Case Results

DISCLAIMER: These are actual results from the Dominy Law Firm’s DUI / OVI cases and criminal cases in Columbus, Ohio and the central Ohio area. However, the results achieved in past criminal defense cases and drunk driving defense cases is not necessarily indicative of the results which may be achieved in your case because the facts of every case are unique.

AUGUST, 2026

Felony Dismissed for OVI Plea. An officer followed our client and observed multiple minor traffic violations. The officer stopped our client and smelled the odor of an alcoholic beverage. Our client admitted drinking before driving. The officer administered field sobriety tests and observed many ‘clues’ on the tests. The officer arrested our client and found a loaded handgun in our client’s vehicle. Our client took a breath test, and the result was .193. Our client was indicted for OVI and Improperly Handling Firearms in a Motor Vehicle.

We contested the case. The officer’s body-worn camera video showed our client did not seem to be intoxicated to the point that one would expect a breath test result of .193. We filed a motion to suppress the results of the breath test, as well as the field sobriety tests. Before having a hearing on that motion, the prosecution offered a plea agreement which our client accepted. Our client pled guilty to the charge of OVI, and the prosecution dismissed the charge of Improperly Handling Firearms in a Motor Vehicle.

DUI/OVI Reduced and Felony Not Prosecuted. A trooper encountered our client in a convenience store and smelled the odor of marijuana coming from our client. After our client left the store parking lot, the trooper followed our client. The trooper stopped our client for having window tint which was too dark. Our client acknowledged smoking marijuana. The trooper administered sobriety tests and arrested our client. The trooper seized a loaded firearm from our client’s vehicle. Our client submitted a urine sample, and test results showed a very high marijuana metabolite level. The trooper charged our client with OVI and submitted an investigation packet to the county prosecutor’s office regarding prosecution for the felony offense of Improperly Handling Firearms in a Motor Vehicle.

We entered a plea of Not Guilty and reviewed the evidence. The evidence showed the trooper followed our client for 17 minutes and did not observe any moving violations or evidence our client was under the influence. It also showed the sobriety tests administered by the trooper do not work for detecting marijuana impairment. On the other hand, our client’s urine sample was well over the ‘legal limit’ for marijuana metabolite. Ultimately, the prosecutor on the OVI case reduced the OVI to Reckless Operation with no license suspension, and the county prosecutor agreed to not prosecute the charge of Improperly Handling Firearms in a Motor Vehicle.

DUI/OVI Reduced with No License Suspension. An officer observed our client driving at night without headlights illuminated. The officer stopped our client and observed signs of intoxication. Our client declined to perform field sobriety tests and refused a breath test. The officer charged our client with OVI and imposed a one-year Administrative License Suspension (ALS) for refusing the breath test.

We entered a plea of Not Guilty and appealed the ALS. We obtained a stay of the ALS, so our client’s license was returned while the case was pending. The evidence showed the prosecution would have some difficulty proving the OVI charge. The prosecution reduced the OVI charge to a non-moving traffic offense with no driver’s license suspension and agreed to termination of the ALS.

Felony Improper Handling Case to be Dismissed. Our client was involved in a two-car accident. An officer went to the scene, spoke with our client, and smelled the odor of alcohol. The officer also noticed our client had glassy/bloodshot eyes and spoke with slurred speech. The officer administered field sobriety tests and arrested our client. The officer seized a loaded firearm from our client’s vehicle and charged our client with Improperly Handling Firearms in a Motor Vehicle, a fifth-degree felony

We filed a motion for Intervention in Lieu of Conviction and simultaneously reviewed the evidence. We evaluated the case and determined Intervention in Lieu was the best option. The judge granted the motion for Intervention in Lieu of Conviction. After our client completes the intervention program and supervision period, the case will be dismissed.

