What to Do When Suspected of OVI or DUI in Ohio
Being pulled over under suspicion of operating a vehicle under the influence (OVI) — Ohio's legal term for what most people call a DUI — is a stressful, disorienting experience. Your heart races, your mind races faster, and every decision you make in those next few minutes can have a lasting impact on your case. At Kordalis Law Office, we believe that an informed driver is a protected driver. Whether you're facing your first OVI charge or have been through the process before, understanding your rights and responsibilities during a traffic stop can make all the difference.
Understanding OVI in Ohio
Ohio law prohibits operating any vehicle while under the influence of alcohol, drugs, or a combination of both. Under Ohio Revised Code § 4511.19, a driver can be charged with OVI if their blood alcohol concentration (BAC) is 0.08% or higher for standard drivers, 0.04% for commercial vehicle operators, or 0.02% for drivers under the age of 21. You can also be charged based on impairment alone, even if your BAC falls below the legal limit.
The consequences of an OVI conviction in Ohio are serious. Even a first offense can result in license suspension, mandatory jail time or driver intervention programs, heavy fines, and a permanent criminal record. That's why the steps you take at the moment of a stop are critically important.
Step-by-Step: What to Do During an OVI Traffic Stop
1. Pull Over Safely and Calmly
When you see flashing lights behind you, signal and pull over to the right side of the road in a safe, controlled manner. Avoid sudden or erratic movements. How you pull over is the first thing an officer will observe and document. Turn off your engine, turn on your interior light if it's dark, and place your hands on the steering wheel where the officer can see them.
2. Be Polite — But Know Your Rights
You are required to provide your driver's license, vehicle registration, and proof of insurance when asked. Beyond that, you have the right to remain silent. You do not have to answer questions about where you've been, whether you've been drinking, or how much you've had. Politely and calmly inform the officer that you are exercising your right to remain silent. Avoid being rude or confrontational — it will not help your case.
3. Understand Field Sobriety Tests
An officer may ask you to perform Standardized Field Sobriety Tests (SFSTs), which typically include the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn, and the One-Leg Stand. In Ohio, you have the right to refuse field sobriety tests, and there is no automatic legal penalty for doing so. These tests are subjective, and performance can be affected by fatigue, medical conditions, nervousness, or uneven road surfaces. Refusing these tests eliminates evidence the prosecution may use against you.
4. Chemical Testing: Know Ohio's Implied Consent Law
This is where things become more complex. Ohio's Implied Consent Law means that by operating a vehicle on Ohio roads, you have already agreed to submit to a chemical test — breath, blood, or urine — if lawfully arrested for OVI. Refusing a chemical test after a lawful arrest carries automatic administrative penalties, including a one-year license suspension for a first refusal, which is separate from any criminal OVI charges.
That said, the circumstances of your arrest matter. An experienced OVI defense attorney can challenge whether the stop was lawful, whether the arrest was proper, and whether the testing equipment was properly calibrated and administered. These details can significantly affect your case outcome.
5. Do Not Make Admissions
Avoid saying things like "I only had a couple of drinks" or "I'm fine to drive." Any statement you make can and will be used against you in court. Officers are trained to listen carefully, and even casual conversation can become documented evidence. Stay calm, be respectful, and say as little as possible.
6. Contact an OVI Defense Attorney Immediately
The most important step you can take after an OVI stop — whether you were arrested or simply cited — is to contact a qualified OVI defense attorney as soon as possible. Time is critical. In Ohio, you typically have only 30 days to request an administrative license appeal hearing after a suspension is imposed. Missing this window can cost you driving privileges before your criminal case even begins.
Common Mistakes to Avoid
- Arguing with the officer at the scene — this never helps and can lead to additional charges.
- Posting on social media about your stop, arrest, or the events of the evening.
- Missing court dates or administrative deadlines, which can result in additional penalties.
- Assuming the charges will go away on their own or that the evidence is too weak to matter.
- Trying to represent yourself — OVI law in Ohio is nuanced, and a skilled attorney can identify defenses you may not be aware of.
How an Experienced OVI Defense Attorney Can Help
A knowledgeable OVI defense attorney will review every aspect of your case, including the legality of the initial traffic stop, the officer's conduct and observations, the administration and scoring of field sobriety tests, the maintenance and calibration records of breathalyzer equipment, and the chain of custody for blood or urine samples. Any one of these factors could lead to reduced charges, a dismissal, or a more favorable plea arrangement. The goal is always to protect your rights, your license, and your future.
Facing an OVI Charge? Contact Kordalis Law Office Today.
At Kordalis Law Office, we have extensive experience defending clients against OVI and DUI charges throughout the Dayton, Ohio area. We understand how much is at stake — your driving privileges, your employment, your reputation, and your freedom. You don't have to face this alone.
Don't wait. Call Kordalis Law Office today for a free, confidential consultation. The sooner you reach out, the more options we have to build a strong defense on your behalf. Let us put our knowledge and experience to work for you.