O.V.I. FAQ

By Shawn R. Dominy

What is the difference between O.V.I., O.M.V.I. and D.U.I.?

Different people use different terms: O.V.I., D.U.I., O.M.V.I., and D.W.I., but in Ohio they all mean the same thing (Operating a Vehicle under the Influence of drugs or alcohol), and the correct term is O.V.I.

What should I do if I am pulled over?

If an officer signals for you to pull over, do so safely, then have your driver's license, registration, and proof of insurance ready to give to the officer. When the officer approaches your vehicle and interacts with you, the officer will be making observations . The most common observation that leads to further investigation is the odor of alcohol . The officer will also be observing the condition of your eyes , the manner of your speech , your coordination when providing your license, your attitude , the condition of your clothes , and other factors. If the officer has reason to believe you have been drinking, the officer will probably ask you to get out of the car to perform coordination tests.

What are field sobriety tests?

Field sobriety tests are designed to evaluate your level of intoxication. The most common field sobriety tests are the walk and turn (walk nine steps, pivot, walk nine steps back), the one leg stand (stand on one leg for thirty seconds), and the horizontal gaze nystagmus (follow a pen or other object with your eyes). You are not legally required to perform these tests. There are pros and cons to taking the tests and refusing the tests. You should be aware that many traffic stops are now recorded by video cameras in police cruisers.

What happens if I am arrested?

If the officer concludes there is probable cause to believe you were driving under the influence, the officer will place you under arrest . You will then be transported to the police station. During the interaction with you, the police officer will likely question you about the incident (e.g., where have you been, how much did you drink, etc...). You have the right to remain silent; you do not have to talk to the police. If you choose not to talk to the police, you should tell the officer politely that you do not want to discuss the incident until you consult with an attorney. An attorney can advise you about whether to talk with officers and can talk with them on your behalf.

Should I take the breath test?

At the police station, you will be requested to provide a sample of your breath, blood, or urine for chemical tests to determine the level of alcohol in your blood. You may refuse the tests. Refusing the test, or testing over the legal limit, will result in an immediate suspension of your license by the B.M.V. called an Administrative License Suspension (ALS) .
Before submitting to a test or refusing at test, consider the following possible outcomes :

NOTE: It is unlawful for certain people to refuse the breath test (or other chemcial tests). Recent changes in the law make it illegal for a person to refuse the breath test if that person has been convicted of O.V.I. (or an equivalent offense) in the last 20 years. In addition, it is illegal for commercial drivers to refuse a breath test. Also, for a person on probation for O.V.I., it may be a violation of probation to refuse a chemical test.

What will happen to my vehicle?

If you are charged with an O.V.I., you will also probably face immediate impoundment of your vehicle . If your vehicle is impounded, make sure you obtain from the police the location of the vehicle and a telephone number to contact the towing company or impound lot. If this is your first offense, you will probably be able to pick up your vehicle the next day. If this is a second offense or more, you will probably not be able to pick up your vehicle until a judge issues a court order to release the vehicle. An attorney can assist you in obtaining release of your car.

What is the court process?

When your are issued a ticket for O.V.I., the ticket will contain a summons to appear in court. Your first court appearance should be within five days. If you intend to contest the O.V.I. charge and the Administrative License Suspension (A.L.S.), you should plead Not Guilty and inform the Court orally and/or in writing of your A.L.S. Appeal . If you hire an attorney, the attorney can assist you in doing so.

If you contest the O.V.I., your next court appearance will be a pretrial . Before the time of your pretrial, your attorney should obtain materials from the prosecuting attorney's files (discovery).

At the pretrial hearing, you may reach an agreement with the prosecutor to resolve the case without a trial (a plea bargain). If you accept the prosecutor's offer, the case may be resolved at that stage of the process. An attorney may help you secure a more favorable offer from the prosecutor and will also help you evaluate the prosecutor's offer in light of the facts and law applicable to your specific case.

If the case not resolved at the pretrial hearing, the case will be scheduled for a trial. At the trial, it is the responsibility of the prosecution to prove your guilt beyond a reasonable doubt; you do not have the duty to prove your innocence. If you intend to have a trial, you should hire an attorney with trial experience.

If you plead guilty or are found guilty, the judge will hold a sentence hearing . During the sentence hearing, the judge hears from the prosecutor, the defense attorney, and the defendant. The judge then decides what is your sentence. Judges have much discretion in what sentence to impose. It may be beneficial to have an attorney speak on your behalf in the sentence hearing to effectively explain why the judge should exercise leniency in your sentence.

What are the possible penalties for O.V.I.?

If you are convicted of O.V.I., the possible penalties include jail time, a fine, a driver's license suspension, seizure/immobilization/forfeiture of your vehicle and impoundment of your plates, as well as six points on your driver's license. You will also be required to pay a license reinstatement fee and maintain proof of insurance with the Bureau Of Motor Vehicles, which will likely result in obtaining high-risk insurance. The mandatory minimum penalties and the severity of your sentence depend on how many times you have been convicted of O.V.I. in the last six years . The following table summarizes the possible penalties for O.V.I, based on the number of convictions within six years. Please note that, if the result of your breath or blood test is over .17 , or if the result of your urine test is over .238 , the minimum mandatory jail sentence is doubled. Note also that there are variations to these penalties, and the penalties are occasionally changed by the state legislature.