DUI, OVI

Is there a difference between an OVI and a DUI in Ohio?

• DUI and OVI are used interchangeably in Ohio. The official term in Ohio is OVI. This stands for Operating a Vehicle under the Influence. The old version was Driving Under the Influence. The name was changed to OVI because “Operating a Vehicle” captures more kinds of activities than just driving a car.
• In Ohio, a “vehicle” means anything that has wheels or runners. It does exclude mobility devices like wheel chairs or electric wheel chairs. It also excludes anything operated exclusively on rails or tracks.
  • Under this definition in Ohio, a bicycle or a skateboard is considered a vehicle.
  • Therefore, it’s possible to get an OVI on a skateboard, scooter, or other similar devices.
  • IMPORTANT NOTE: It is unlikely that a cop will charge you with an OVI for riding a bicycle. The purpose of having strict penalties for OVIs / DUIs is to prevent people from operating motor vehicles, like cars or trucks, and crashing them into innocent bystanders.
    • If someone is riding a skateboard when they are drunk, the only person that they can really harm is themselves.
    • However, you do need to be aware that you can get charged with an OVI for riding a scooter or bicycle, so be sure to ride them safely and carefully.
• In Ohio, the courts have ruled that “Operate” or “Operating” means to cause or have caused movement of a vehicle. Therefore, if someone is just sitting in their car with the engine on, in park, and has not caused the car to move, then they are not operating their car. This means, they should not be able to be charged with an OVI.
  • The situation often pops up at bars. A person will drive to the bar sober. They will have many drinks at the bar and then fall asleep in their car in the bar’s parking lot.
  • IMPORTANT NOTE:
    • Even though you can’t receive an OVI for this situation, there is an offense in Ohio called Physical Control Of A Vehicle While Under The Influence. This offense would cover the case of that drunk person who wanted to sleep in their car.
      • It should be noted that this charge is rare. Police will generally not penalize someone for making the correct decision.
    • This Physical Control charge is most often seen as a plea offer to an OVI / DUI. Physical Control in Ohio is still a 1st degree misdemeanor, like an OVI / DUI. However, it is a non-moving violation so it doesn’t come with any points on your driver’s license. In addition, it doesn’t have the strict mandatory penalties that an OVI / DUI has. Lastly, it doesn’t count as an OVI / DUI conviction. Therefore, if you are charged with an OVI / DUI in the future, that OVI / DUI charge will still count as a first offense.
      • It’s often a favorable outcome to have an OVI / DUI charge amended to a Physical Control charge.

What are the penalties for OVI / DUI in Ohio?

