Drunk Driving Defense: Your Allies In Ohio OVI Law

At Rittgers Rittgers & Nakajima, we educate people who seek our counsel on the gravity of being charged with a drunk driving offense. With over 200 combined years of legal experience, our attorneys are dedicated to serving individuals facing OVI/DWI/DUI charges throughout Oxford and Butler counties in Ohio, as well as in Kentucky. We have a deep understanding of criminal defense that has been honed over three decades, with success in high-profile cases and recognition by our peers. Our team is committed to providing detailed attention to every case, ensuring that we fully understand you and your background to effectively advocate on your behalf.

OVI, DWI and DUI are terms that refer to the offense of operating a vehicle under the influence of alcohol or drugs. In Ohio, OVI (Operating a Vehicle Impaired) is the standard term used, while DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are more commonly used in other states. While the acronyms vary, they all represent serious charges that can have significant consequences.

What Are The Common DUI Charges In Ohio?

The following summaries of common drunk driving charges in Ohio give a glimpse at the nuances that we help people confront when charged with OVI, DWI or DUI.

First Offense

A first OVI offense can lead to fines, license suspension and other consequences, even if it’s your first encounter with the law.

Second Offense

A second offense carries heavier fines, a longer license suspension and possible jail time, reflecting the increased severity of a repeat violation.

Third Offense

A third OVI offense is even more serious and may be classified as a felony, resulting in harsher penalties, including extended jail time.

Felony DUI/OVI

This is typically charged when someone has multiple OVI offenses within a set period or causes serious harm while driving under the influence.

Administrative License Suspension

This immediate penalty can occur if you fail or refuse a chemical test, leading to a suspension of your driving privileges.

DUI Or OVI Involving Marijuana

Operating a vehicle under the influence of marijuana can lead to OVI charges, with penalties similar to alcohol-related OVI.

Drugged Driving Or DUID

Driving under the influence of drugs, legal or illegal, can result in an OVI charge.

DUI Involving Prescription Drugs

Even legally prescribed medications can lead to an OVI charge if they impair your ability to drive.

Breathalyzer Test

A breathalyzer test measures your blood alcohol content (BAC), and the results can be a critical piece of evidence in an OVI case.

Refusal To Submit To Test

Refusing to take a chemical test can result in an automatic license suspension under Ohio’s implied consent law.

Underage OVI (OVUAC)

Operating a vehicle after underage consumption (OVUAC) targets drivers under the age of 21 who have a BAC of .02% or more but less than .08%.

What Are Penalties For OVI Convictions In Ohio?

The penalties for an OVI conviction can vary greatly depending on the circumstances of the offense and the individual’s history. They can include:

• Fines
• License suspension
• Jail time
• Mandatory treatment programs

We work aggressively to minimize these penalties, understanding that each client’s situation is unique.

License Suspension And Revocation

Losing your driving privileges can disrupt your life significantly. We strive to protect your ability to drive whenever possible, whether through fighting for limited driving privileges or contesting the suspension itself.

What If This Is My Second Or Third DUI In Ohio?

Facing a second or third OVI charge in Ohio raises the stakes considerably. We are prepared to handle these complex cases with the aim of reducing their impact on your life and future.

Underage Drinking Consequences

The ramifications of an underage drinking conviction can be far-reaching, impacting your college career and future opportunities. From suspension and expulsion to the loss of scholarships, the consequences are serious. Employment prospects can also be affected, and at Miami University, there is a strict policy against underage drinking, with escalating repercussions for multiple offenses.

What Are The Penalties For Underage Drinking?

In Oxford, Ohio, the penalties for underage drinking are serious and can have long-lasting consequences, especially for college students. A conviction can lead to:

• Suspension from college or university
• Expulsion and the possibility of revoked degrees
• Mandatory disciplinary hearings and potential code of conduct violations
• Loss of financial assistance, including athletic scholarships

Such a mark on a student’s record can hinder future employment opportunities and may be considered in the hiring process. Miami University, along with other institutions, often has a multi-strike policy that can escalate the severity of the repercussions with each offense.

Diversion Programs

Diversion programs offer an alternative to traditional criminal justice prosecution for eligible individuals, such as first-time offenders facing underage drinking charges. Successful completion of a diversion program can result in the dismissal of charges, helping individuals avoid the long-term consequences of a conviction. These programs often include education, community service and other rehabilitative measures designed to address the underlying issues related to alcohol use.

How Can An Ohio Underage Drinking Lawyer Help Me?

An experienced Ohio underage drinking lawyer can provide invaluable assistance by:

• Explaining your legal rights and the charges against you
• Negotiating with prosecutors to potentially reduce or dismiss charges
• Representing you in court and at university disciplinary hearings
• Advising on the possibility and process of expungement, if eligible

Get legal advice that is appropriate to your age and stage in life. At Rittgers Rittgers & Nakajima, we are proud of our strong track record with young people charged with drunk driving and similar offenses.

