My name is Robert Healey and I am a lawyer that limits his practice to DUI or OVI defense in southwest Ohio. Ohio’s DUI law is codified in O.R.C. section 4511.19. Currently, I manage the DUI office in Dayton, Ohio, where I attended law school. This blog is written by me to help potential clients in the Dayton area that have been charged with a DUI.
Ohio’s DUI statute is 4511.19. This is from the Ohio Revised Code, or O.R.C.
The best way to avoid a conviction for DUI is to avoid drinking alcohol or consuming drugs, and driving. However, if you are cited for this offense the next option is negotiation.
Negotiation of a DUI offense in Dayton, Ohio, is where your lawyer will ask the prosecutor to amend the charge from a DUI or OVI to physical control or reckless operation.
This is a good reason to hire a lawyer. A prosecutor is not likely to negotiate with someone who does not have a lawyer.
Note: it is not the best idea to accept a plea to an amended charge if your lawyer tells you there is a defect in the state’s case. This needs to be carefully evaluated before accepting or rejecting an offer from the prosecutor.
Your last and best defense to a DUI / OVI in violation of O.R.C. 4511.19 is always the best lawyer you can afford. This means someone knowledgeable, experienced, and able to best represent you given the unique facts of your case.
Take Kettering Municipal Court for example. You need a lawyer that can tell you that the Judge’s there will not always grant driving privileges before the end of the case, especially on a refusal. Kettering also requires you to file for driving privileges and any appeal of the license suspension at the civil desk and pay a fee.
Kettering Municipal Court does not have form appeals or requests for privilege,s so your lawyer will have to draft one for you. One benefit to Kettering is that the Prosecutors and Judges are very open and welcoming to lawyers and will speak openly about the facts of the case before going into court.
If you are not given a plea offer there is always the option to fight the case. This is done at various motion hearings and trials.