JULY, 2026

Intervention in Lieu of Conviction Granted. A police officer stopped our client for failing to stop at a stop sign. The officer smelled the odor of alcohol and observed that our client’s eyes were bloodshot and glassy. The officer conducted an OVI investigation and arrested our client. The officer found a loaded gun in our client’s vehicle. Our client was indicted for OVI and Improperly Handling Firearms in a Motor Vehicle.

We investigated the case and pursued Intervention in Lieu of Conviction. Our client was assessed, a treatment plan was created, and the judge granted our motion for Intervention in Lieu of Conviction on the charge of Improperly Handling Firearms in a Motor Vehicle. Our client pled guilty to OVI. If our client completes counseling sessions and has no new criminal cases for the next year, the Improperly Handling charge will be dismissed.

Commercial Driver Avoids CDL Disqualification. Our client was the at-fault driver in a two-car accident. A police officer went to the accident scene and observed signs our client may be under the influence. Our client declined sobriety tests, was arrested, and refused a breath test. Our client had two prior OVI convictions. Our client received an Administrative License Suspension (ALS) for refusing the breath test, and our client was charged with OVI. Our client was a commercial driver, and an ALS or an OVI in Ohio conviction triggers a CDL disqualification.

We pled Not Guilty and reviewed the evidence. The evidence showed that, without field sobriety tests, and without a breath test, the prosecution’s case was not strong. On the body cam videos, our client did not appear to be obviously intoxicated. The prosecution reduced the OVI to a no-points offense with no license suspension and agreed to termination of the ALS, so our client did not receive a CDL disqualification.

DUI/OVI Reduced and License Suspension Terminated. Our client was riding his motorcycle when he was stopped for failure to use a turn signal. The officer asked our client about drinking, and our client said he had three beers. The officer administered field sobriety tests and arrested our client. Our client refused a breath alcohol test. Our client was charged with OVI and subjected to a one-year Administrative License Suspension for refusing the test.

We contested the case. We obtained discovery from the prosecution, and the video evidence was helpful. It showed the officer did not observe many ‘clues’ during the OVI investigation. It also showed our client performed reasonably well on the field sobriety tests. The prosecution reduced the OVI to a non-moving violation and agreed to termination of the Administrative License Suspension.

Improper Handling of Firearm & DUI/OVI. Our client was stopped because a police officer believed our client was involved in a hit-skip accident. The officer smelled alcohol coming from our client, saw beer cans in the car, and our client acknowledged drinking. The officer administered one sobriety test, and our client declined to perform the others. The officer arrested our client and found a loaded firearm in the car. Our client was charged with OVI and Improperly Handling Firearms in a Motor Vehicle. Our client hoped to avoid a felony conviction.

We entered a plea of Not Guilty and reviewed the case. Our review suggested the prosecution may or may not be able to prove our client was under the influence. In Ohio, that proof is necessary for both the charge of OVI and the particular charge of Improperly Handling Firearms in a Motor Vehicle. We negotiated with the prosecution. The prosecution dismissed the felony charge of Improperly Handling Firearms in a Motor Vehicle, and our client pled guilty to misdemeanor OVI.

JUNE, 2026

Felony Record Sealed. Our client was convicted of felony Theft and was sentenced to a period of community control (aka ‘probation’). Our client successfully completed community control and had no other criminal record. Our client was concerned about the impact of the conviction on employment opportunities.

We filed an application to seal the case records, and the judge held a hearing on the application. We showed our client’s case was statutorily eligible for record sealing. We also demonstrated our client was satisfactorily rehabilitated, and our client’s interest in having the records sealed outweighed the government’s interest in maintaining the records as public. The judge granted our application and ordered that the case records be sealed.

DUI/OVI Dismissed.  Our client was driving on the freeway when he was stopped by a police officer for speeding (92 mph in a 70 mph zone). The officer smelled the odor of an alcoholic beverage coming from our client’s breath and heard that our client’s speech was slurred. The officer administered standardized field sobriety tests and observed clues on all three tests. The officer arrested our client and transported our client to a police station. Our client took a breath test, and the result was .064 (under the prohibited level of .080). Our client was charged with OVI and Speed.