Breathalyzer Tests, Blood Tests And Urine Samples

Most people understand that they will be charged with OVI if they blow a blood alcohol content (BAC) of .08% or higher. However, you can also get charged with an OVI if you are found to have exceeded the following through tests other than the breathalyzer:

• .11 of one gram or more by weight of alcohol per 100 milliliters of urine
• .08 of one percent or more by weight of alcohol in the person’s blood

It is important to note that you can be charged with OVI while simply impaired with alcohol (which could occur even if you are not over the legal limit) or impaired with or over the legal limit for drugs.

Mandatory Minimum Jail Sentences And Other Penalties

A conviction for operating a vehicle under the influence of alcohol or drugs (OVI) carries with it criminal punishment and many collateral consequences. Formerly known as DUI, or driving under the influence, a conviction for OVI brings with it:

• Mandatory minimum jail sentences
• Expensive fines
• A driver’s license suspension
• Treatment classes
• Points on your license
• Probation

Mandatory minimum penalties become more severe if it is a second or subsequent OVI offense, if you have a BAC of .17% or higher or if you refused a breath alcohol test.

If you have been charged with OVI, take immediate steps to begin protecting your rights. We are ready to put our attorneys’ more than 200 years of combined experience to work for you. With a strong history of success in OVI cases and a founding member of The National College for DUI Defense who is trained in field sobriety testing, our team has what it takes to create a thorough defense in your case.

We will put forth an aggressive defense aimed at challenging the breathalyzer, any field sobriety tests and any other evidence the prosecution may have against you. In many cases, we request a suppression hearing in an attempt to have illegally or erroneously obtained evidence thrown out. Even if the suppression hearing is unsuccessful, it helps us prepare the case for trial. We will do everything we can to minimize the consequences you are facing.

Defending Your Rights When Charged With DUI

A charge for driving under the influence (DUI) in Ohio carries with it criminal and administrative consequences. This is true for drunk boating offenses as well as DUI charges against commercial drivers. Not only are you looking at a conviction that will affect your record, but you are also looking at losing your driving privileges temporarily. These consequences can impact your future, making it difficult for you to maintain or obtain quality employment, housing and affordable automobile insurance.

Whether this is your first offense or your third, you need to take these charges seriously. Because of our history of success with DUI cases, you can trust us to put extensive experience and knowledge to work in creating a strong defense against your drunk driving charges.

Protecting Your Driving Privileges

You have a short amount of time in which to request a hearing to protect your driving privileges. These administrative license suspension or revocation hearings take place within 30 days of a DUI arrest. By calling our law firm as soon as you have been arrested or charged, we can take immediate steps to help you either keep your driver’s license or obtain limited driving privileges that will enable you to drive to and from work, medical appointments and court appearances.

Tap Into Our Firm’s Defense Success

The defense team at Rittgers Rittgers & Nakajima has a history of helping those charged with OVI/DWI/DUI. Our clients have seen their driving privileges restored and have moved forward without a criminal record. Our lawyers are staunch advocates for your rights before prosecutors, judges and juries and in university-level hearings when necessary.

As an accomplished criminal defense firm, we have a dedicated focus on college students and underage individuals. We are highly respected Ohio drunk drinking defense attorneys who understand the unique challenges faced in such cases and strive to provide the best possible outcome.

If you are facing charges of drunk driving or any alcohol-related crimes, contact an Ohio DUI lawyer at Rittgers Rittgers & Nakajima for a defense that stands apart.

Don’t let a drunk driving violation redefine your future. Reach out to Rittgers Rittgers & Nakajima today through our online form or call us at 513-496-0134 for a consultation and get back on track to a bright future.

A History Of Success In Drunk Driving Litigation

Our drunk driving defense attorneys are at the forefront of the field – handling allegations of OVI, DUI and DWI. We can help you understand the potential penalties of an OVI conviction, including:

• Criminal penalties: The potential criminal penalties depend entirely upon the circumstances of the OVI conviction and the particular charge. Criminal penalties may include extensive fees, required classroom training, the installation of an ignition interlock device and possible jail time.
• Loss of driving privileges: Regardless of whether you are ultimately convicted of OVI, the charges alone can result in a loss of driving privileges. If you are charged with OVI and either exceed the legal limit in the test or refuse to take a breathalyzer, you will automatically lose your license. Our attorneys represent people in administrative license suspension hearings, working to reinstate driving privileges.
• Employment consequences: If your job relies on your ability to drive, an OVI or DUI conviction puts your employment at risk. For example, someone with a commercial driver’s license will be unable to drive a commercial vehicle while their license is suspended. Even if you don’t drive a commercial vehicle, a license suspension may limit your ability to get to and from work or to travel as necessary for your job.
• Insurance costs: With an OVI conviction, your insurance rates are likely to soar. Over time, this increase can cost thousands of dollars. To avoid the increased insurance rates, you must avoid the conviction.

When you consider the penalties of an OVI or DUI, the costs are simply too high to take any chances. We are very familiar with the laws governing drunk driving, and we understand how to effectively defend against these charges.

