David C. Sheldon is an experienced Criminal Defense Trial Attorney specializing in OVI Charges.

Our Law Firm has over 32 years experience winning OVI cases. Attorney Sheldon, a former prosecutor, knows how to make the system work for you!

AVVO top attorney OVI-DUI Superb 10.0 Rating

On any DUI or OVI matter, we are available 24 hours a day, 7 days a week. 
If you have been charged or arrested for a DUI crime, call us at 330.723.8788 or contact the firm online to schedule your FREE consultation today. Proven Results!  See our OVI case highlights

What are the next steps you need to take when you have been charged with DUI-OVI?

National College for DUI Defense Attorney David C. SheldonFirst, call an experienced OVI/DUI attorney and set up an appointment as quickly as possible. There is a limited time period to make objections and file motions on your behalf!

Second, write down names and telephone numbers of any witnesses who were with you before or during your arrest who may be able to assist you in the defense of the OVI charge(s). Remember, there will almost always be two OVI charges if you are arrested and subsequently test .08 BAC or higher on the breathalyzer machine (or provide a positive urine or blood test result).

Why are there two OVI charges for one arrest?
Under Ohio law, the officer can charge you with Operating a Vehicle Under the Influence of Alcohol or Drugs, or a combination of them, based on the officer’s observations of your driving, your appearance at the scene, and your performance on field sobriety tests. If the officer believes your ability to operate the vehicle is noticeably impaired by alcohol, then he/she may arrest and charge you with OVI.

Once you are arrested and back at the station, if the officer asks you to submit to a breath test (or blood or urine test) and you test .08 BAC or higher (or its equivalent for blood or urine), then the officer will charge you with second OVI charge, for failing the test, based on you having a prohibited concentration of alcohol or drugs in your breath, blood or urine. Thus, you can be charged for two separate OVI offenses: one for impaired driving due to alcohol and/or drugs, the other for driving with a prohibited concentration of alcohol and/or drugs in your blood, breath or urine.

Third, do not speak with the arresting officer if that officer contacts you for a follow-up statement. He or she is only looking for more evidence to use against you. Once you have been arrested and charged, you are entitled to the advice of counsel before any further questioning by the officer. You have the right to remain silent! Use it!

Fourth, make sure you have proof of insurance for the vehicle you were operating so you can apply for driving privileges as soon as you are eligible. Typically, on a first offense OVI in ten years, and you test .08 BAC or higher, you are eligible for driving privileges fifteen days following your arrest. If you refused to take the breath test, or refused to submit a urine sample or blood sample, then you are eligible for driving privileges after the first thirty days following your arrest.

Medina OVI Attorney has tried hundreds of cases in Medina Municipal Court, Medina County Court, Cuyahoga County Court and Wadsworth Municipal Court.

David C. Sheldon AVVO Top Attorney OVI-DUI Superb 10.0 RatingAt our Medina law firm, David C. Sheldon, a former Medina and Cuyahoga county prosecutor, is familiar with the strategies and tactics used by the prosecution and law enforcement. He knows the importance of taking swift action because there is a limited time period to make objections and file motions on your behalf.

Mr. Sheldon has over 32 years of experience to effectively and aggressively defend you on any drunk driving offense in Ohio. David C. Sheldon is highly rated by his peers and has achieved a rating of excellent from these organizations:  National College for DUI Defense, AV Preeminent Martindale Hubbell, Avvo,  Ohio Association of Criminal Defense Lawyers and Top 100 National Trial Lawyers.

Proven results - our law firm has successfully litigated DUI cases all over Northeast Ohio. See our OVI Case Highlights

We primarily try DUI-OVI cases in Medina, Cuyahoga, Summit, Lorain, and Wanye counties and have tried hundreds of cases in the following municipal courtrooms: Medina, Brunswick, Barberton, Wadsworth, Strongsville, North Royalton, Akron and Cleveland.

 

 

 

What happens if you are convicted for an OVI in Ohio?