• OVIs / DUIs are taken very seriously in Ohio. In relation to other charges of similar levels, OVIs / DUIs have some of the more serious penalties.
• In addition, the penalties get worse and worse when you have multiple convictions. Ohio has something called a 10 year lookback period for OVIs / DUIs. This means the level of the charge will depend on how many OVI / DUI convictions you have in the past 10 years.
  • NOTE: This only includes OVI / DUI convictions. It does not include convictions that were amended down from an OVI / DUI. For example, a Physical Control conviction would not count as a conviction for the purposes of this 10 year look back period.
• The penalties also depend on how much alcohol you had in your system. The level for alcohol impairment in Ohio is a Blood Alcohol Content (BAC) of 0.08 or greater. A BAC of equal to 0.08 and under 0.17 is considered a low test for the purposes of charging and sentencing in Ohio. If your BAC is 0.17 or higher, then that is considered a high test for the purposes of charging and sentencing in Ohio.
  • The penalties for OVI / DUI can also be increased if you refuse to take an alcohol level test.
    • IMPORTANT NOTE: This statement is deceptive. Even though the penalties can increase if you refuse an alcohol breath test, it’s much easier to defend an OVI / DUI case when you refuse to take these tests. Therefore, it’s often recommended that you refuse to take these breath tests.
• First offense OVIs / DUIs come with mandatory 3 days in jail. It’s important to note that the court will allow you to substitute these 3 days for a Driver’s Intervention Program (DIP). This is a court certified 72 hour alcohol program. These often take place at a local hotel. You are not allowed to leave the premises. However, most people prefer this to actual jail time.
• PENALTIES FOR OVI/DUI IN OHIO
  • 1st offense in 10 years and a low test
    • 1st degree misdemeanor
    • Mandatory 3 days in jail or DIP program.
    • Maximum 6 months in jail
    • Possible fine of $375 to $1075.
    • Mandatory 1 year license suspension. Maximum of 3 years.
    • Yellow plates or interlock device is optional.
  • 1st offense in 10 years and either a high test or a refusal of the test with a prior OVI conviction within 20 years.
    • 1st degree misdemeanor
    • Mandatory 6 days in jail or 3 days in jail and DIP program.
    • Maximum 6 months in jail
    • Possible fine of $375 to $1075
    • Mandatory 1 year license suspension. Maximum of 3 years.
    • Yellow plates required. Interlock optional.
  • 2nd offense in 10 years and a low test
    • 1st degree misdemeanor
    • Mandatory 10 consecutive days in jail.
    • Maximum 6 months in jail.
    • Possible fine of $525 to $1,625.
    • Mandatory drug / alcohol treatment
    • Mandatory 1 year license suspension. Maximum of 7 years.
    • Yellow plates optional. Interlock required if OVI / DUI was alcohol related.
    • Car to be immobilized for 90 if it’s registered to the offender.
  • 2nd offense in 10 years and either a high test or a refusal of the test with a prior OVI conviction within 20 years.
    • 1st degree misdemeanor
    • Mandatory 20 consecutive days in jail.
    • Maximum 6 months in jail.
    • Possible fine of $525 to $1,625.
    • Mandatory drug / alcohol treatment
    • Mandatory 1 year license suspension. Maximum of 7 years.
    • Yellow plates required for a high test. Yellow plates optional for refusal. Interlock required if OVI / DUI was alcohol related.
    • Car to be immobilized for 90 if it’s registered to the offender.
  • 3rd offense in 10 years and a low test
    • Unclassified misdemeanor
    • Mandatory 30 consecutive days in jail.
    • Maximum 1 year in jail.
    • Possible fine of $850 to $2,750.
    • Mandatory drug / alcohol addiction program
    • Mandatory 2 year license suspension. Maximum of 12 years.
    • Yellow plates required. Interlock required if OVI / DUI was alcohol related.
    • Car to be forfeited if it’s registered to the offender.
  • 3rd offense in 10 years and either a high test or a refusal of the test with a prior OVI conviction within 20 years.
    • Unclassified misdemeanor
    • Mandatory 60 consecutive days in jail.
    • Maximum 1 year in jail.
    • Possible fine of $850 to $2,750.
    • Mandatory drug / alcohol addiction program
    • Mandatory 2 year license suspension. Maximum of 12 years.
    • Yellow plates required. Interlock required if OVI / DUI was alcohol related.
    • Car to be forfeited if it’s registered to the offender.
  • 4th or 5th offense in 10 years and a low test or 6th offense in 20 years and a low test.
    • 4th degree felony
    • Mandatory 60 consecutive days in jail, and up to 1 year. Option of an additional 6 to 30 months in prison.
    • Possible fine of $1,350 to $10,500.
    • Mandatory drug / alcohol addiction program
    • Mandatory 3 year license suspension. Maximum is lifetime.
    • Yellow plates required. Interlock required if OVI / DUI was alcohol related.
    • Car to be forfeited if it’s registered to the offender.
  • 4th or 5th offense in 10 years and a high test or refusal or 6th offense in 20 years and a high test or refusal.
    • 4th degree felony
    • Mandatory 120 consecutive days in jail, and up to 1 year. Option of an additional 6 to 30 months in prison.
    • Possible fine of $1,350 to $10,500.
    • Mandatory drug / alcohol addiction program
    • Mandatory 3 year license suspension. Maximum is lifetime.
    • Yellow plates required. Interlock required if OVI / DUI was alcohol related.
    • Car to be forfeited if it’s registered to the offender.
  • 2nd felony offense lifetime and a low test
    • 3rd degree felony
    • Mandatory 60 days in prison. Maximum 36 months in prison.
    • Possible fine of $1,350 to $10,500.
    • Mandatory drug / alcohol addiction program
    • Mandatory 3 year license suspension. Maximum is lifetime.
    • Yellow plates required. Interlock required if OVI / DUI was alcohol related.
    • Car to be forfeited if it’s registered to the offender.
  • 2nd felony offense lifetime and either a high test or a refusal.
    • 3rd degree felony
    • Mandatory 120 days in prison. Maximum 36 months in prison.
    • Possible fine of $1,350 to $10,500.
    • Mandatory drug / alcohol addiction program
    • Mandatory 3 year license suspension. Maximum is lifetime.
    • Yellow plates required. Interlock required if OVI / DUI was alcohol related.
    • Car to be forfeited if it’s registered to the offender.
  • 1st or 2nd felony offense lifetime and a multiple offense OVI specification (5 OVIs / DUIs within 20 years)
    • 4th degree felony for 1st offense. 3rd degree felony for 2nd offense.
    • Mandatory 1, 2, 3, 4, or 5 years in prison. This is served consecutive to any additional penalties for the original charge.
    • Possible fine of $1,350 to $10,500.
    • Mandatory drug / alcohol addiction program
    • Mandatory 3 year license suspension. Maximum is lifetime.
    • Yellow plates required. Interlock required if OVI / DUI was alcohol related.
    • Car to be forfeited if it’s registered to the offender.
• You can see that these penalties start to snowball very fast after the first OVI / DUI conviction. It is important that you contact an attorney on the very first charge so you do not head down this slippery slope. We have many years of experience with OVIs / DUIs all over central Ohio. We will help you navigate this stressful situation and get you the best result possible for your particular set of circumstances.

