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Trusted Dayton DUI Lawyer

Trusted Dayton
DUI Lawyer

The seasoned Dayton DUI lawyers at Gounaris Abboud have earned a 95% success rate helping thousands of people accused of criminal offenses. When you face DUI/OVI charges in Dayton, OH, we can build a vigorous DUI defense to fight for your future.

We offer:

  • Free consultations
  • 24/7 availability

Call today for immediate help.

Our DUI defense attorneys have the extensive experience necessary to tackle the challenges of your criminal defense. We will listen to you and develop a proven strategy to fight your drunk driving charges.

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50+ years
of combined experience
95%
of successful cases

Award-Winning Dayton DUI Lawyers

A DUI conviction can change everything: your job, your reputation, your freedom, and your future. That’s why you need our experienced Dayton DUI lawyers with deep knowledge of Ohio law and a proven record of success. At Gounaris Abboud, our award-winning team provides aggressive, strategic defense designed to protect what matters most. With law offices in Dayton, Springboro, and West Chester, we fight for clients across Montgomery, Warren, and Butler counties.

Our DUI attorneys in Dayton have earned the profession’s highest distinctions, including a Distinguished rating from Martindale-Hubbell and recognition among Ohio’s Top 100 Super Lawyers. But our proudest achievements are the life-changing results we’ve delivered for our clients.

Contact Gounaris Abboud today for a free case analysis and discover how we can fight for your future.

Types of Ohio OVI and DUI Offenses Our Criminal Defense Lawyers Handle

An OVI (Operating a Vehicle Impaired) charge is the term Ohio uses for impaired driving offenses, replacing terms like DUI (Driving Under the Influence) that are commonly used in other states. It applies to any person who operates a vehicle while under the influence of alcohol or drugs, and penalties vary based on the specifics of the case. Our legal team regularly defends against a wide range of Ohio OVI and DUI offenses, ensuring effective representation and informed guidance:

trusted-traffic-lawyers-in-dayton-ohio

First OVI

You may be charged with a first-time OVI, a misdemeanor, if you operate a motor vehicle on Ohio roads while intoxicated by drugs, alcohol, or a combination of both. You can also be charged with first-offense OVI if your BAC is above the legal limit. You will also likely face an automatic administrative license suspension. If you’re facing this type of charge, working with our first DUI attorney can help you minimize penalties and protect your license.

Second-OVI

Second OVI

Being charged with DUI/OVI in Ohio for a second time will also result in a misdemeanor. In general, a prosecutor can charge you with this crime if you are arrested for OVI and have an OVI conviction on your record that is six or fewer years old. Our knowledgeable 2nd DUI attorney can help you fight repeat-offender penalties and negotiate reduced charges.

penalties-for-underage-ovi-ovuac-in-ohio

Third OVI

A third OVI can be charged in cases where a driver’s current arrest falls within six years of two prior OVI convictions. As with charges related to first and second DUI convictions, a third OVI is a misdemeanor. At this stage, consulting our third DUI attorney is critical to avoid harsher punishments.

underage-ovi-lawyer-in-dayton-ohio

Underage OVI

Underage OVI occurs when a person under the age of 21 is arrested and charged with a DUI. In contrast to OVIs for drivers 21 or older, OVI charges for drivers under 21 are based on a chemical test result of .02% or higher. If your teenager has been charged with OVI or another traffic offense, it’s important to understand the specific Ohio teen driving laws and restrictions that apply to young drivers.

felony-ovi

Felony OVI

If you are arrested for OVI/DUI within six years of three or four prior OVI/DUI convictions, you will likely be charged with felony DUI. You can also be charged with felony DUI for being convicted of five DUI/OVI offenses within 20 years. With a felony on your record, you also face non-criminal consequences related to employment, voting, and more.

dui-with-drugs

DUI with Drugs

You can be charged with a DUI even if you never drink and drive. Drugs, including over-the-counter drugs, illicit drugs, and prescription drugs, can lead to a DUI charge. If you have illicit drugs on you at the time of being arrested, you may also be charged with a drug crime, such as felony 5 drug possession, though the degree of the offense can vary depending on the type and quantity of the controlled substance.

open-container-violations

Open Container Violations

In addition to DUI or OVI charges, drivers can face separate penalties under Ohio’s open container law. This law makes it illegal to have an open container of alcohol in a motor vehicle, even if the driver is not drinking. An open container charge is distinct from an OVI, but it often accompanies a DUI arrest and can increase the overall severity of your case.

