Ohio OVI/DUI Defense Attorney
Operating a Vehicle under the Influence (OVI) charges in Ohio carry severe penalties including jail time, license suspension, and permanent criminal record. As an OVI specialist with 5+ years of focused experience, I understand the technical defenses that can make the difference between conviction and dismissal.
First-Time OVI Defense
- ALS (Administrative License Suspension) hearings
- Field sobriety test challenges
- Breathalyzer calibration issues
- Diversion program eligibility
- License reinstatement assistance
First-time offenders face 3 days to 6 months jail time, $375-$1,075 fines, and 1-3 year license suspension.
Repeat OVI Defense
- Mandatory minimum sentencing challenges
- Constitutional rights violations
- Interlock device requirements
- Yellow license plate (party plates) avoidance
- Felony OVI defense (4th offense in 10 years)
Second offenses within 10 years carry mandatory 10 days jail, higher fines, and longer suspensions.
Drug-Related OVI
- Marijuana OVI (legal limit: 2ng/mL blood)
- Prescription drug defenses
- Blood test chain of custody issues
- Drug Recognition Expert (DRE) challenges
- Medical necessity defenses
Ohio's per se limits for controlled substances require specialized toxicology defense.
Why Choose an OVI Specialist?
OVI law is highly technical. From the initial traffic stop justification to breathalyzer maintenance records, every detail matters. General practice attorneys often miss critical defenses. My focused practice means I know the local prosecutors, judges, and court procedures specific to OVI cases across Northeast Ohio courts.
Personal Injury Attorney
When you've been injured due to someone else's negligence, you need an attorney who will fight for maximum compensation while you focus on recovery. I handle personal injury cases on a contingency fee basis—you pay nothing unless I win your case.
Motor Vehicle Accidents
- Car accidents & rear-end collisions
- Truck accidents (FMCSA violations)
- Motorcycle accidents
- Drunk driving accidents
- Uninsured/underinsured motorist claims
Premises Liability
- Slip and fall accidents
- Negligent security
- Dog bites & animal attacks
- Swimming pool accidents
- Construction site injuries
Serious Injuries
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Wrongful death claims
- Broken bones & fractures
- Soft tissue injuries
Ohio Personal Injury Law
Ohio follows a modified comparative negligence rule (51% bar). You can recover damages if you were less than 51% at fault, but your compensation is reduced by your percentage of fault. The statute of limitations is 2 years from the date of injury for most cases. Don't delay—evidence disappears and witnesses' memories fade.
Misdemeanor Criminal Defense
While I specialize in OVI defense, I also represent clients facing all types of misdemeanor charges in Ohio. A misdemeanor conviction can impact your employment, housing, and professional licenses. Fight to keep your record clean.
Theft & Property Crimes
- Petty theft (under $1,000)
- Criminal mischief
- Criminal trespass
- Receiving stolen property
Disorderly Conduct
- Public intoxication
- Disturbing the peace
- Fighting in public
- Inciting to violence
Drug Possession
- Marijuana possession (under 100g)
- Drug paraphernalia
- Abuse of toxic substances
- Diversion program advocacy
Assault & Violence
- Simple assault
- Domestic violence (misdemeanor)
- Menacing
- Telecommunications harassment
Frequently Asked Questions
First, remain silent beyond providing your identification. Do not answer questions about where you've been or what you've consumed. Second, request an attorney immediately—police must stop questioning once you invoke this right. Third, document everything you remember about the stop, tests, and arrest. Fourth, contact an OVI attorney within 24-48 hours—you have only 30 days to request an ALS hearing to save your license. Finally, do not plead guilty at your first court appearance without speaking to a lawyer.
Legal fees vary based on case complexity, prior offenses, and whether the case proceeds to trial. First-time OVI defense typically ranges from $2,500-$5,000, while complex cases or trials may cost $5,000-$10,000+. However, consider the total cost of conviction: fines ($375-$10,000), increased insurance premiums ($3,000+/year for 3-5 years), license reinstatement fees ($475), potential job loss, and permanent criminal record. I offer flexible payment plans and accept credit cards because quality defense is an investment in your future.
Reduction to "physical control" or reckless operation is possible but depends on several factors: (1) Strength of evidence—were field sobriety tests properly administered? Was the breathalyzer calibrated? (2) Your prior record—first-time offenders have better chances. (3) Prosecutor and court—some jurisdictions are more amenable to reductions than others. (4) Aggravating factors—high BAC (.17+), accidents, or injuries make reductions harder. As an OVI specialist, I analyze every case for constitutional violations, procedural errors, and evidentiary weaknesses that create leverage for negotiation.
Ohio imposes an Administrative License Suspension (ALS) immediately upon arrest if you: (1) tested over .08 BAC (.02 for under 21), or (2) refused testing. First-time ALS is 90 days (test over limit) or 1 year (refusal). However, you can challenge this by requesting a hearing within 30 days. If you win the ALS hearing, you keep driving privileges while the case proceeds. Even if suspended, you may qualify for limited driving privileges for work, school, or medical needs after a "hard suspension" period (15 days if tested, 30 days if refused).
Ohio's statute of limitations for most personal injury claims is 2 years from the date of injury. For wrongful death claims, it's 2 years from the date of death. For medical malpractice, it's 1 year from discovery (max 4 years). Exceptions exist for minors (tolls until age 18) and cases involving fraud or concealment. However, do not wait—evidence disappears, surveillance footage is deleted, and witnesses become unavailable. Contact an attorney immediately after seeking medical treatment.
Ohio law uses OVI (Operating a Vehicle under the Influence) as the official term, replacing older terminology. OVI covers both alcohol and drugs. "DUI" (Driving Under the Influence) and "DWI" (Driving While Intoxicated) are colloquial terms still used by the public but not in Ohio statutes. "Physical Control" is a related, lesser offense for being in control of a vehicle while impaired without actually driving. "OMVI" (Operating a Motor Vehicle Impaired) was the previous statutory term. When searching for legal help, use "OVI attorney" for the most relevant results in Ohio.
About TMiller Law
T. Miller, Criminal Defense & Personal Injury Attorney
With 5+ years of dedicated experience defending Ohio residents against criminal charges and fighting for injury victims, I built TMiller Law on a simple principle: every client deserves aggressive, personalized representation.
My practice focuses specifically on OVI defense because I believe one mistake shouldn't define your future. I've helped hundreds of clients avoid jail time, save their driver's licenses, and move past their charges. In personal injury cases, I've recovered substantial settlements for clients injured by negligent drivers and property owners.
Education & Credentials
- Juris Doctor, Cleveland-Marshall College of Law
- Member, Ohio State Bar Association
- 5+ Years Criminal Defense Experience
- OVI Defense Specialist
Courts Served
Serving all Northeast Ohio Courts including municipal courts, county courts, and courts of common pleas throughout the region.