What happens to my driver’s license immediately after I’m charged with an OVI?

• If you either fail the alcohol level test or refuse to take the test, the BMV will automatically suspend your driver’s license. This is called an Administrative License Suspension (ALS). This suspension will be in effect while the OVI / DUI case in pending in court.
• The length of this suspension will depend on how many prior OVI / DUI offenses you have or how many prior alcohol tests you have refused.
  • Length of suspensions for failed alcohol level test
    • 1st OVI offense in 10 years
      • 90 days
    • 2nd OVI offense in 10 years
      • 1 year
    • 3rd OVI offense in 10 years
      • 2 years
    • 4th OVI offense in 10 years
      • 3 years
  • Length of suspensions for refusal of alcohol level test
    • 1st refusal or OVI offense in 10 years
      • 1 year
    • 2nd refusal or OVI offense in 10 years
      • 2 years
    • 3rd refusal or OVI offense in 10 years
      • 3 years
    • 4th refusal or OVI offense in 10 years
      • 5 years
• Generally, once you resolve the case with a conviction, the ALS will terminate and the court will issue its own driver’s license suspension. You will get credit for the time your license has been suspended. This means that the court suspension back dates to the date of the OVI charge.

When am I allowed to get driving privileges if I’ve been charged with an OVI / DUI in Ohio?

• If you are charged with an OVI / DUI in Ohio, the BMV will automatically suspend your license. This is called an administrative license suspension. There is a mandatory waiting period before you are allowed to request for driving privileges. The length of this waiting period depends on how many OVIs / DUIs you have in your past. It also depends on whether you refused the alcohol test or not.
• If you were charged with OVI / DUI in Ohio and you took and failed the alcohol level test, the mandatory waiting time for driving privileges is as follows:
  • If you have 1 OVI / DUI offense within 10 years
    • You are eligible for privileges after 15 days
  • If you have 2 OVI / DUI offenses within 10 years
    • You are eligible for privileges after 45 days
  • If you have 3 OVI / DUI offenses within 10 years
    • You are eligible for privileges after 180 days. Interlock device required if the offense is alcohol related.
  • If you have 4 or more OVI / DUI offenses with 10 years
    • You are eligible for privileges after 3 years. Interlock device required if the offense is alcohol related.
  • IMPORTANT NOTE – These waiting periods only apply the administrative license suspension from the BMV. Once the case is resolved and the court issues its own suspension, anyone with 3 or more OVI / DUI convictions within 10 years is not eligible for driving privileges.
• If you were charged with OVI / DUI in Ohio and you refused to take the alcohol level test, the mandatory waiting time for driving privileges is as follows:
  • If you have 1 refusal or OVI / DUI conviction within 10 years
    • You are eligible for privileges after 30 days
  • If you have 2 refusals or OVI / DUI convictions within 10 years
    • You are eligible for privileges after 90 days
  • If you have 3 refusals or OVI / DUI convictions within 10 years
    • You are eligible for privileges after 1 year
  • If you have 4 or more refusals or OVI / DUI convictions within 10 years
    • You are eligible for privileges after 3 years
  • IMPORTANT NOTE – These waiting periods only apply the administrative license suspension from the BMV. Once the case is resolved and the court instills its own suspension, anyone with 3 or more OVI / DUI convictions within 10 years is not eligible for driving privileges.
• We know that having the ability to drive is very important to our clients. We will work with the courts to get you driving privileges as soon as possible so you can continue to drive for work and other important things. Call Meis Law and we’ll help you navigate this stressful time.