In Ohio, you can be convicted of driving under the influence if:

  • You have a blood alcohol concentration (BAC) level of 0.08 or higher
  • You are under the age of 21 and have a BAC level of 0.02 or any detectable amount of alcohol
  • You are a commercial driver with a BAC of 0.04 or higher

If you are arrested for an OVI in Ohio, you face charges that can be more serious than some felonies. Consequences increase in severity with repeat OVI DUI offenses. You can end up with a criminal record. Here are the penalties you face if you are convicted for a first time OVI:

First Ohio OVI (DUI) conviction

This is a misdemeanor of the first degree charge

  • Jail - three days (or three days in driver intervention program) up to six months
  • Administrative driver’s license suspension - ninety days (BAC test) or one year (refusal)
  • Court imposed Driver’s license suspension – one (formerly six mos.) to three years
  • Fines - $375 to $1,075
  • License reinstatement fee - $475
  • Optional unlimited driving privileges w/ignition interlock device (see OVI Consequences)
  • Six points

OVI Frequently Asked Questions

Q. Will I go to jail for my first OVI in Ohio?

A. On a first offense in the past 10 years or first offense lifetime, no, you will not go to jail as long as you attend an approved driver intervention program. However, you will still face a mandatory fine up to $1,075 and a license suspension of one to three years. Also, OVIs cannot be sealed. If you are charged with a second offense or higher OVI in ten years, then you face a minimum mandatory jail time of ten days or higher, depending on the number of prior OVI offenses and whether you took the breath test or refused.

 

Q. What type of license suspension can I receive for being CHARGED with an OVI in Ohio?

A. The initial suspension you receive is called an Administrative License Suspension (ALS) and is imposed by the Ohio BMV (**NOTE: This suspension is separate from and independent of any future judicially imposed suspension upon conviction). The arresting officer is an agent for the BMV and seizes your license upon a positive breath test (.08 BAC or higher) or positive urine (.11grms or higher per 100ml) or blood test (.08 or higher whole blood, or .096 or higher blood serum or plasma), or upon a refusal to submit to a breath test. The length of the (ALS) suspension depends on whether you have prior offenses in the past 10 years.

If it is a first OVI offense in ten years, then you will receive a 90-day ALS suspension on a positive test (one year if you refuse). If you have a prior OVI offense in 10 years, you will receive a one-year ALS suspension on a positive test (two years for refusal). If it is a third offense in 10 years, a two-year ALS suspension on a positive test (three years for refusal) will be imposed.

 

Q. What license suspension will I receive if I am CONVICTED of an OVI?

A. Again in Ohio, this answer depends upon whether you have prior OVI convictions. On a first OVI offense in ten years, it is a 1 to 3-year license suspension upon conviction. On a 2/10 yr. OVI offense, you will receive a 1 to 7-year license suspension. On a 3/10 yr. OVI offense, the suspension is 2 to 12-years.

 

Q. When is the ALS license suspension over?

A. The Ohio ALS suspension ends upon one of the following events: expiration of the term, i.e., 90 days after your arrest and positive test on a 1/10 OVI offense, you can go to the BMV and obtain a new driver’s license with proof of insurance and payment of the reinstatement fee ($475); conviction (sentencing) for the OVI offense following a no contest plea, or upon a guilty plea and certification of that guilty plea to the BMV (the clerk of court will have to transmit the guilty plea notification electronically or in writing to the BMV).

Some municipal courts will not terminate the ALS suspension following a guilty plea to OVI but will instead wait until sentencing to terminate the ALS. You will receive credit for the time you were under the ALS suspension against the judicially imposed suspension at sentencing. For example, if it was a 1/10 OVI offense and you refused, you would have received a one-year ALS suspension.

If eight months and five days have elapsed at the time of your sentencing, you will receive a credit of 8 months and five days against your 1 – 3-year judicial suspension. Finally, you may be able to successfully challenge the imposition of the ALS suspension by filing an ALS appeal through your attorney. There are certain requirements that must be met for the ALS suspension to be effective.

 

Q. How soon can I get driving privileges?

A. In Ohio, on a first offense in 10 years, you are eligible for driving privileges after the first fifteen days following arrest if you took a breath test and tested .08 BAC or higher. If you refused on a 1/10 offense, you have to wait thirty days following your arrest to obtain privileges. On a 2nd in 10 years OVI offense, you are eligible after 45 days on a positive test or 90 days on a refusal. On a 3rd in 10 years OVI offense, you are eligible after 180 days on a positive test or one year on a refusal.

 

Q. What do I do if the police impound my car and won’t release it?

A. Ohio police are required to seize your vehicle and impound it on a 2nd or greater OVI offense in 10 years. You can file a motion to release your vehicle at your initial appearance on the charge, which must occur within five days of your arrest. However, the court has discretion not to release the vehicle.

