Cincinnati DUI Lawyer

Understanding Ohio Drunk Driving Laws

The state of Ohio takes a tough stance on driving under the influence of alcohol/drugs (DUI). If you or someone you love has been arrested and charged with DUI, state-imposed penalties can have a significant impact on your finances, freedom, and future. With so much on the line, the need for a proven Cincinnati DUI attorney and a solid defense strategy is critical to helping you protect your rights and pursue the most positive resolution possible.

With decades of experience in the field of criminal defense and DUI law, L. Patrick Mulligan & Associates, LLC has earned a reputation for our ability to effectively protect the rights of clients facing even the most serious allegations. Whether it’s a first-time offense, a DUI/OVI with a prior conviction, or a felony case involving aggravating circumstances, our Ohio DUI law firm stands ready to provide the support and guidance you need during these difficult times.

Discuss your charges and how our Cincinnati DUI lawyers can help by calling (937) 685-7006 or contacting us online. Consultations are FREE and confidential.

DUI/OVI Cases Our Cincinnati DUI Lawyers Handle

Our Cincinnati DUI attorneys leverage extensive experience and insight to handle all types of DUI cases, including:

• First DUI & multiple DUI
• Underage DUI
• Marijuana DUI/DUI drugs
• Felony DUI (including DUI causing injury or death)
• License suspension and administrative hearings
• Chemical test refusals

What is DUI in Ohio?

The state's DUI laws are detailed in Ohio Revised Code Section 4511.19, which makes it illegal to operate a motor vehicle while impaired by alcohol, drugs, or a combination of both. It is important to understand that Ohio has specific legal limits for alcohol consumption while driving, and the penalties vary depending on the circumstances.

• Blood Alcohol Concentration (BAC): In Ohio, a BAC of 0.08% or higher is considered the legal threshold for alcohol impairment for drivers over the age of 21. For commercial drivers, the legal limit is lower, at 0.04%. For drivers under the age of 21, any detectable alcohol in the bloodstream is considered a violation.
• Impaired Driving Due to Drugs: Driving while impaired by drugs, including prescription medications, over-the-counter drugs, or illegal substances, is also prohibited. The legal limit for drugs is not based on a specific threshold like alcohol but on whether the driver is impaired by the substance.
• Refusal to Take a Test: Ohio follows the “implied consent” law, which means that by driving on Ohio roadways, you are consenting to a chemical test (breath, blood, or urine) if requested by law enforcement. Refusing to take a chemical test can result in an automatic driver’s license suspension and other penalties.

What are the Penalties for a DUI Conviction in Ohio?

In Ohio, the penalties you may face for conviction of DUI include:

• Hefty fines
• Time in jail
• Installation of IID (ignition interlock device)
• Suspension of license
• Alcohol / drug treatment
• Community service

First-Offense DUI Penalties in Ohio

• Up to $1,000 in fines
• Up to a 90-day license suspension (one-year suspension for refusing to take chemical test)
• Up to three days in jail

Second-Offense DUI Penalties in Ohio

• Fines ranging from $525 to $1,625.
• License suspension ranging from 1 year to 7 years.
• From 10 days to 6 months in jail, along with mandatory community service.
• Requirement to complete a treatment program for alcohol and drug abuse.

Third-Offense DUI Penalties in Ohio

• Fines ranging from $850 to $2,750.
• License suspension of 2 to 12 years.
• From 30 days to 1 year in jail.
• Repeat offenders may be required to complete mandatory alcohol treatment programs and may face probation upon release.

Aggravating Factors for DUI in Ohio

Those penalties can be significantly elevated in cases involving “aggravating circumstances” or felony allegations, such as:

• High BAC levels
• Having a child passenger in the vehicle
• Causing accidents and injuries
• Driving on a suspended license

Our Cincinnati DUI attorneys explore all available strategies when defending against these penalties, from evaluating the protocol of arresting officers and admissibility of evidence to pursuing dismissals, charge and penalty reductions, and alternative sentencing options. Our Cincinnati DUI attorneys also represent clients when protecting their driving privileges during administrative proceedings with Ohio Bureau of Motor Vehicles (BMV).

How to Beat a DUI in Ohio?

