limits. Testing over 0.08 but under 0.17 carries a mandatory minimum of 3 days in jail, and testing over 0.17 carries a mandatory minimum of 6 days. Failing either test can also lead to a license suspension of up to three years. See our DUI Penalties page for details.

In Ohio, there are different charges related to driving while under the influence. One charge is for taking a breath test and having a result of 0.08 or over. This is what is referred to as a per se limit.

Ohio lawmakers have decided that having a blood alcohol concentration of 0.08 or above should be a criminal offense. Additionally, there is a separate charge for just driving under the influence.

If you take a breath test and blow under 0.08, a law enforcement officer can still charge you with a DUI if they feel that you were under the influence of alcohol at the time you were driving, even if you were not at or over the per se limit.

Many people struggle with the overwhelming pressure they face when they have been charged with a DUI or OVI. People typically fall into one of two camps when it comes to hiring an attorney: deciding whether they should fight their case, or just throw themselves to the mercy of the court.

After speaking with one of our experienced attorneys, almost everyone realizes there is only one choice: hire an OVI offense attorney.

On DUI cases in Ohio – even for a first offense – there are certain mandatory penalties that you cannot escape. Jail, driver’s license suspension, points on your license, and party plates, just to name a few.

If you go to your arraignment and enter a plea of guilty, you will be confined for 3 days, 6 days, or 180 days, depending on your type of case. With an attorney, you can fight and potentially avoid these penalties.

Recently, we sat in court and watched people enter pleas of no contest and beg the judge for mercy. Even when judges are truly kind people, they simply have no choice due to how the laws are written.

Even if you are a physician who blew over the second legal limit can be sentenced to 3 days in jail and ordered to spend 3 days in a confined driver education course. Teachers who refuse the breath test can be sentenced to spend 6 days in jail.

It is difficult to have a DUI reduced to a reckless operation, but it is not impossible. Many attorneys make the mistake of simply going into the first hearing and begging for a reduced charge.

When this happens, prosecutors will typically dig their feet in and refuse to offer a reduced charge. In fact, many courts will refuse to allow a reduction if the case is not handled properly.

So how does a lawyer get your OVI / DUI charges reduced to a reckless operation? Experience and preparation are two of the main keys involved but it goes beyond that.

In order to obtain a reduction of a DUI to a reckless operation charge, you must demonstrate that not only are you a person who deserves a lesser charge, but that there is some flaw in your DUI case that will make it difficult for the prosecutor to win. We’re skilled at finding those flaws.

This is a subject that we spend extra attention to because it is one of the top questions our clients ask us when they call, and it is a completely justifiable question to ask.

Money is important to everyone. Throughout this website, we have dedicated a lot of time to answering questions relating to how we can help protect you from all of the horrible consequences associated with a DUI/OVI conviction.

As former prosecutors, we have been on both sides of the issue—and both sides of the courtroom.

The costs associated with a DUI include:

• Attorney Fees
  We know attorneys who have practiced in this area for decades and charge $10,000 for their representation. We also know of other attorneys who only charge $750 for representation of a DUI. We are somewhere in the middle. All of our attorneys are former prosecutors, and we bring the best defense we believe you can afford for the price we charge. As a practical matter, we only charge flat fees in DUI cases because we believe that allows us two things. (1) It allows us the certainty of knowing how much we will receive in a case, and (2) it allows us to properly defend you without worrying about running the clock up at our hourly rate. We make it a point to work with clients to reach payment plans in certain cases.
• Court Costs & Fines
  In Ohio, the fines for an OVI conviction are up to $1,075 for a first offense, and they go up into the tens of thousands from there, depending on your type of offense. As for court costs, each individual court is different. Some courts charge more for certain aspects of the case than others. Talk to your attorney about costs and fines since it could possibly be thousands of dollars. If you win your case you would not pay fines or court costs.
• Driving Privileges
  We make it a priority to preserve the driving privileges of our clients. Without the ability to drive to work, you could lose your job. If you have to pay someone to drive you or take public transportation while your case is pending, you could spend thousands of dollars and lose countless hours commuting.
• Insurance Costs, Points on Your License
  Most people, and even some attorneys, do not know this, but a DUI conviction carries with it a mandatory 6 points on your license. If you are under the age of 21, you are going to be required to acquire high-risk insurance at an incredibly high cost. Even if you are of age at the time of your arrest, if you pick up 6 points on your license, your insurance is going to go up by a considerable amount.

In most cases, an Ohio DUI / OVI cannot be expunged, so it can follow you for life. Read more in our article, Can a Criminal Record Be Expunged After a DUI in Ohio?

