Facing Drunk Driving Charges Charges in Ohio or Northern Kentucky? Our DUI Lawyers Fight for Your Rights

Immediate Help After DUI/OVI Arrest in Cincinnati & West Chester

Being arrested for DUI/OVI in Cincinnati or West Chester can be overwhelming, but taking the right steps immediately after arrest is crucial for protecting your rights and building a strong defense. Alex Deardorff and Tad Brittingham provide immediate assistance and aggressive representation for all DUI/OVI charges throughout Southern Ohio and Northern Kentucky.

Critical Steps After DUI/OVI Arrest

1. Exercise Your Right to Remain Silent - Do not answer questions about drinking or driving
2. Request an Attorney Immediately - Say "I want to speak to my lawyer" clearly
3. Do Not Take Additional Tests - You have the right to refuse further testing
4. Contact The Law Offices of Steven R. Adams - Available 24/7 at (513) 929-9333
5. Document Everything - Write down details while your memory is fresh
6. Avoid Social Media - Do not post about your arrest or case

Why Immediate Action Matters: Ohio has strict deadlines for challenging administrative license suspensions. You have only 30 days to request an Administrative License Suspension hearing to protect your driving privileges.

DUI/OVI Charges We Defend in Cincinnati & West Chester

Understanding Ohio DUI/OVI Laws

In Ohio, DUI is called OVI (Operating a Vehicle Under the Influence). You can be charged with OVI for driving with a blood alcohol concentration (BAC) of .08% or higher, or while impaired by alcohol, drugs, or medication. Our experienced OVI attorneys defend all types of charges.

Types of DUI/OVI Charges We Handle

First-Time DUI/OVI Offense

• Standard First OVI: BAC .08% to .169%
• High Test OVI: BAC .17% or higher with enhanced penalties
• Drug DUI/OVI: Impairment by marijuana, cocaine, or prescription drugs
• Under 21 OVI: Zero tolerance laws for drivers under 21

Multiple DUI/OVI Offenses

Repeat DUI/OVI offenses carry significantly enhanced penalties:

• Second OVI within 10 years: Mandatory minimum 10 days jail, 1-5 years license suspension
• Third OVI within 10 years: Mandatory minimum 30 days jail, 2-10 years license suspension
• Fourth OVI within 20 years: Felony charge with 60 days to 1 year jail time
• Fifth OVI: Fourth-degree felony with 6-18 months prison

Aggravated DUI/OVI Charges

• OVI with Child Endangering: Minor under 18 in vehicle during OVI
• OVI Causing Injury: Vehicular assault charges
• OVI Causing Death: Vehicular homicide or aggravated vehicular homicide
• Commercial Driver OVI: CDL violations with .04% BAC threshold

Related Charges

• Physical Control: Being in physical control of vehicle while impaired
• Open Container Violations: Having open alcohol in vehicle
• Reckless Operation: Often negotiated down from OVI charges
• Drug Possession: Often charged alongside drug DUI

Ohio DUI/OVI Penalties and Consequences

Criminal Penalties for DUI/OVI in Ohio

Administrative License Suspension (ALS)

Ohio's implied consent law creates immediate license suspension:

• Breath/Blood Test Failure: 90 days to 1 year suspension
• Test Refusal: 1 year to 5 years suspension
• Commercial Drivers: 1 year CDL disqualification
• Under 21: 90 days to 2 years suspension

Long-Term Consequences of DUI/OVI Conviction

• Criminal Record: Permanent conviction on background checks
• Employment Impact: Loss of job opportunities, especially driving positions
• Insurance Consequences: SR-22 filing requirement and increased premiums
• Professional Licenses: Risk of suspension for doctors, lawyers, teachers
• Ignition Interlock: Required device for multiple offenses
• Driver Intervention Program: Mandatory alcohol education

Proven DUI/OVI Defense Strategies

Our Cincinnati and West Chester DUI attorneys use comprehensive defense strategies to challenge OVI charges and protect your rights. Every case is unique, and we thoroughly investigate all aspects of your arrest to identify the strongest defenses.

Constitutional Challenges

• Illegal Traffic Stop: Challenging lack of reasonable suspicion for the initial stop
• Fourth Amendment Violations: Unlawful search and seizure of evidence
• Fifth Amendment Violations: Miranda rights violations and coerced statements
• Due Process Violations: Improper arrest procedures or denial of counsel

Procedural Defenses

• Statute of Limitations: Delayed prosecution beyond legal time limits
• Chain of Custody: Breaks in evidence handling procedures
• Discovery Violations: Prosecution's failure to provide required evidence
• Speedy Trial Violations: Unreasonable delays in prosecution

Medical and Scientific Defenses

• Medical Conditions: GERD, diabetes, or other conditions affecting BAC
• Prescription Medications: Legal medications causing impairment symptoms
• Dental Work: Recent dental procedures affecting breath tests
• Diet and Lifestyle: Ketogenic diets or fasting affecting test results

Alternative Explanations

• Fatigue and Stress: Non-alcohol reasons for poor performance
• Physical Injuries: Medical conditions affecting field sobriety tests
• Weather Conditions: Environmental factors affecting test performance
• Rising BAC Defense: BAC below .08% while driving but above at time of test

Challenging Breath, Blood & Urine Tests in Ohio

Chemical testing is often the prosecution's strongest evidence in DUI/OVI cases, but these tests are far from infallible. Our experienced attorneys challenge breath, blood, and urine test results using proven scientific and legal strategies.