If your vehicle remains impounded, you should file a motion to transfer immobilization of your vehicle to your residence or another location designated by the court to avoid storage fees which can range anywhere from $20/day to $35/day. If convicted of the offense, the court is required to order a 90-day immobilization of your vehicle at sentencing.

If your vehicle has been impounded since the original seizure, you will receive credit for that time against the 90 days ordered at sentencing. On a 3/10 OVI offense, your vehicle will be forfeited to the State of Ohio upon conviction unless you can show you are not the owner of the vehicle or the State, via the prosecutor, fails to properly notify you by written notice or sending you a copy of the uniform ticket seven days in advance of the forfeiture hearing of the possibility of forfeiture.

 

Proven Results - OVI - DUI Case Highlights

State v. ES - Medina Township Officer pulls over client for driving over and across white fog line; smells odor of alcohol; client admits to drinking 3-4 Rolling Rocks over 3 hours; Standardized Field Sobriety Tests; arrested and charged with OVI; blows .083 BAC; client's pharmacologist expert testifies at hearing that machine gave false reading due to client's diabetes (increasing BAC reading) and unreliable blow due to extended length of blow (32 seconds) State agrees to dismiss OVI in exchange for marked lanes violation (mm) and client attend 3 day school
State v. MK - Berea PD responds to crash scene; client rear-ended another vehicle; drugs found outside client's vehicle on ground in pill vial; Standardized Field Sobriety Tests; client lies about knowledge of drugs; client arrested & charged w/ Obstruction of Official Business (M2), Poss of Drugs M1, OVI & OVI refusal w/ prior in 6 years; ACDA; Fail to Control State dismisses all charges except two minor misdemeanors; fines and costs assessed
State v. JG - OSHP Trooper stops car for speeding; Standardized Field Sobriety Tests; strong odor of alcohol; bloodshot eyes; arrested for OVI; refuses breath test Reduced to reckless op (minor misdemeanor); fines and costs assessed
State v. CS - OSHP Trooper stops client for speeding; smells marijuana; searches car and client; none found; Standardized Field Sobriety Tests; arrested and charged w/ OVI marijuana; positive urine test for marijuana over prohibited amount; motion to suppress granted State dismisses OVI; client pleads to speeding (Minor Misdemeanor)
State v. RC - Officer claims client almost struck him head-on going opposite direction; odor of alcohol at scene; client refuses to do SFSFs at scene; taken to OSHP Post; Standardized Field Sobriety Tests done; refuses BAC; charged w/ OVI and marked lanes violation State agrees to dismiss OVI for plea to marked lanes & 3 day Driver Intervention Program
State v. SL - Officer follows client for 3.5 miles thru winding development & several turns before pulling him over for no turn signal; client admits to drinking 2-3 beers; Standardized Field Sobriety Tests; .087 BAC Jury trial; found not guilty and discharged
State v. FB - Officer stops client for burned out taillight; officer. smells strong odor of alcohol, client admits to 3 drinks; client refuses field sobriety tests & BAC; charged w/ OVI & OVI w/ prior refusal in 20, equipment violation; State dismisses OVIs; client pleads to equipment violation & does 3 day Driver Intervention Program
State v. A.I. - Police stop client for OVI; search car and seize handguns; client arrested for Felony 4 Improper Handling of Firearms in Motor Vehicle prosecutor reduces to misdemeanor. Carry Concealed Weapons; guns forfeited; client receives probation
State v. Z.R. - Trooper stops client for speed; smells alcohol; bloodshot eyes; fails SFSTs; arrested for OVI; refuses BAC prosecutor reduces to minor misdemeanor reckless op.
State v. D.Z. - client stops and picks up drunk lying in middle of road; returns him to party; passerby calls 911; Seville officer stops client based on 911 call; smells alcohol; bloodshot eyes; fails SFSTs; arrested for OVI tests over .08; motion to suppress filed; motion granted; State dismisses OVI
State v. D.K. - .; Trooper stops client for marked lane viol.; smells alcohol; bloodshot eyes; fails SFSTs; BAC over .08; arrested for OVI; motion to suppress filed State dismisses OVI; client pleads to marked lanes & agrees to 3 day Driver Intervention Program
State v. D.B - Trooper finds car in ditch on New Year's morning; no one inside; runs plate; obtains physical description of client and puts out Be On the Looking Out via dispatch; sheriff finds client 1.5 miles away walking alongside Rte. 18; takes into custody; sheriff smells alcohol, speech slurred; client refuses FSTs; arrested for OVI with prior with in 6 yrs. & refusal motion to suppress filed; prosecutor dismisses OVI; client pleads to hit/skip