One of the most common mistakes people make in their OVI case is going into court alone, without an attorney, and trying to explain their case to the judge. Most people do this because they believe that if they enter a plea of guilty or no contest that the judge can reduce their DUI charges. This is completely false and often leads to an individual going to jail, rather than home, that day. The second mistake is going with an attorney who does not devote a large portion of their practice to DUI defense. One way to determine if you are dealing with such an attorney is in what they charge. Do they charge incredibly low rates compared to other attorneys ($750)?

The right attorney can make all of the difference in your DUI / OVI case.

If you make the right choice to hire an attorney who devotes a major portion of their practice to DUI defense, your attorney can be all the difference between a positive result and the other alternatives. For instance, many people and attorneys do not know that one of the major breath-testing instruments (the Intox. 8000) is a breath-testing machine that is being defeated all over the state. We have beat it in at least six different municipal courts. Most people, and many attorneys, believe that if you fail a breath test, there is no hope for your case. If that was true we would not be in this business and would not have the strong reputation that we have.

Often, attorneys can rattle off technical terms that normal people have no idea what they mean. One of the most important terms that you need to know, aside from dismissal, is the term discovery in your DUI case.

Discovery is the process under Criminal Rule 16 where we force the government to give us all of the evidence that hurts your case and helps your case. The prosecution is not allowed to hide material from your attorney. We obtain the police report, a crash report in accident cases, and blood /breath/urine test results. If you performed field sobriety tests we obtain those test results. If there were witnesses or a 911 call, we also obtain that.

Once we obtain all of the evidence that we believe we are entitled to receive, we begin the process of reviewing and analyzing it. Just because a police officer says that you were intoxicated does not mean you were. We can tell you that you would be shocked at the number of times the facts did not match the police report. If you took a breath, urine, or blood test, we go to the source of that test. If it is a breath-testing machine, we analyze it with our experts. Same thing for blood and urine testing. We actually go to the lab.

After the discovery process has been completed we file, if appropriate for your case, what is called a motion to suppress evidence. In this motion, we request that the court throw out any evidence that was not properly collected and ultimately your entire case.

No, it will not. Unlike a prior DUI conviction within the past six years, a prior conviction for physical control will not enhance the penalties on your current DUI. For the full list of first-offense penalties, see our DUI Penalties page.

We find it surprising how often a defense based on the police officer’s failure to properly give our clients their Miranda warnings actually comes up. First, what is a Miranda warning? Most people know that you need to be told you have the right to remain silent and have an attorney represent you. However, most people do not realize how important it is to have a Cleveland DUI attorney representing them from the very moment they come in contact with the police. Miranda applies to the moment you are in custody.

What is custody? Custody can be when you have handcuffs placed on you, or when you are no longer free to leave. The point at which you are no longer free to leave is very important to your case because if the police question you after custody has happened nothing you say should be used against you unless you are given the proper warnings. Unfortunately, many attorneys overlook this very important aspect of DUI defense.

In a recent example, we successfully defended a young professional who was pulled over for allegedly making a right turn on red. The officer took the woman and placed her in his cruiser. At this point, he began to interrogate her regarding how much alcohol she had consumed. At first, she denied consuming any alcohol, however, after a few moments she relented and admitted to having a drink. Because she was in custody, and because she was not given the warnings, the judge threw out every piece of evidence that was obtained from that point forward. This means the field sobriety tests, the admission to drinking, and the breath test.

That is why it is so important to know your rights and to invoke them.

In Ohio, a super-BAC OVI is charged when a test result is over the second legal limit of 0.17. These charges carry mandatory jail, party plates, and an ignition interlock device. Contact an experienced DUI attorney right away.

There are a few options that you have regarding clearing up your warrant for DUI and handling your case. Hiring a Cleveland DUI / OVI defense attorney will ensure that your matter is handled properly and effectively. Your attorney can file a Motion to Withdraw Capias with the court, asking the court to lift your warrant. Most courts will schedule a hearing and will not lift the warrant until after the hearing. Your attorney can also file a motion with the court asking the court to allow your attorney to appear at the hearing on your behalf.

If the court grants the Motion to Conduct Hearing in Absentia, your presence will be excused from the hearing. Once your warrant is lifted, your attorney will have the opportunity to speak to the prosecutor regarding your underlying charge. Your first court hearing for DUI would most likely be scheduled after your warrant has been handled. Depending on the court, if your attorney has worked out your case with the prosecutor, the court may allow your attorney to enter a plea on your behalf, requiring a signed affidavit from the Defendant.