Commercial-DUI

Commercial DUI

OVI/DUI rules for commercial drivers, such as truck drivers, ambulance drivers, and school bus drivers, are typically stricter than those for non-commercial drivers. If you are a commercial driver and receive a DUI, you risk both an administrative and criminal license suspension, as well as employment problems for having your license suspended.

dui-sobriety-checkpoints

DUI Sobriety Checkpoints

DUI checkpoints can be legal, but they must be conducted properly. We challenge checkpoints that violate your rights, ensuring that your stop was lawful and that the evidence was obtained legally.

illegal-police-stops

Illegal Police Stops

Were you pulled over without reasonable suspicion? For instance, violating Ohio speed limit laws can give law enforcement probable cause to stop a vehicle. However, the officer must still follow proper procedures before escalating to a DUI or OVI investigation. An illegal stop can lead to the suppression of evidence, including DUI test results. We fight to protect your rights from unlawful police conduct.)

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Get a Free Consultation with an Experienced Dayton DUI Attorney Today — Secure Your Future!

Get a Free Consultation with
an Experienced Dayton DUI Attorney Today — Secure Your Future!

Been charged with DUI in Dayton? Call Gounaris Abboud for help. Once you become our client, we immediately get to work on your defense and fight for your freedom.

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What Is OVI in Ohio?

Every state prohibits driving while intoxicated by drugs, such as prescription medications or cannabis products, as well as alcohol. Whether the state calls the offense DUI vs. OVI does not matter.

An infographic defining OVI in Ohio as either “Impaired Driving” (under the influence or visibly impaired) or a “”Per se” offense” (substance levels over legal limits or BAC of 0.08 or higher

Ohio’s OVI law covers two drunk driving offenses:

  • Driving while under the influence of alcohol, a drug of abuse, or both.
  • Driving with a concentration of drugs or alcohol over the legal limit.

Under OVI ORC section 4511.19, a police officer can make an OVI arrest for either violation. You do not need to violate both sections to violate the DUI law.

To prove the first offense, prosecutors must show that your driving skills were impaired by drugs or alcohol. This evidence usually comes from the arresting officer’s testimony and the dashcam video of you violating a traffic law. It may also include bodycam footage of your field sobriety test.

To prove the second offense, called a “per se offense,” prosecutors need only a failed DUI test result. For example, if a breath alcohol concentration (BAC) test gives a result over 0.08 grams per 210 liters of breath, officers can arrest you.

Notably, because these offenses are independent, you can still be arrested for impaired driving even if your BAC was below the legal limit. Likewise, you can get arrested for a per se offense even if you did not break any traffic laws.

What Are the Penalties for OVI in Dayton, Ohio?

DUI/OVI Defense Lawyers in Dayton, Ohio

The penalties for OVI in Dayton, Ohio, may vary from case to case. Generally speaking, Ohio punishes repeat offenders more harshly than first-time offenders. So, for a first-time OVI charge, Ohio law allows prosecutors to treat the defendant much more leniently than an offender with more than one DUI or OVI conviction.

For example, a DUI conviction requires jail time. But there are alternatives to jail time, and an OVI lawyer in Dayton, Ohio, can fight for them if it’s the offender’s first DUI offense. However, someone with a prior OVI conviction may not avoid time behind bars.

The state legislature recently increased the fines for an OVI conviction. The minimum fine for a first OVI offense is $565, with the fine increasing with the severity of the offense.

In all cases involving DUI/OVI in Ohio, defendants face not only significant criminal law penalties but serious administrative penalties as well. Perhaps the most significant administrative penalty is the suspension of a driver’s license. The Ohio Bureau of Motor Vehicles has the authority to take almost immediate action to suspend your license under the following circumstances:

Can You Refuse a Field Sobriety Test in Ohio?