Is there a way to avoid the administrative license suspension if I’m charged with an OVI / DUI in Ohio?

• Your attorney might be able to terminate the suspension or put the suspension on hold while the case is pending.
  • Terminating the administrative license suspension (ALS) in Ohio
    • The police need to file the OVI paperwork with the clerk of courts in a certain amount of time. If they don’t do this, the ALS can terminate.
    • The court has to give you an initial hearing within 5 business days. If they don’t do this, the ALS can terminate.
    • There may be other issues that arise that can cause the ALS to terminate. An attorney will review your case to determine if they can terminate your ALS suspension in Ohio.
  • Putting the administrative license suspension (ALS) on hold in Ohio.
    • This is known as getting a stay of the ALS.
    • Here, your attorney will petition the court to place a hold, or stay, on the ALS.
• If the ALS is terminated or put on hold, you will have a valid license while the case is pending. Let Meis Law try to get your ALS terminated and get you back on the road while your case is pending. We have experience in most central Ohio jurisdictions and we will fight to save your license.

Can I get an OVI / DUI in Ohio for something other than having alcohol in my system?

• Yes. You can be charged with an OVI / DUI in Ohio for any type of illicit drug in your system.
• Unlike the alcohol breath test though, there are no instant tests to measure illicit drugs in your system. The cops have to request a urine or blood sample to test for any illicit drugs in your system.
  • This may mean that you may not be charged with OVI / DUI until the test results come back. However, most police officers will still charge you with an OVI / DUI and then hope the lab results come back before the case runs out of speedy trial time.
    • In some busy court houses, test results may not come back in time. This can lead to a better plea resolution or a potential dismissal.
  • You can refuse to give a urine or blood sample, just like the alcohol breath test. This will still trigger an ALS suspension in Ohio.
• The tricky thing with illicit drugs is that they stay in your system for much longer than alcohol. This means that you could test over the limit even if you are not currently high on any illicit drugs. However, this can also pose a problem for the prosecutor when they try to prove their case to a jury.
  • Example: A person smokes weed 3 or 4 days a week. If they have been doing this for a long period of time, the weed will be in their system for weeks or even months. Therefore, even if the person hasn’t smoked weed in a couple days, they would still technically be over the legal limit if they are pulled over and suspected of an OVI.
• The standardized tests that cops have you perform for OVIs / DUIs are mainly tailored towards detecting alcohol impairment. However, if you are high on an illicit drug, it likely will affect your performance of the tests.
  • Therefore, it is still advisable to refuse to take the sobriety tests even if you haven’t been drinking alcohol.

What are the sobriety tests that I will have to perform if I’m pulled over for an OVI / DUI in Ohio?

• These are known as standardized field sobriety tests. There are 3 tests that a police officer will request you to perform if they suspect you of OVI / DUI.
  • The first test is the eye test.
    • This is called the horizontal gaze nystagmus test. The officer usually holds up a pen and has you follow it back and forth. The officer looks for twitching in your eye. If you are impaired from alcohol, your eye will look like the second hand on cheap watch, stopping at each individual second. If someone was sober, their eye would look like the second hand on an expensive watch, moving smoothly from second to second without any stopping.
    • This is the most scientific test out of the three. A jury usually has a hard time associating this test with impairment because they don’t have any experience with it. They are just relying on a scientist’s word. In addition, this test is often hard to see on the officer’s body cam or dash cam.
  • The second test is the walk and turn test
    • This is the test where the officer will have you take 9 heel to toe steps away from them and then turn around and take 9 heel to toe steps back towards them.
    • The officer is checking to make sure that you maintain your balance and that you can pay attention to instructions. They will look for things like you stepping off line, raising your arms for balance, or starting before they tell you to go.
    • This test is usually very telling of someone’s impairment. If the person is impaired, they may constantly lose their balance or even almost fall over. The types of movements that most people associate with drunkenness.
    • If a person performs very poorly on this test, it will usually be difficult to convince a jury that you weren’t drunk or impaired. The reason being, this is not an overly difficult test. It’s just walking back and forth. Generally, a sober person would have no issue with this test.
  • The third test is the one legged stand test
    • For this test, the officer will have you stand on one leg for 30 seconds.
    • The officer looks to see if you can maintain your balance without putting your foot down or hopping around.
    • This test is not as telling as the walk and turn test. The reason being, most people believe it’s hard to stand on one leg for 30 seconds, even if they are sober.
    • However, if the person is falling over or can’t even follow the instructions, they will come off as drunk or impaired.
• The police officer gives very specific instructions for each one of these tests. The officer is required to give the instructions and administer the test in accordance with their training manual.
  • If they don’t do this, the tests could be flawed. These are standardized tests so they need to be administered correctly. If they are not, it can affect their ability to tell if someone is over the legal limit of 0.08 BAC.
• If the police officer fails to administer these tests correctly, an attorney can file a motion to have the entire test thrown out of evidence.
• Andrew Meis has been watching OVI videos for almost 10 years now. He will be able to find any issues with these tests and attack them. You will need an attorney like Andrew who can find little issues that can potentially help resolve your case.

