Ohio DUI and DWI Legal Questions

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31 legal questions have been posted about dui/dwi by real users in Ohio. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include criminal law, theft, and weapons charges. All topics and other states can be accessed in the dropdowns below.
Ohio DUI and DWI Questions & Legal Answers
Do you have any Ohio DUI and DWI questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 31 previously answered Ohio DUI and DWI questions.

Recent Legal Answers

Can a physical control charge stick if the vehicle was no running and keys was outside the car?

Answered 8 years and 4 months ago by John George Galasso (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
In Ohio, physical control means the car can be put in operation and the person has control (Behind the wheel); Based on these facts you've described, the keys outside the vehicle does not constitute physical control.
In Ohio, physical control means the car can be put in operation and the person has control (Behind the wheel); Based on these facts you've described,... Read More

Can I get an arrest removed from my record?

Answered 8 years and 5 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
You can file a motion with the trial judge to 'vacate' the earlier judgment, enclosing an affidavit swearing to the true facts, and supplying documentation which supports your assertion. Best to hire a lawyer and try to collect the cost from your sister.
You can file a motion with the trial judge to 'vacate' the earlier judgment, enclosing an affidavit swearing to the true facts, and supplying... Read More

What happens if you get two underage drinking violations?

Answered 8 years and 7 months ago by John George Galasso (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Underage drinking in Ohio penalties is 6 months in jail and up to $1,000.00 fine.
Underage drinking in Ohio penalties is 6 months in jail and up to $1,000.00 fine.

What does this mean if I got a letter in the mail saying a complaint has made against me for underage drinking?

Answered 8 years and 7 months ago by John George Galasso (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You are being charged in juvenile court with underage drinking: You should get a summons from the court in the mail. Ask for a public defender to represent you. Do not admit to anything. Let your attorney work it out for you.
You are being charged in juvenile court with underage drinking: You should get a summons from the court in the mail. Ask for a public defender to... Read More

What kind of trouble is my friend in after receiving her second underage drinking violation in Ohio.

Answered 8 years and 9 months ago by Nicholas Emil Froning (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Well, her situation is not uncommon. What is important is that you speak to an attorney to determine her options and fees and fines associated with this. A phone call is usually something not charged for, depending on the attorney.    Best,   Nicholas Froning
Well, her situation is not uncommon. What is important is that you speak to an attorney to determine her options and fees and fines associated with... Read More
That is up to the discretion of the Prosecutor (Provided by now he has probably already been arraigned). These charges can have a lasting effect either as a juvenile or an adult. Please consult an attorney. 
That is up to the discretion of the Prosecutor (Provided by now he has probably already been arraigned). These charges can have a lasting effect... Read More

What options do I have if I was arrested for OVI?

Answered 9 years and a month ago by John George Galasso (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
I would need to know if they did indeed file the OVI charge; If you were charged then you need an OVI lawyer like me if you are able to hire a lawyer; If not you need to screen for a public defender at your arraignment; Either way you should have a lawyer represent you.
I would need to know if they did indeed file the OVI charge; If you were charged then you need an OVI lawyer like me if you are able to hire a... Read More

Can I be charged with DUI if I was not in the car when officer arrived and no witnesses were around?

Answered 9 years and 2 months ago by John George Galasso (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
That can charge you, but will have a tuff time proving operation of a motor vehicle in court;
That can charge you, but will have a tuff time proving operation of a motor vehicle in court;

Is there any defense for an OVI after police saw me stumble to the car?

Answered 9 years and 5 months ago by John George Galasso (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You need to consult an ovi lawyer, which I am; I cannot advise you without looking at all of the evidence the prosecutor has in his possession
You need to consult an ovi lawyer, which I am; I cannot advise you without looking at all of the evidence the prosecutor has in his possession

i need advise ovi

Answered 9 years and 8 months ago by Nicholas Emil Froning (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Hopefully you were able to get a continuance to look for counsel in this matter, and are seriously considering finding the right attorney to help you through this offense. 
Hopefully you were able to get a continuance to look for counsel in this matter, and are seriously considering finding the right attorney to help you... Read More

How can I clear three DUIs 28 years ago if I have been clear since?