Yes, you can refuse a field sobriety test in Ohio without facing an automatic driver’s license suspension by the Ohio BMV. The lack of a failed field sobriety test might help your DUI defense.

However, Ohio is an implied consent state, meaning all drivers are deemed to have given consent to a chemical test. In Dayton, refusing a chemical test after a suspected OVI arrest comes with separate penalties on top of any potential consequences from the charge itself.

You could face an au driver’s license suspension, the length of which varies depending on the offense.

  • First offense refusal: One-year administrative license suspension.
  • Second offense refusal (within ten years): Two-year administrative license suspension.
  • Third or subsequent offense refusal (within ten years): Three-year administrative license suspension.

Refusing a chemical test within 20 years of a prior OVI conviction is a separate misdemeanor offense punishable by criminal charges. You could face three mandatory days in jail (up to a maximum of six months) as well as fines and court costs.

What If Your BAC Was Too High?

In Ohio, the legal blood alcohol level for adults 21 years old and older is .07% and below. If you test at .08% or above, the BMV can suspend your license.

Keep in mind that the acceptable BAC (blood or breath alcohol concentration) for commercial drivers is much lower than the acceptable BAC levels for non-commercial drivers. Commercial drivers may not have a BAC of .04% or higher when operating any vehicle, even if it is not a commercial vehicle.

Additionally, drivers who are under the age of 21 cannot legally consume alcohol in Ohio. Hence, the acceptable BAC for those under 21 is .02%.

Offense Level Jail Time Fines License Suspension Additional Penalties
First Offense (First-Degree Misdemeanor) Between 3 days and 6 months Between $565 and $1,075 1 to 3 years Driver’s intervention program, treatment/education program.
Second Offense Within 10 Years of the Previous (First-Degree Misdemeanor)
  • Between 10 days to 6 months (BAC between .08 and .16)
  • Between 20 days and 6 months (BAC of .17 or higher)
Between $715 and $1,625 1 to 7 years Vehicle immobilization for 90 days, house arrest with electronic monitoring, continuous alcohol monitoring, and addiction assessment.
Third Offense Within 10 Years of the Previous (Misdemeanor)
  • Between 30 days and 1 year (BAC between .08 and .16)
  • Between 60 days and 1 year (BAC of .17 or higher)
Between $1,040 and $2,750 2 to 12 years Vehicle forfeiture, house arrest with electronic monitoring, continuous alcohol monitoring, and addiction services.

Are You Facing OVI Charges inDayton, OH?

Contact our team of Dayton DUI lawyers to fight the charges you are facing. Contact our law firm for a free consultation.
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Don't Wait  — Act Now!

Don't Wait — Act Now!

Take swift action to defend against the charges you are facing. Don’t delay, or your case and your defense may suffer. Contact our experienced Dayton DUI lawyers for a free consultation and learn how we can help.

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Does My License Get Suspended After a DUI Offense in Ohio?

Yes. A DUI arrest in Ohio, also known as an OVI (Operating a Vehicle Under the Influence) under Ohio Revised Code § 4511.19, typically results in both criminal penalties and an administrative license suspension.

An administrative license suspension is an automatic suspension imposed by the Ohio Bureau of Motor Vehicles (BMV) regardless of the court’s final decision. The length of the suspension depends on whether it’s your first offense and if you submitted to a chemical test (breathalyzer or blood test).

Possible administrative suspension lengths for your first offense depend on several factors:

  • Refused chemical test: One-year suspension.
  • Submitted to a chemical test (BAC under 0.15): 15-day suspension (waivable for first-time offenders); 45-day suspension plus mandatory ignition interlock device for those with a prior physical control conviction in the past 10 years.
  • Submitted to a chemical test (BAC over 0.15): Three-day suspension followed by a 15-day restricted driving permit (requires an ignition interlock device).

If you are convicted of a second offense within ten years, you could face a one to seven-year suspension regardless of a chemical test.

A third offense within ten years could result in a two to twelve-year suspension regardless of a chemical test.

