An OVI arrest can be overwhelming. Within a few hours, a person may be dealing with a license suspension, a court date, and questions about work, insurance, and family. This article explains, in general terms, what usually happens after an OVI arrest in Ohio.
OVI defense is one of our core criminal defense services. Learn more on our criminal defense services page for clients in Columbus, Newark, and across Central Ohio.
What OVI means in Ohio
OVI stands for operating a vehicle while impaired. It is Ohio's version of DUI. A person can be charged based on impairment, on a breath, blood, or urine test above the legal limit, or on certain drug levels. Ohio also has a related charge called "physical control," which can apply when someone is in the driver's seat with the keys but not driving.
Step 1: The traffic stop and testing
Officers usually look for signs of impairment and may ask the driver to perform field sobriety tests. After an arrest, the driver is typically asked to take a chemical test. Under Ohio's implied consent law, refusing that test carries its own consequences.
Step 2: Administrative license suspension
If a driver fails or refuses the chemical test, Ohio generally imposes an administrative license suspension right away. This suspension is separate from the criminal case. It can sometimes be challenged, and limited driving privileges may be available in some situations.
Step 3: The first court appearance
The first appearance is the arraignment, usually within a few days. In Columbus, OVI cases are typically handled in the Franklin County Municipal Court. In Newark, they are usually handled in the Licking County Municipal Court. At arraignment, the court reads the charges and the person enters a plea.
Step 4: Evidence review and pretrial
The defense reviews the evidence, which may include police reports, dash camera or body camera footage, test results, and calibration records for testing equipment. Pretrial conferences give both sides a chance to discuss the case. Motions may be filed if there are issues with the stop, the arrest, or the testing.
Step 5: Resolution
A case may be resolved through a plea, a reduction, a dismissal, or a trial. Outcomes depend on the facts and the person's history.
Possible penalties
A first OVI in Ohio is usually a first-degree misdemeanor. Even so, it carries mandatory penalties, which can include a minimum jail term or a driver intervention program, fines, and a license suspension. Penalties increase with prior offenses within Ohio's lookback period, and some repeat offenses become felonies.
What to do first
Write down everything you remember about the stop.
Keep all paperwork from the arrest and the BMV.
Do not miss your court date.
If you are not a U.S. citizen, tell your lawyer right away.
To talk about an OVI charge, contact Wisniewski Law to request a consultation.
This article provides general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every situation is different, so please speak with an attorney about your specific case.