State v. J.B. - client backs car up on side street and pulls back into bar parking lot; Hinckley officer stops him in lot; smells alcohol; client's wife had been drinking; client denies alcohol consumption; fails FSTs; tests under .08; arrested for OVI motion to suppress filed; court grants motion; OVI pending dismissal
State v. G.G - client found behind wheel stopped in right lane on I-271; Trooper thinks client is drunk; fails SFSTs; arrested for OVI with prior in 20 w/refusal; medical records show client with history of seizures OVI dismissed; pleads to minor misdemeanor slow speed
State v. JW - client stopped for marked lanes; SFSTs; OVI; .156 BAC; charge reduced to reckless op; fine and costs; terminate ALS
State v. LS - OSHP traffic stop at construction site on state route; HGN 6/6; 65 year old male; odor of alcohol; .076 BAC; OVI dismissed; client pleads NC to lane violation
State v. NF - client stopped for no license plate light; odor of alcohol; removed from car for SFSTs; refused BAC; motion to suppress filed; state dismisses OVI; client pleads NC to equip. violation;
State v. Comisak - client arrested for OVI; .076 BAC; SFSTs; motion to suppress filed; OVI charge dismissed; client pled to marked lane violation
State v. Bolender - OSHP arrests client for OVI; 6/6 HGN; refused SFSTs; motion to suppress filed; OVI charge dismissed; client pled to marked lane violation
State v. Lenart - client arrested for OVI; officer cited wrong code; client pled NC to charge; found not guilty
State v. John Doe - client stopped for marked lane violation; Medina officer smells alcohol; client admits to drinking earlier; SFSTs done improperly; client arrested for OVI; refuses BAC; motion to suppress filed state dismisses OVI in exchange for NC plea to marked lane violation
State v. Nemcek - deputy sheriff stops client for "suspicious vehicle;" odor of alcohol; admission to consumption; SFSTs; client arrested for OVI; client refuses BAC test; motion to suppress filed; court grants motion to suppress OVI charge dismissed
State v. Butler - Montville officer stops client for running stop sign; smells marijuana; searches car and finds pot; SFSTs administered; client does poorly; blood drawn; positive result; client arrested for OVI/BAC; motion to suppress filed; court grants motion all charges dismissed
State v. Prochko - state trooper stops client for no turn signal; smells alcohol; client admits to two drinks; performs SFSTs; client arrested for OVI; BAC .104; motion to suppress filed; court orders SFSTs suppressed and BAC state dismisses OVI; client pleads NC to no turn signal
State v. Nameth - client calls 911 while sitting in car in driveway to report abusive husband; deputy arrives and performs HGN on her while sitting in vehicle with engine running; observes 6/6 clues; arrests client for OVI; motion to suppress granted; State dismisses complaint
State v. Clark - Trooper stops client for speeding; smells alcohol and observes bloodshot glassy eyes; performs field sobriety tests; Trooper also smells marijuana; arrests client for OVI; client blows .046 BAC; client refuses urine sample; motion to suppress filed State agrees to dismiss OVI in exchange for plea of no contest to speed
State v. Bauer - Client involved in one-car accident on curvy road; OSHP Trooper arrives; performs HGN; 6/6 clues; arrested for OVI; blood taken at hospital; motion to suppress filed re test results; prosecution unable to prove compliance testing; OVI charge dismissed; client pleads NC to minor misdemeanor failure to control.
State v. Archer - township police respond to noise complaint at night; police enter client's enclosed backyard; knock on door to wooden shed, enter without consent; seize evidence allegedly in plain view; client charged with misdemeanor offense; motion to suppress filed; prosecutor agrees to dismiss charge at state's cost
State of Ohio v. Andrukat - client charged with OVI/OVI BAC; improper high beams; motion to suppress granted; State dismissed OVI charges; client pled to minor misdemeanor high beam traffic offense
State of Ohio v. Ovall - co-counseled case with Attorney William LeFaiver; client charged with OVI/OVI BAC .222gr/dl; marked lanes; motion to suppress granted; State dismissed OVI charges; client pled NC to marked lanes minor misdemeanor traffic violation
State v. Zablocki - OVI Sobriety Checkpoint stop and arrest; client charged with OVI; motion to suppress granted; prosecutor dismissed all charges