OVI/DUI/DWI

Columbus Ohio DUI OVI Lawyer and Criminal Defense Attorney

Were you pulled over on your way home from work, a concert, a night out with friends, or following a campus sporting event? If you have been charged with a DUI OVI or drunk driving do not panic. I am an experienced DUI lawyer in Columbus Ohio and an experienced criminal defense attorney. I can help make sense of your charges and protect your rights.

Police and prosecutors take OVI DUI DWI or drunk driving charges very seriously. In Columbus and throughout Ohio, if police officers have reasonable suspicion to believe you are driving while under the influence of drugs or alcohol or drinking and driving, they can administer field sobriety tests (FST) approved by the National Highway Traffic Safety Administration (NHTSA). The FSTs are used by police to assist in determining whether an individual is impaired, or may be drinking and driving. The FSTs are not scientific by any means, but are recognized and accepted in a court of law to support probable cause for an OVI DUI DWI or drunk driving arrest if the police substantially complied with the standards.

If police have probable cause to believe you are driving while under the influence of drugs and/or alcohol or drinking and driving, they can ask you to submit to a breathalyzer test or a test of your blood or urine. The law in Ohio states that individuals give their implied consent to a breathalyzer test or a chemical test of their blood or urine by a police officer who has probable cause to believe they are driving while under the influence of drugs and/or alcohol, or drinking and driving.

Ohio Breathalyzer Tests

A breathalyzer test is the most common means of testing used by police. Breath testing is performed using a breathalyzer machine. If your breath-alcohol level is at least eight-hundredths (.08) of one gram by weight of alcohol breath-alcohol, you will be arrested and charged with a per se violation of Ohio Revised Code Section 4511.19, which means that you are considered to be under the influence of alcohol strictly and inherently. If your breath-alcohol level is under eight-hundredths (.08) of one gram by weight of alcohol breath-alcohol, you will not be charged with a per se violation, but you can still be charged with OVI (also known as DUI ) if there is other sufficient evidence that you were driving while impaired.

If you refuse to submit to a request by police to submit to the FSTs or a test of your breath, blood or urine, you will be arrested for a DUI or OVI. If you refuse a request to submit to a breathalyzer test or a chemical test or fail a breathalyzer test or a chemical test of your breath, blood or urine, a mandatory administrative driver's license suspension (ALS) will be imposed by the Bureau of Motor Vehicles (BMV). The term of the ALS differs depending on whether you refused the chemical test or failed the chemical test. If you refused the chemical test, the ALS remains in place regardless of whether you are subsequently acquitted of the OVI charge. If you failed the chemical test, a subsequent DUI conviction will terminate a BMV imposed ALS suspension, and you will receive a credit against the court imposed suspension for all ALS suspension time incurred up to the date of conviction.

UPDATE: Ohio Supreme Court Opinion affects those who refuse a breathalyzer on their 2nd, 3rd or multiple OVI or DUI stops.

Administrative License Suspension Terms for OVI DUI DWI Offenses

A sample of ALS terms is as follows:

Failure of Breathalyzer Test Chemical Test - Ohio Revised Code Section 4511.191(C)

If you are convicted of an OVI/DUI/DWI offense, penalties can be severe. A sample of OVI/DUI/DWI penalties is as follows:

DUI OVI Penalties - Ohio Revised Code Section 4511.19

If you are facing a DUI OVI DWI charge in Columbus Ohio or throughout Ohio, contact me, attorney Michael S. Probst. As a former prosecutor and criminal defense attorney with nearly a decade of criminal law experience, I have handled numerous DUI OVI DWI cases. I am a DUI lawyer in Columbus and I also handle DUI and drunk driving cases in counties such as Franklin County, Delaware County, Union County, Pickaway County, Madison County, Fairfield County and in cities such as Upper Arlington, Worthington, Westerville, Dublin, Grandview and Marysville.

I offer a free consultation to discuss your case. To contact my law office in Columbus, Ohio, call 866-491-5517, or contact a Columbus DUI Attorney here.

You Are Not Alone

Believe it or not, more people are arrested for drinking and driving and other alcohol-related offenses than any other criminal charge. Prosecutors take OVI and DUI cases seriously, but there are defenses to drunk driving charges. I am an experienced criminal defense attorney and I know many ways to help clients protect their rights and minimize negative consequences that may arise from a drunk driving arrest.

A Criminal Defense Tailored to Meet Your Needs

An OVI ( DUI ) conviction can have a serious effect on a person's employment and career and may directly affect their livelihood. A DUI OVI DWI conviction also carries both an embarrassing and negative public and social stigma, which can directly affect a person's involvement in political and charitable organizations. Under Ohio law, DUI and OVI convictions can not be expunged from a person's criminal record. If you have been arrested for OVI (operating a vehicle under the influence), DUI (driving under the influence) or DWI (driving while intoxicated), I can provide an experienced and vigorous defense on your behalf. I will tailor your defense to meet your individualized needs and objectives.

I understand that some clients want to fight their charges at trial and other clients simply want a fair plea agreement that will limit their exposure to adverse penalties and do the most to protect their record and their driver's license. I will take the time necessary to understand and implement your goals and objectives.

Contact Me

To contact me click on an Ohio OVI DUI defense lawyer in Columbus, practicing in Central Ohio, or call me at 866-491-5517.