You should consult with an attorney prior to entering a no contest plea to an OVI charge. Hiring an attorney will ensure that your rights are protected and that your case is handled properly. If you are convicted of a first-offense OVI, you are facing a minimum of three days in jail (up to six months). Your attorney can advocate to the judge for you to complete a three-day Driver Intervention Program in lieu of serving three days in jail. If you are charged with OVI and convicted, your driver’s license could be suspended for a minimum of six months, up to a maximum of three years. The court may also order you to pay a fine between $375.00 and $1,075.

Many of our clients have immediate needs that need to be resolved quickly after a DUI arrest. For some, the most immediate concern is their license. The facts determine when you can receive driving privileges. For example, if this is your first DUI offense, you may be eligible for driving privileges 15 days after your arrest. If you have one or more prior DUI convictions, you may be looking at a longer wait. An experienced DUI attorney can determine the earliest day you are eligible for driving privileges and help to ensure you receive them.

For other clients, their employer is breathing down their neck, and they want to resolve the case quickly. It is important to remember, however, that moving quickly may not be in your best interests. The best outcome in your case is often reached only through a diligent review of the evidence and a fierce defense of your rights. Moving your case too quickly through the system may result in key facts being overlooked. Mistakes can adversely affect your defense and leave you with life-long consequences. This is a situation in which you want the best possible representation, not just the fastest possible conclusion. We can help ensure your case is handled in a professional, timely manner while fighting to protect your rights.

Another important issue that may not be on your mind, but should be on the mind of any attorney you hire, is the time limits associated with motions to suppress. A motion to suppress can be filed to challenge the evidence the state intends to use it against you. Although it is not appropriate in all cases, it might be in yours. If it is appropriate, it must be filed within certain time limits. We can ensure all necessary and appropriate motions are filed in your case on time. No matter how quickly you want your case to be behind you, the first and most important thing you need to do is contact an experienced DUI / OVI attorney in Cleveland.

Further questions on this topic?

• Why Is My DUI Case Set For A Motion to Suppress Hearing?

Driving privileges depend on the facts of your case. On a first-offense failed breath test, you generally cannot get privileges until 15 days after arrest, and after a refusal, 30 days. Courts differ, and an attorney familiar with your court can help you get privileges sooner. See our License Suspension page.

Most states do not immediately recognize an Ohio suspension, but an Ohio conviction can trigger harsher penalties in your home state. Speak with a DUI attorney before you plead. More details are on our DUI page.

Your first hearing is the arraignment, and you should have an attorney in place before it. Important filings protect your license, driving privileges, vehicle, and evidence. Pleading not guilty is usually the right starting point until you have spoken with a lawyer.

Ohio law requires the officer to take your license and begin an administrative license suspension, even on a first offense. A failed test generally results in a 90-day suspension, and a refusal in a one-year suspension. See our License Suspension page for details.

We find that one of the major concerns for our clients is whether or not they will lose their jobs. This is common sense and a realistic worry, especially in an economy where good jobs are scarce. The first simple fact is that most people will not lose their jobs as a result of an arrest; however, there are complications with a DUI arrest and a failed test or a refusal that require an attorney to perform expert and delicate work.

The immediate loss of your driving privileges can will likely cause problems with your job. We can help with that. As for losing your job after a conviction, that is on an employer-by-employer basis. However, there are several types of jobs where having a DUI conviction can cause trouble: teachers, doctors, nurses, truck drivers with a CDL, police officers, and those serving in the military. We work diligently to protect our clients not just from the impact of a DUI arrest, but we also work to protect you from what may happen if you are convicted.

Have more questions about DUI affecting employment?

• How Can an OVI Affect Employment?
• Do I Have to Tell My Boss About My DUI Arrest?

We take on many clients who are doctors, dentists, nurses, and other medical professionals. Each of these professional groups has their own licensing boards, but they all have the same general problem when it comes to an OVI arrest and potential conviction. If you are a doctor, dentist, nurse or other licensed professional, OVI convictions can cost you your medical license. While it is rare for an OVI conviction to result in a permanent loss of your ability to practice medicine, it can certainly impact you greatly. Because of this, it is incredibly important that you retain the services of a skilled OVI defense attorney as soon as possible.

Read more about this on our blog: How Will a DUI Conviction Affect My Nursing License?

Ohio's implied consent law means refusing a chemical test triggers a one-year administrative license suspension, and the mandatory minimum jail requirements increase even for a first offense. A refusal can also make the case harder for the prosecution to prove. A skilled DUI attorney can use it in your defense. See our Breath Tests page.