Do I have to take the field sobriety tests for an OVI / DUI in Ohio?

• No. You are allowed to refuse to take the field sobriety tests in Ohio. In fact, it’s recommended that you refuse to take these tests.
  • It only takes 1 or 2 errors to fail these tests, as far as the police’s training manual is concerned. Therefore, you don’t want to give the police any more evidence than they may already have.
  • IMPORTANT NOTE – If you refuse to take the tests, make sure you do it politely. The police will already be irritated when you refuse, so it’s best not to be rude while you do it. You can say something like, “I’ve heard an attorney say that these tests are unreliable so I would prefer not to take them.”
    • ADDITIONALLY, don’t tell the police, “I couldn’t even pass these tests sober.”

Should I refuse to take the field sobriety tests in Ohio if I am on probation for another OVI / DUI?

• This answer is a double edged sword. If you’re on probation for an OVI / DUI, it’s likely that you have a probation condition that says you can’t refuse any field sobriety or breath tests.
• If you take the breath test, you’ll probably fail and then get revoked for having an OVI conviction.
  • However, if you refuse these tests, you would violate your probation anyways. With a refusal though, you will have a better chance at beating the new charge.
• Obviously, it’s best to not drink and drive if you are on probation for an OVI / DUI. However, if you are going to, you may want to think about your options before you have to deal with the police. In either case, you will want to call an attorney as soon as possible to help you minimize the penalties.

I think the cops pulled me over for no reason and then charged me with an OVI / DUI. What can I do?

• It’s possible that the police made a mistake at some point in their OVI / DUI investigation. If they did, your attorney can file a motion to throw evidence out. The police need a reason to pull you over, then a reason to pull you out of the car and request that you do field sobriety tests, and, finally, enough evidence to arrest you for an OVI / DUI.
• The police initially need a reason to pull you over. If they observe you commit a traffic violation, this will give them enough evidence to pull you over.
  • Most police vehicles have dash cameras. Your attorney will be able to look at this video and determine if you committed the violation that the cop is accusing you of.
  • If it turns out that you did not commit this traffic violation, then everything that took place after the illegal stop can get thrown out. This includes field sobriety tests and the arrest itself.
  • However, if it turns out that you did commit the traffic offense, then your attorney will look at the next phase of an OVI / DUI stop.
• The police then need enough evidence to request that you step out of the vehicle and perform field sobriety tests.
  • Some usual clues the cops look for are slurred speech, bloodshot / glassy eyes, odor of alcohol, or an admission of drinking. If you exhibit several of these clues, then a cop will have enough evidence at that point to request that you perform field sobriety tests.
  • Things like odor of alcohol or blood shot eyes will not show up on dash / body cameras. However, you may be able to dispute things like slurred speech or fumbling around for a wallet / purse.
  • If the police exaggerated these particular clues, then it’s possible to argue that they didn’t have enough evidence to pull you out of the vehicle to perform the sobriety tests. It that’s the case, anything that happens after they pull you out of the car can be thrown out.
• Lastly, the police need enough evidence to arrest you for an OVI / DUI.
  • This usually involves your performance on the field sobriety tests or the results of the breath test. It will also involve any additional information like an admission of drinking or any other indications of impairment.
  • If you fail any of the field sobriety tests, the police will likely have enough evidence to arrest you for an OVI / DUI.
  • When administering the field sobriety tests, the police need to follow the instructions laid out by their police manual.
    • If they fail to do so, your attorney could try to throw out the particular test that they incorrectly instructed you on.
    • If this happens, that test can no longer be used as evidence to arrest.
  • The police also have to make sure that they keep the breath test machine in good working order. If they fail to do this, the results of the breath test can be thrown out as well.
  • If the police did not have enough evidence to arrest you for an OVI / DUI, then your attorney can file to have the arrest thrown out.
• An attorney will take a look at all the evidence to determine if you the police made any errors while charging you with an OVI / DUI. Andrew Meis has years of experience in challenging OVI / DUI stops. Give him a call and let him take a look under the hood of your case.