If charged with a DUI in Ohio, a Cincinnati DUI lawyer can help identify defenses to challenge the charges and minimize consequences. Common defenses include improper stop or search (if the officer lacked reasonable suspicion), faulty breathalyzer or chemical test results (if the testing device wasn't properly calibrated), rising BAC (if the BAC increased after the arrest), involuntary intoxication (if the driver was unknowingly impaired), police misconduct (if the officer violated procedures), and lack of probable cause (if there was insufficient evidence for the arrest). These defenses can lead to reduced charges or dismissal of the case.

The DUI Legal Process in Ohio

The DUI legal process in Ohio can be complex and involves several important stages, including:

• Arrest and Booking: If you are stopped by law enforcement and fail a field sobriety test or breathalyzer test, you may be arrested for DUI. During booking, police will take your personal information and collect evidence, such as breath, blood, or urine samples, to determine your BAC.
• Arraignment: After the arrest, you will be scheduled for an arraignment, where you will be formally charged with DUI. At this hearing, you will enter a plea (guilty, not guilty, or no contest). A Cincinnati DUI attorney can help you decide the best course of action at this stage.
• Pre-Trial Hearings and Discovery: During the pre-trial phase, your attorney will review the evidence against you, including the results of any chemical tests, witness statements, and the circumstances surrounding the arrest. Your lawyer may file motions to suppress evidence or challenge the legality of the stop or arrest. In some cases, the defense may also negotiate with the prosecution for a plea deal or reduced charges.
• Trial: If the case goes to trial, the prosecution must prove your guilt beyond a reasonable doubt. Your Cincinnati DUI lawyer will defend you by cross-examining witnesses, challenging the evidence, and presenting defenses such as those mentioned above. If a favorable verdict is not reached, your attorney may continue to negotiate for a settlement.
• Sentencing: If convicted of DUI, sentencing will occur. Depending on the severity of the charge, sentencing may include fines, license suspension, community service, alcohol treatment programs, and jail time. A Cincinnati DUI lawyer may work to reduce these penalties through mitigation strategies or post-conviction motions.

Ohio DUI Defense Backed by Experience & Expertise

Our firm is led by Attorney L. Patrick Mulligan, a nationally recognized criminal and DUI attorney in Cincinnati, OH who has become known for his diligent and dedicated approach to defending clients.

Here are a few of his distinctions that have helped set our firm apart:

• Attorney Mulligan began his legal career as a former prosecutor with the Montgomery County Prosecutor’s office. His insight of the “other side” shapes our approach when negotiating on behalf of clients and attacking the government’s case.
• As a Board Certified Criminal Law Specialist by the National Board of Trial Advocacy, Attorney Mulligan is one of just 24 practicing attorneys in the state of Ohio recognized by the NBTA for his expert knowledge in criminal law.
• With a record of proven results in all types of misdemeanor, felony, federal, and DUI cases, Attorney Mulligan has been named among the Top 100 Trial Lawyers, and is continually included in the prestigious Ohio Super Lawyers® list.
• As a long-standing member of the National Association of Criminal Defense Lawyers (NACDL), Attorney Mulligan stays apprised of the latest laws, legal trends, and case law involving DUI crimes, enforcement, and prosecution.

Have Your Case Reviewed by a Skilled Cincinnati DUI Attorney

Time is a critical factor in defending against DUI allegations, which is why our Cincinnati DUI defense lawyers at L. Patrick Mulligan & Associates, LLC is available 24/7 to help when it matters most. During a free case evaluation, you can learn more about the charges and penalties involved in your case and discuss what our firm can do to guide you through the process ahead.

Contact our Cincinnati DUI lawyers today to get started: (937) 685-7006.

Commonly Asked Questions

Can I expunge a DUI in Ohio?

No, you generally cannot expunge a DUI (OVI) conviction in Ohio. Ohio law prohibits the expungement or sealing of records for OVI (Operating a Vehicle Impaired) offenses, meaning that if you are convicted of a DUI, it will remain on your criminal record. However, if your case is dismissed or if you are found not guilty, you may be eligible to have the record expunged.

Do you lose your license immediately after a DUI in Ohio? 

You may lose your license immediately after a DUI arrest in Ohio if you refuse a chemical test (breath, blood, or urine) under Ohio's implied consent law. Refusal leads to an automatic license suspension of at least 1 year. If you take the test and the result shows a BAC of 0.08% or higher, your license may be suspended as well, but the suspension is typically not immediate. You will receive a notice, and you will have the opportunity to contest the suspension in a hearing.