We have argued many cases affecting OVI law before the Ohio Supreme Court. Below are a few examples of successful case outcomes that our attorneys have obtained for people who relied on us for skilled advocacy in drunk driving cases.

State V. Shindler (1994)

Charles H. Rittgers, amicus curiae

Holding: A highly detailed pleading of facts and law is not required to trigger the right to a motion to suppress in an OVI case. Further, the burden rests with the state to show substantial compliance with regulations once the defendant files a motion (even if “boilerplate”) to suppress.

The law created in Shindler was upheld recently by State v. Codeluppi. Over the years, courts have lessened the burden on the state required by Shindler. Within the past year in Codeluppi, the Supreme Court reaffirmed the law in Shindler and discussed it at length in the 2014 decision.

For the full court opinion of State v. Shindler, click here (PDF).

State V. Hochhausler (1996)

In this case, Rittgers Rittgers & Nakajima successfully argued that the “no stay” provision in the administrative license suspension statute was unconstitutional.

This provision explicitly prevented judges from suspending mandatory license suspensions after a person is accused of OVI. The court agreed that taking the discretion away from judges was unconstitutional as it was a violation of the separation of powers. Further, we successfully argued that third parties (not defendants) who were full or partial owners of vehicles that were seized by the state as a result of an OVI arrest had an interest in the vehicle, were entitled to a hearing and could fight to get the vehicle returned.

For the full court opinion of State v. Hochhausler, click here (PDF).

State V. Mayl (2005)

Charles H. Rittgers and Rittgers Rittgers & Nakajima arguing affirmance on behalf of the Ohio Association of Criminal Defense Lawyers, amicus curiae

Holding: The state is required to show substantial compliance with blood test regulations even when the blood test was not made at the request of law enforcement (i.e., the hospital drew blood). Further, the state must show substantial compliance even when the blood test was performed by an accredited laboratory and for purposes of medical treatment. In essence, the state was trying to lower its burden because the defendant’s blood was drawn at a hospital for medical purposes. The Ohio Supreme Court agreed with our argument and held otherwise.

For the full court opinion of State v. Mayl, click here (PDF).

In addition to helping create OVI law, we closely follow the outcomes of all drunk driving cases throughout Ohio to leverage new developments in favor of our clients. Here are some of the Ohio Supreme Court cases that may impact our clients accused of drunk driving:

Cincinnati V. Ilg (2014)

Ilg was charged in Cincinnati, Ohio, with an OVI after testing above the legal limit on an Intoxilyzer 8000 breath testing machine. Ilg sought COBRA data from the Intoxilyzer 8000 machine that was used to test his breath in order to challenge the machine in court.

The state refused to provide the COBRA data, citing various reasons. The trial court in Hamilton County, Ohio, excluded the breath test results as a result of the state’s refusal to provide the data the defendant requested. The case reached the Ohio Supreme Court, which ruled that the exclusion of the evidence was proper.

Holding: A defendant in an OVI case can challenge the accuracy, competence, admissibility, relevance, authenticity and credibility of a specific test result or whether the specific machine used to test the defendant operated properly at the time of arrest. The ruling clarified the ruling in the 1984 case of State v. Vega, in which the court held that a defendant was precluded from challenging the general reliability of breath testing devices if they had been approved by the director of the Ohio Department of Health.

For the full court opinion of Cincinnati v. Ilg, click here (PDF).

State V. Codeluppi (2014)

Codeluppi was charged with OVI and speeding. She filed a motion to suppress the police report evidence on three sobriety tests. The police report was the only source of evidence and did not describe the directions and procedures of the sobriety tests.

Holding: The results of the field sobriety tests are not admissible at trial unless the state shows by clear and convincing evidence that the officer administered the test in substantial compliance with National Highway Traffic Safety Administration (NHTSA) guidelines and the burden laid out in State v. Shindler (a Rittgers Rittgers & Nakajima case discussed above).

For the full court opinion of State v. Codeluppi, click here (PDF).

Building Excellent Strategies In A Variety Of OVI Situations

The lawyers at Rittgers Rittgers & Nakajima defend drunk driving cases involving:

• First-time DUI/OVI
• Multiple/subsequent OVI offenses
• Commercial driver’s licenses
• Drugged driving
• Refusal of chemical tests

In addition to handling criminal charges, we represent people accused of OVI in administrative license suspension hearings.

Contact Our Ohio Drunk Driving Defense Attorneys

Before beginning our criminal defense practice, Charles H. Rittgers worked in the Warren County prosecutor’s office. In this role, he prosecuted people accused of OVI and other offenses. After entering private practice and fighting for clients who had been accused of OVI, Mr. Rittgers became a founding member of The National College for DUI Defense.

Reach out to our OVI defense attorneys online or call us at 513-496-0134 to schedule an initial consultation. Rittgers Rittgers & Nakajima has offices in Lebanon, West Chester and Cincinnati. We are ready to put our knowledge and experience to work for you.

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