Can the police make me give a blood or urine sample for an OVI / DUI charge in Ohio?

• Yes. The police can get a search warrant for your urine or your blood. They need to do this quickly though. If they wait too long, the results of the test may not be admissible.
• This usually only happens for a felony offense OVI / DUI or where there was a bad accident that involved a serious injury or fatality.
  • With these accident cases, the offender oftentimes ends up in the hospital. The hospital staff usually takes blood as part of their examination. The police will then get a search warrant to have access to those medical records.

If I’m under the age of 21 in Ohio, is the legal limit still 0.08 BAC to get an OVI / DUI?

• No. If you are under the age of 21 in Ohio, the legal limit for your BAC is 0.02. If you take a breath test and your alcohol level is at least BAC 0.02 but under BAC 0.08, then you will be charged with Operating a Vehicle After Underage Alcohol Consumption (OVUAC). These are referred to as underage OVIs / DUIs.
• The penalties for an underage OVI / DUI in Ohio are less severe than a normal OVI / DUI.
• It’s important to note that even if you are under 21, you will be charged with a normal OVI / DUI if the breath test is BAC 0.08 or more.
  • Also, the police officer can charge you with a normal OVI / DUI if you refuse the test.

What are the penalties if I’m under the age of 21 and I’m charged with an underage OVI / DUI in Ohio?

• An underage OVI / DUI is a 4th degree misdemeanor if you have no prior OVIs / DUIs within one year.
  • There is a mandatory Class 6 driver’s license suspension (3 months to 2 years).
• An underage OVI / DUI is a 3rd degree misdemeanor if you have at least one OVI / DUI conviction within one year.
  • There is a mandatory class 4 license suspension (1 year to 5 years).

What do I do if I’ve been drinking and I get pulled over in Ohio?

• It’s often advisable to refuse any field sobriety or breath test if you have been drinking and get pulled over.
  • It’s easier to defend an OVI / DUI charge if you refuse all of the tests.
• Even if you haven’t had that much to drink, the officers will usually be able to smell the odor of alcohol on you. Once they smell an odor, they will almost always ask you out of the car to perform field sobriety tests.
  • These tests are very easy to fail. In fact, almost a third of the people who fail these tests are not over the legal limit of BAC 0.08.
  • However, if you fail the tests, it will make it that much more difficult to defend the case.
• There is no formula to determine what your blood alcohol level (BAC) will be. It depends on a number of things like sex, weight, age, recent food consumption, and many other factors.
  • If you only had one drink in an hour or so, you might be under the legal limit. However, if you take the breath test and you are over the legal limit, your case just got a lot harder to defend.
• In addition, the fewer statements you make to the police, the better off you will be.
  • Most people will admit that they had one or two drinks at dinner. They don’t think that the cops will give this statement much weight. However, an admission of drinking is one of the clues officers use to request someone out of the car.
• The constitution gives you the right to refuse to speak with the police. It’s highly suggested that you take advantage of this if you think you’ve had too much to drink.
  • NOTE – You want to make sure you do this politely. Cops often get irritated when people refuse to make any statements or take field sobriety tests.
    • The polite way to speak with the police. “I’d like to refuse to take any sobriety tests. My attorney told me that these tests aren’t very reliable.”
    • The wrong way to speak with the police. “Screw you cop. I’m not taking your stupid tests. Just take me to jail.”
  • If you are polite to the police, they will often cite you with an OVI / DUI and let you call for a ride. If you upset the police, it’s possible that they will make you spend a night in jail.
• Cops will also try to scare you into taking the alcohol breath test. They will tell you that if you refuse to take the test, the BMV will suspend your driver’s license for one year. They will then tell you that if you pass the test, you will not be charged and your license won’t be suspended.
  • These are all true statements. However, what they fail to mention is that if you fail the test, the BMV will still suspend your driver’s license.
  • Most people get scared about having their license suspended for a year so they just end up taking the breath test.
  • The result usually ends up in a failed breath test. This means that you are more likely to get convicted of an OVI / DUI. AND WHAT IS THE PENALTY FOR AN OVI / DUI CONVICTION IN OHIO? A 1 YEAR DRIVER’S LICENSE SUSPENSION!!!
    • The penalty ends up being the exact same.
• In summary, you will usually be in much better shape if you refuse to take any sobriety test. You can then call an attorney and they will have much more ammo to fight the OVI / DUI charge.