Breathalyzer Test Challenges

Ohio uses Intoxilyzer 8000 and BAC DataMaster machines, which have numerous potential problems:

• Calibration Issues: Machines must be properly calibrated and maintained
• Operator Error: Police must be properly trained and follow protocols
• Observation Period: 20-minute observation period often not properly conducted
• Medical Conditions: GERD, diabetes, dental issues affecting results
• Environmental Factors: Radio interference, temperature, humidity
• Mouth Alcohol: Recent alcohol consumption skewing results

Blood Test Challenges

• Chain of Custody: Proper handling and storage of blood samples
• Contamination: Improper collection or storage causing false results
• Fermentation: Blood samples fermenting and creating alcohol
• Lab Errors: Testing facility mistakes and quality control issues
• Forced Blood Draw: Constitutional challenges to warrantless blood draws

Urine Test Defense

• Accuracy Issues: Urine tests least reliable for determining impairment
• Collection Problems: Improper collection procedures
• Time Delays: Urine reflects past alcohol consumption, not current impairment
• Medical Conditions: Diabetes and other conditions affecting results

Expert Testimony

Our firm works with qualified experts including:

• Toxicology Experts: Challenge chemical test reliability and interpretation
• Medical Experts: Explain medical conditions affecting test results
• Accident Reconstruction: For cases involving accidents
• Forensic Experts: Challenge laboratory procedures and results

Field Sobriety Test Defense

Field sobriety tests are among the most commonly challenged aspects of DUI/OVI cases. Our attorneys have extensive experience exposing the unreliability of these so-called "standardized" tests and the many factors that can cause false failures.

Standardized Field Sobriety Tests (SFSTs)

Horizontal Gaze Nystagmus (HGN)

• Officer Training Issues: Police lack medical training to properly administer
• Medical Conditions: 86 different types of nystagmus unrelated to alcohol
• Environmental Factors: Darkness, flashing lights, weather conditions
• Proper Administration: Officers frequently fail to follow NHTSA protocols

Walk-and-Turn Test

• Physical Limitations: Age, weight, injuries affecting performance
• Improper Instructions: Officers often give confusing or incorrect instructions
• Environmental Conditions: Uneven surfaces, poor lighting, weather
• Failure Before Starting: Officers fail suspects before they even begin walking

One-Leg Stand Test

• Inherent Unfairness: Humans naturally balance on two legs, not one
• Medical Issues: Injuries, age, weight affecting balance
• Low Accuracy Rate: Only 65% accuracy according to NHTSA studies
• Subjective Scoring: Officers' subjective interpretation of "clues"

Non-Standardized Tests

Ohio courts have ruled that non-standardized tests are generally inadmissible:

• Alphabet Test: Reciting alphabet without scientific reliability
• Counting Tests: Counting backwards or by specific numbers
• Finger-to-Nose: No scientific basis for determining impairment
• Preliminary Breath Test (PBT): Generally inadmissible in Ohio courts

Why You Should Refuse Field Sobriety Tests

In Ohio, you have the absolute right to refuse field sobriety tests without penalty. Our attorneys strongly recommend refusing these unreliable tests because:

• No Legal Penalty: Refusal cannot be used against you in court
• Tests Are Designed to Fail: Even sober people frequently fail these tests
• Subjective Interpretation: Officers often predetermined to arrest regardless of performance
• Better Defense Strategy: Less evidence for prosecution to use against you

Protecting Your Driving Privileges

Losing your driver's license can be devastating to your career, family obligations, and daily life. Our Cincinnati and West Chester attorneys provide aggressive representation to protect your driving privileges through both criminal court proceedings and administrative license suspension hearings.

Administrative License Suspension (ALS) Defense

Ohio's implied consent law creates immediate license suspension, but you can challenge this suspension:

Grounds for ALS Appeal

• Improper Stop: Officer lacked reasonable suspicion for traffic stop
• Arrest Without Probable Cause: Insufficient evidence for arrest
• Test Refusal Issues: Officer failed to properly inform of consequences
• Medical Conditions: Medical reasons preventing accurate testing
• Equipment Problems: Breath test machine malfunctions or calibration issues

ALS Hearing Process

1. Request Hearing Within 30 Days: Critical deadline that cannot be missed
2. Stay of Suspension: Hearing request stays suspension until hearing date
3. Prepare Defense: Gather evidence and witness testimony for hearing
4. Administrative Hearing: Present evidence before BMV hearing officer
5. Appeal Options: Court appeals available if hearing unsuccessful

Restricted Driving Privileges

Even with license suspension, you may be eligible for limited driving privileges:

• Occupational Driving Privileges: For work-related driving
• Medical and Educational Driving: For essential appointments and school
• Ignition Interlock License: Immediate driving with interlock device
• Work Release Programs: Alternatives to license suspension

Commercial Driver's License (CDL) Protection

CDL holders face unique challenges with DUI/OVI charges:

• Lower BAC Threshold: .04% BAC limit for commercial drivers
• Automatic Disqualification: 1 year CDL suspension for first offense
• Career Impact: Potential loss of livelihood and employment
• Out-of-State Issues: Complications with multi-state licensing

Frequently Asked Questions About DUI/OVI in Ohio

For more answers to DUI/OVI questions, visit our comprehensive criminal defense FAQ page or read our educational resources about avoiding critical mistakes during police investigations.