Breath test results can be challenged in several ways, including the machine's calibration and maintenance, the testing procedures, and the science behind the result. Learn more on our Breath Tests page.

Many people who fail or refuse a breath test are told there is nothing to be done. That is often not true. A lawyer can review the stop, the testing, and the evidence before you decide how to plead.

A first-offense DUI carries mandatory penalties, including possible jail, a license suspension, points on your license, party plates, and an ignition interlock device. Fines can be up to $1,075. See our DUI Penalties page for the full list.

Some people, rightfully, worry that hiring an attorney might not be a good idea or that hiring a less expensive attorney might be safer. When defending yourself against drunk driving allegations, you get what you pay for.

Let us share with you a lesson that we witnessed a client learn.

Recently, we received a call from a young professional who picked up a DUI charge after leaving a company-related function. He was treating clients to food and drinks while landing a rather large contract. After he left the restaurant, he was stopped and charged with a DUI. He knew his employer wanted him to land the client, but he also knew his employer had a zero-tolerance policy regarding DUI offenses, and he drives a lot for work.

So what happened? The client called several attorneys and went with the low-cost option; someone who had been a police officer but became an attorney later on. He figured the attorney had been an officer and was now an attorney so the low-cost option seemed like a good idea. Fast forward several months and nothing positive happened with his case, he decided to stop by our office. We met with him, reviewed his case, and we were personally horrified to learn that nothing had happened in his case.

There were no motions demanding discovery, no dash cam videos in the file-nothing. There was a note that the prosecutor was offering six days in jail, the minimum for the offense. The client did not need an attorney for that…he could obtain that result himself. Fortunately, we took the case over.

We obtained the discovery, we obtained the videos, and we obtained the video from the breath test room where he supposedly refused to take the test. The video showed us that he did not refuse. So his minimum penalty, in 10 minutes of work, went from 6 days in jail to a 3-day driving class. We did not stop there, we talked to the prosecutor and judge about what had transpired with the former attorney, and with our review of the evidence the prosecutor agreed to offer a reckless operation charge-a significant reduction.

The lesson is that low-cost defense is not worth it.
DUI defense that starts at $750.00 is just a waste of money. Call around and see what people charge; do not be afraid to shop. It’s your life and you pay for what you get.

When choosing a DUI attorney, ask how much of their practice is devoted to DUI defense, how many DUI cases they have taken to trial or successfully challenged, and what their background is. See our questions to ask before hiring a DUI defense attorney section.

Even in the legal system, people can be wrong-including judges. What do you do if you disagree with a judge’s decision? Nothing, unless you choose to appeal your DUI case. In our system, the Court of Appeals is set up to hear cases that center on whether or not the trial judge made the right decision. In a DUI, almost all of these appeals center on whether or not the judge made the right decision in the suppression hearing. DUI appeals can be successful if it goes through the right way. Then the Court of Appeals orders the trial court, or judge, to make the right decision on your case. Typically, in a DUI case, this means the evidence is thrown out.

An officer must have reasonable suspicion or probable cause before pulling you over. During the stop, you must provide your name, driver's license, registration, and proof of insurance. You have the right to remain silent beyond that. You do not have to answer whether you had anything to drink or where you are coming from.

You may refuse a request to search your vehicle unless the officer has a warrant or probable cause. If an officer violated your rights during the stop, a DUI attorney can use that violation in your defense. For more on field sobriety tests and chemical tests, see our Cleveland DUI Lawyer page.

Depending on the charges and your history, you may be eligible for bail, which is a payment that ensures you return for your court dates. You will receive formal notice of the charges against you. Because deadlines to protect your license and driving privileges start quickly, contact a DUI attorney as soon as you can.

• Driver Intervention Program (DIP): On a first offense, a judge may allow a three-day program in place of three days in jail.
• Ignition interlock device: In some cases, an interlock allows limited driving while a suspension is in effect. You pay for installation and monitoring.
• Limited driving privileges: A petition can allow driving for specific purposes, such as work or treatment.

Your attorney can tell you which options are realistic in your court.

• DUI education or treatment programs: Driver intervention programs, classes, and counseling carry their own fees.
• Expert witness fees: When a defense requires a toxicologist or other expert to challenge test results, the expert is paid for their time.
• Evaluations and drug testing: If the court orders a psychological evaluation or drug testing, you pay for it.
• Court costs: Each court sets its own costs, which can grow with multiple appearances.

Ask any attorney for a written estimate of the costs in your case before you commit.