Criminal Defense
DUI/OVI Defense
A conviction for an Ohio DUI / OVI has many consequences. The sentence for a DUI / OVI conviction is detailed in the ‘DUI / OVI Sentences’ page. That sentence always includes jail time or a driver intervention program, a license suspension, a fine, court costs, and a license reinstatement fee. The sentence may also include yellow license plates, vehicle immobilization or forfeiture, secure continuous remote alcohol monitoring (S.C.R.A.M.), and an ignition interlock device, as well as probation and drug/alcohol treatment. There are also collateral secondary consequences of a DUI / OVI conviction. In addition to all of those potential consequences, a conviction for DUI / OVI will result in six points being assessed to your driver’s license. If you are facing a DUI / OVI case in a central Ohio court and are concerned about the points, consider hiring a Columbus DUI / OVI lawyer.
Ohio B.M.V. Points System
If you have an Ohio driver’s license, and you are convicted of a moving offense, the court in which you are convicted assesses points to your driver’s license. The court forwards information regarding the conviction to the Ohio Bureau of Motor Vehicles (B.M.V.). The B.M.V. maintains records of convictions and their associated points. If you accumulate six or more points on your license within two years, the B.M.V. sends you a warning letter. If you accumulate 12 or more points within two years, the B.M.V. sends you a letter giving you notice that your license is being suspended for six months. You can appeal the 12-point suspension. If you do not appeal, or if you do not win the appeal, your license is suspended for six months. If your license was suspended for any of the offenses that resulted in some of the 12 points, you get credit for that suspension toward the six-month suspension. You may also be able to obtain limited driving privileges during the six-month suspension. Following the 12-point suspension, you will be required to re-take the driver’s license examination, and you will be required to file proof of insurance (an SR-22) with the B.M.V.
O.V.I./D.U.I. | 6 points |
Vehicular Homicide/Assault | 6 points |
Fleeing/Eluding Officer | 6 points |
Hit-Skip | 6 points |
Street Racing | 6 points |
Driving Under Suspension | 6 points |
Unauthorized Use of Vehicle | 6 points |
Felony involving vehicle | 6 points |
Underage O.V.I | 4 points |
Reckless Operation | 2/4 points |
Speed (30 or more over limit) | 4 points |
Speed | 0-2 points |
Other moving violations | 2 points |
To avoid points for a DUI / OVI charge, you must get the charge dismissed, reduced, or amended to an offense that is not a DUI / OVI. For example, if the charge is reduced to a Reckless Operation, only two or four points are assessed. If the charge is amended to Physical Control, no points are assessed. Prosecuting attorneys have the authority to amend and reduce charges. In most cases, however, the default position of the prosecutor is to NOT amend or reduce the DUI / OVI charge. Typically, the way to convince a prosecutor to amend or reduce charges is to illustrate for the prosecutor that there is a reasonable chance that you will be found not guilty of the DUI / OVI if you have a trial. To do this, you must contest the DUI / OVI, and you will need a DUI / OVI attorney who has experience with the DUI / OVI court process and DUI / OVI investigations, as well as expertise regarding DUI / OVI evidence, such as the breath test, blood test, urine test, and field sobriety tests.
Our practice is focused on DUI / OVI defense, and we represent clients charged with DUI / OVI in Columbus and Central Ohio. For more information about our practice, please see the firm overview. You can also read what our clients say and review our past case results. We limit the number of cases we accept so we can provide outstanding service to our clients. If you would like to discuss how we can help with your DUI / OVI case, EMAIL US or call us at 614-717-1177 to arrange a free consultation.