We contested the case and reviewed the body-cam video of the arresting officer. The video showed our client’s speech was not really slurred. It also showed the officer made mistakes in the administration of the standardized field sobriety tests. In addition, the video showed our client had no problems with mental processing or physical coordination. We presented these facts to the prosecution. The prosecution dismissed the OVI charge and reduced the Speed charge to 75 mph in a 70 mph zone.

Not Guilty Verdict in VPO Case. A protection order prohibited our client from having contact with his ex-wife. Our client was at a restaurant, and his ex-wife went to the restaurant while our client was there. Police were contacted and went to the restaurant. Our client explained he did not know his ex-wife was there, but the police arrested him anyway. They charged our client with Violating Protection Order.

We demanded a jury trial. Before the trial, the prosecution made an offer for a plea agreement, but our client rejected it. A jury trial was held, and the evidence showed our client likely did not know his ex-wife was present at the restaurant. The jury returned a verdict of Not Guilty.

DUI/OVI with Alcohol, Marijuana, and Accident Reduced. Our client was involved in a one-car accident. Police officers responded to the accident scene and suspected our client was under the influence. The officers had our client perform field sobriety tests. The officers then arrested our client, and our client submitted a urine sample. The urine test results showed an alcohol level of .22 and a THC level of 26.97 ng/ml. Our client was charged with Failure to Control. OVI ‘Impaired’, and two counts of OVI ‘per se’.

We entered a plea of Not Guilty and reviewed the evidence. That review led to two conclusions. First, there was a legitimate question regarding whether the officers were justified in detaining our client for field sobriety testing. Second, the urine test result was likely inadmissible due to a lack of compliance with the Ohio Revised Code and the Ohio Administrative Code. Based on those issues, we filed a motion to suppress evidence. Rather than litigate the motion, the prosecution dismissed the charge of Failure to Control, dismissed both charges of OVI ‘per se’, and amended the remaining charge of OVI ‘impaired’ to a non-moving violation.

MAY, 2026

Expungement Granted for Underage Alcohol Possession. Our client was charged with Underage Alcohol Possession and possessing a fake identification. Our client completed a diversion program, and the case was dismissed. After our client turned 21, we filed an application to have the case records expunged. The judge held a hearing and granted our application. The case is no longer on our client’s record, so our client will begin his career without the stigma of a criminal conviction.

DUI/OVI Amended to No-Points Offense. A police officer observed that our client’s vehicle did not have an illuminated license plate light. The officer stopped our client and noticed our client was very talkative, smelled like alcohol, and had watery eyes. The officer also observed our client was very talkative and admitted drinking alcohol. The officer conducted field sobriety tests and also administered a portable breath test which showed an alcohol level of .129. The officer arrested our client. A breath test at the police station showed an alcohol level of .098. The officer charged our client with OVI and a license plate light violation.

We contested the case and reviewed the discovery. The discovery showed the officer observed no moving violations or other indications of intoxication while our client was driving. It also showed our client did not appear to have any problems with mental processing or physical coordination. The portable breath test was not admissible as evidence, and the admissibility of the second breath test was questionable. The prosecution ultimately dismissed the license plate light violation and amended the OVI to a no-points traffic offense.

DUI/OVI Reduced to Non-Moving Violation. Our client was stopped, leaving a casino parking lot, for driving at night with no lights. The officer observed signs of possible intoxication, so the officer had our client perform sobriety tests. Our client was arrested and charged with OVI, as well as a headlights violation.

We reviewed the prosecution’s evidence and concluded the evidence against our client was somewhat strong, but a trial could go either way. We filed a Demand for Jury Trial. Rather than having a trial, the prosecution dismissed the headlights violation and reduced the OVI to a non-moving violation.