In addition to the administrative suspension, the court may impose a further license suspension as part of your sentence. The length of this suspension will depend on the severity of the offense and your prior record.

Our Dayton DUI attorneys can present a strong, personalized defense against your charges. It’s crucial to consult with our OVI attorney to understand the specific consequences you might face based on your unique circumstances. Don’t wait. Contact Gounaris Abboud today for a free consultation.

When Does a DUI Become a Felony in Ohio?

When Does a DUI Become a Felony in OH?

A DUI becomes a felony in Ohio if you are convicted of a fourth DUI offense within ten years or a sixth DUI offense within 20 years. Both are fourth-degree felonies with consequences including 18 months in prison, fines, and potential driver’s license suspensions for up to three years.

An important point to remember is Ohio’s “once a felony, always a felony” rule for DUI offenses. This means that any subsequent DUI offense after a felony conviction will be charged as a third-degree felony, which comes with severe penalties, including a longer prison sentence.

For this reason, it is essential to seek legal counsel from a DUI lawyer in Dayton, Ohio, for all felony charges. Failing to appear in court for a traffic ticket or any related proceeding can lead to additional consequences, including a warrant for your arrest and suspension of your driver’s license. Working with our experienced OVI attorney from the very beginning of your DUI case can help you protect your rights and avoid becoming a repeat offender.

What Should I Do If I’m Pulled Over for an OVI?

What Should I Do If I’m Pulled Over for an OVI?

If you’re being pulled over by an officer for an OVI in Ohio, here’s what to do:

  • Pull over. Be calm and use your signal. At this point, anything you do can be used against you in a court of law.
  • Provide your license and registration.
  • Be polite. Do not give the officer any reason to believe that you are drunk or combative.
  • Don’t make any statements or admit to drinking.
  • Decide whether to take the breathalyzer test. The test can be used against you, but there are serious penalties for not submitting to a breathalyzer test. If you had bad results, you can fight the charges with an experienced Ohio OVI lawyer.

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Worried About an OVI Charge?

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What Is the Legal Drinking Limit in Ohio?

Ohio’s legal limits surrounding impaired driving are significantly more complex than those of other states. Ohio Revised Code Section 4511.19 establishes several legal limits depending on the type of test used.

The following standards apply for determining when a driver is legally considered over the limit:

  • Individuals under 21 years of age cannot operate a vehicle if a breath test reveals a blood alcohol concentration (BAC) of 0.02% or higher.
  • Individuals over 21 cannot operate a vehicle with a BAC result of 0.08% or higher.

However, the legal limit for drivers who take a urine test is 0.11%. For a blood plasma or serum level test, the legal limit is 0.096%.

Furthermore, Ohio law establishes two categories of legal limits for alcohol testing — low tier and high tier. And high-tier test results lead to more severe penalties.

For example, high-tier alcohol test results encompass:

  • Breath or blood test result of 0.17% or higher
  • Urine test result of 0.238% or higher
  • Blood plasma or serum test result of 0.204% or higher

It’s vital that you thoroughly understand these limits when navigating Ohio’s impaired driving laws.

How Many Points Is a DUI in Ohio?

Under Ohio’s points system for traffic violations, the BMV will usually add six points to your driving record upon conviction for OVI. Underage OVI is a four-point offense.

These points are in addition to any automatic driver’s license suspension. They’ll remain on your record for two years. If you accumulate 12 or more points in any two years, the BMV will automatically suspend your license.

Thus, additional traffic-related criminal law violations in Dayton, OH, and elsewhere in the state after you regain your license could trigger another suspension. A Dayton DUI defense law firm can help you avoid these points by having our OVI attorney in Dayton, Ohio, advocate for you.

Is a Refusal the Same as a DUI in Ohio?

A refusal in the state of Ohio is not the same thing as a DUI offense. However, they share some common consequences, such as a driver’s license suspension. Even without a charge or a conviction, the BMV can suspend a person’s driver’s license if they refuse to submit to a chemical test.

This is permitted because Ohio, like many other states, is an implied consent state, meaning all drivers are considered to have consented to a chemical test. Hence, failure to provide something that you are deemed to have already given consent for provides the authority for the suspension.