Answered 10 years and 8 months ago by John George Galasso (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
In Ohio, you cannot expunge a DUI; It will always be on your driving record.
In Ohio, you cannot expunge a DUI; It will always be on your driving record.

Will my medical problems come into play in a DUI case?

Answered 10 years and 11 months ago by John George Galasso (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
If you can produce medical documentation then it will help your case.
If you can produce medical documentation then it will help your case.

Can you be charged with DUI if you haven't been driving?

Answered 10 years and 11 months ago by John George Galasso (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
In Ohio, the key element for DUI is operation; If the police did not witness operation and have no other witness to prove operation, then no.
In Ohio, the key element for DUI is operation; If the police did not witness operation and have no other witness to prove operation, then no.

What can I do if I was arrested for OVI?

Answered 11 years and a month ago by Evan T. Engler (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You're going to need an attorney, nothing in this forum will help you as much as hiring an attorney. There are some things you can do here, but everything is dependant upon the exacts facts and circumstances of your case.
You're going to need an attorney, nothing in this forum will help you as much as hiring an attorney. There are some things you can do here, but... Read More

What happens on a second DUI?

Answered 11 years and 9 months ago by Louis Rubenstein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
The fair response depends upon a lot of varying factors, test or no test, high tier or low, priors? Also depends when the prior conviction occurred.
The fair response depends upon a lot of varying factors, test or no test, high tier or low, priors? Also depends when the prior conviction occurred.
If you have no record, you might be able to get out of it totally with no record. Contact a local OH criminal lawyer.
If you have no record, you might be able to get out of it totally with no record. Contact a local OH criminal lawyer.

how do I prove that I was not properly mirandized?

Answered 12 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Police dont have to mirandize you when they arrest you, only if they interrogate you. They can handcuff you, arrest you and jail you without miranda. 
Police dont have to mirandize you when they arrest you, only if they interrogate you. They can handcuff you, arrest you and jail you without... Read More

Can I travel out state even if I'm on summary probation for a DUI

Answered 12 years and 6 months ago by Eric Jon Sterkenburg (Unclaimed Profile)   |   5 Answers   |  Legal Topics: DUI/DWI
You can travel outside of the state when you are on summary probation. If you are traveling to Canada with a misdemeanor DUI, you will not be allowed in by the Canadian customs.
You can travel outside of the state when you are on summary probation. If you are traveling to Canada with a misdemeanor DUI, you will not be allowed... Read More

Should I have received an underage?

Answered 12 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
if you were behind the wheel when found asleep, you may be charged with DUI/DWI, at least in PA.
if you were behind the wheel when found asleep, you may be charged with DUI/DWI, at least in PA.

If we have a home daycare and my son got a DUI, can he still live at home?

Answered 12 years and 10 months ago by Michael J. Breczinski (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
This is something you have to ask the licensing agency about.
This is something you have to ask the licensing agency about.

Miranda Rights never said

Answered 12 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
you need to talk to an ohio lawyer. in pa, as in most states, you are not entitled to be read your Miranda warnings until you are interrogated. they can ask you basic information to arrest you with out these warnings.
you need to talk to an ohio lawyer. in pa, as in most states, you are not entitled to be read your Miranda warnings until you are interrogated. they... Read More

How do I go about getting a DWI expunged from record?

Answered 12 years and 11 months ago by Alexis Anne Plunkett (Unclaimed Profile)   |   12 Answers   |  Legal Topics: DUI/DWI
In Nevada you are eligible to have your record sealed at this point, so long as the DUI is the only charge on your record and you haven't accumulated any additional charges in those 7 years. There is a specific procedure for record sealing that involves getting a copy of your SCOPE from Metro and submitting documents to the District Attorney for review. The process generally takes at least ten weeks to complete. Although you can do it on your own, you are probably better off consulting with an attorney, who can complete the entire process for you.... Read More
In Nevada you are eligible to have your record sealed at this point, so long as the DUI is the only charge on your record and you haven't accumulated... Read More

Can I do jail time instead of DUI class?

Answered 12 years and 11 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   5 Answers   |  Legal Topics: DUI/DWI
Nope. If you don't do the classes you will NEVER get your license back, not to mention be in violation of probation.
Nope. If you don't do the classes you will NEVER get your license back, not to mention be in violation of probation.