Suppressed Evidence Leads to DUI/OVI Dismissal. A police officer stopped our client for driving the wrong way on a one-way street and failing to use a turn signal when making a turn. The officer smelled the strong odor of an alcoholic beverage and saw our client had glassy/bloodshot eyes. Our client acknowledged drinking two beers. The officer administered field sobriety tests and arrested our client. Our client refused a breath test. The officer charged our client with OVI and imposed a one-year Administrative License Suspension for the breath test refusal.

We contested the case and obtained discovery. The discovery revealed an issue with the officer’s justification to detain our client for sobriety testing. We filed a motion to suppress evidence, and the judge held a hearing on the motion. The judge concluded the officer did not have a reasonable suspicion our client was under the influence at the time the officer further detained our client. The judge suppressed all evidence obtained after that further detention, and the OVI was dismissed.

APRIL, 2026

DUI/OVI with Blood Test and Refusal Dismissed for CDL Holder. Our client, a commercial driver, was involved in a one-car accident. Officers responded to the scene of the accident. The officers observed our client had hit the windshield and had a bloody nose. Our client was transported to the hospital, and the officers met with our client in the hospital room. The officers asked our client to submit to a blood test, and our client refused. The officers obtained a search warrant and had our client’s blood drawn. A blood test showed an alcohol level of .278. Our client had a prior OVI conviction within the last 20 years, so our client was charged with OVI ‘Test Refusal with Prior Conviction’. Our client was facing 20-180 days in jail, a driver’s license suspension for up to seven years, vehicle immobilization, and disqualification of his commercial driver’s license (CDL).

We contested the case. We learned that the search warrant did not particularly describe what as to be seized (blood), and we filed a motion to suppress the blood test. The prosecution conceded the blood test was inadmissible. We then filed a motion to dismiss the OVI ‘Test Refusal with Prior Conviction’ charge based on Constitutional grounds. A case from the United States Supreme Court, Birchfield v. North Dakota, held it is a violation of the Fourth Amendment to criminalize the refusal of a blood test. The OVI was completely dismissed.

Shoplifting Case Dismissed. As our client was nearing the exit of a department store, our client was approached by an employee and accused of shoplifting. Following a brief conversation, our client went home. A police officer went to our client’s home, arrested our client, and charged our client with Theft.  We appeared in court on our client’s behalf and requested that the case be screened for a diversion program. Our client was approved for diversion and completed the requirements of the program. We returned for a second court appearance, and the case was dismissed. Our client is now eligible to have the case records expunged.

Record Sealed for Felony Convictions. Our client was convicted of three felonies in two separate cases. In one case, the convictions were for Forgery and Receiving Stolen Property. In the other case, the conviction was for Attempted Tampering With Evidence. Our client wanted to have the case records sealed because the convictions were appearing in background checks.

We filed an application to seal the records for both cases, and the court scheduled a hearing. The prosecution objected to having the records sealed for one of the cases, arguing our client had not paid restitution to the victim in that case. At the hearing, we were able to demonstrate our client did, in fact, pay restitution. The judge granted our applications and sealed the records for both cases.

DUI/OVI with Accident and Breath Test Reduced. Our client was involved in a two-car accident and did not remain at the scene. A police officer observed our client inside a car which was inoperable. The officer determined our client was involved in the collision and observed signs that our client was intoxicated. The officer administered field sobriety test and arrested our client. Our client took a breath test, and the result was .153. Our client was charged with OVI ‘per se’, but the ticket did not include charges of OVI ‘impaired’ or Hit-Skip.

We attended the arraignment and entered a plea of Not Guilty. We obtained discovery from the prosecution, but the discovery was incomplete. We filed a motion to suppress the breath test and scheduled a hearing on that motion. By the time of the hearing, the discovery still had not been completed, and the government did not amend the ticket or file a new ticket. The prosecution ultimately reduced the charge of OVI to a charge of Reckless Operation with no driver’s license suspension.