OVI Court Processes in Ohio
Your Youngstown OVI lawyer is familiar with the ins and outs of the court system. From the free initial consultation to the final disposition of your case, he will help you understand and navigate it.
There are certain steps that most OVI cases follow in Ohio.
- The traffic stop. A police officer pulls you over for some reason, be it a nonworking taillight or the fact you’re weaving all over the road, or for any other reason.
- The cop asks you some questions and then requests you to perform certain field sobriety tests. He may ask you to take a preliminary breath test, as well.
- You might agree to take the field sobriety tests and breath test, or you might not.
- The officer will arrest you and read you your Miranda rights.
- The officer takes you to the police station.
- The cop reminds you about the implied consent laws in Ohio and what will happen if you refuse to submit to chemical tests.
- One of the officers at the station asks you to take a breath, urine, or blood test.
- You agree to the testing or not.
- If you agree and test over the legal limit, or if you don’t agree to take one, the officer will keep your license and give you a notice that your license has been suspended.
- If you refused the chemical test, the cop may get a warrant that forces you to allow a blood sample to be taken.
- You might be booked into the jail or released with a paper that gives you a date to appear in court.
- Within five days of your arrest, you will appear at your arraignment, which is the first of your court appearances.
- The judge tells you what the charges against you are and what your rights are.
- You plead either guilty or not guilty.
- If you have already been put in jail, you will be told how much your bail is and what other conditions you have to meet to be released.
Regardless of when you are released from custody, you need to immediately hire an attorney. There is still more work that will need to be done on your behalf.
For example, you will need to start the process to appeal your license suspension. This is a time-sensitive process that requires an OVI lawyer to complete. Driver’s license suspensions are civil consequences rather than criminal, and you must request an administrative hearing from the Ohio Bureau of Motor Vehicles within 30 days of your arraignment. Your attorney will examine the form you were given that notified you of the suspension – called an ALS BMV Form 2255 – to make sure it was completed properly. He will also ask you about your arrest to make sure you were notified correctly about implied consent and that there were actual grounds on which to arrest you, and determine if you either did not test over the legal BAC limit or refused to take a breath test because of a physical ailment that would not allow you to successfully complete it, such as asthma or some other lung problem that diminishes your air capacity. It’s very important to begin this process as soon as possible after your arrest.
You will also need to consult with your Youngstown OVI lawyer to create a defense strategy. He will need to hear all the details of the case, no matter how inconsequential, so that he can best advise you. Many times, the same information used during a license suspension appeal can be used in court as part of your defense.
If your attorney is unsuccessful in getting your charges dropped or reduced, he will help you prepare to go to trial.
Though the court system can be confusing, an expert Youngstown OVI lawyer can guide you through it and make your experience as stress-free as possible. Contact Sean Logue at 1-844-PITT-OVI.