If you do end up with an administrative license suspension, you have the right to fight it. However, you only have a limited amount of time to challenge the suspension. You should speak with an OVI lawyer in Dayton as soon as possible.

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Need Help Fighting a DUI?

Need Help Fighting a DUI?

Our DUI lawyers in Dayton at Gounaris Abboud can challenge the prosecution’s case to achieve a positive outcome.

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What Does Actual Physical Control Mean?

Prosecutors don’t need to prove that the engine was running or the vehicle was moving.

Physical control has only two elements:

  • Sitting in the driver’s seat
  • Possessing the ignition key

Consequently, you could face OVI charges if you were parked with the key within reach. If prosecutors can’t prove both, your DUI lawyer in Dayton, Ohio, can argue for a dismissal or acquittal.

One challenge Dayton DUI attorneys face is what this definition means for push-to-start vehicles. You may face charges whenever you’re in the driver’s seat close enough to push the start button, regardless of the fob’s location.

Ohio CDL DUI Laws

Ohio law imposes strict requirements for truck drivers. A CDL licensee operating a heavy truck commits an OVI with a BAC of 0.04% or higher. Moreover, the police can put a driver out of service for 24 hours if a test detects any alcohol.

The administrative penalties are also harsher for truck drivers. You could face a one-year CDL suspension for any of the following:

  • DUI conviction
  • Failed chemical test
  • Chemical test refusal

Repeat offenses can result in a lifetime CDL ban. Consider searching for “OVI attorneys near me” to preserve your livelihood.

Can I Get My DUI Expunged in Ohio?

Ohio has two judicial remedies for removing offenses from a person’s criminal record. Expungement destroys the record, while sealing preserves the record but blocks public access. OVI convictions are ineligible for expungement or sealing. Thus, an OVI conviction will remain publicly visible in your criminal record forever.

One option for those who are convicted of OVI is seeking a pardon from Ohio’s governor. Pardons don’t erase convictions, but they may restore certain rights to convicted felons. Our DUI attorney in Dayton, Ohio, can help determine whether you meet the requirements for a pardon.

Common DUI Defense Strategies in Dayton, Ohio

Facing criminal charges can be stressful and overwhelming. However, our exceptional Dayton attorneys can explore several defense strategies to fight the charges or minimize potential consequences.

Here are some common approaches:

Challenging the Stop

This strategy questions whether the police had a valid reason to pull you over in the first place. If the stop was illegal, any evidence obtained (like field sobriety tests or breathalyzer results) might be excluded from court.

Challenging the Field Sobriety Tests (FSTs)

FSTs are not foolproof and can be influenced by factors like fatigue, medical conditions, or uneven surfaces. Your attorney can argue that the officer did not administer the tests properly or that your performance was unreliable.

Challenging the Breathalyzer or Blood Test

These tests can be inaccurate due to calibration issues, improper administration, or even certain medications. Your lawyer can raise concerns about a breathalyzer test’s validity or the way it was conducted.

Strict procedures govern blood draws for DUI investigations. If these protocols weren’t followed, your DUI attorney can argue for the exclusion of the blood test results. Sometimes, a person’s BAC can continue to rise after they’ve stopped drinking. This could lead to an inaccurate BAC reading if the test weren’t administered soon enough after the arrest.

Additionally, if you were unknowingly drugged or given alcohol without your consent, this could also be a criminal defense against an OVI charge.

Negotiating with the Prosecutor

In some cases, your attorney may be able to negotiate with the prosecutor to get the charges reduced or dropped in exchange for completing community service, attending alcohol education classes, or other programs.

Are You Facing OVI Charges inDayton, OH?

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How Can Our OVI Lawyers Help You?

When you are facing drug charges, you need an experienced OVI attorney in Dayton who can get results. At Gounaris Abboud, our legal team is ready to use its advanced knowledge, skill, and experience to aggressively defend you against the state.

1.

Robust Legal Defense

We personalize our defense strategies to your situation and attack every aspect of the prosecution’s case.

2.

Mitigating Penalties

Our defense includes efforts to reduce or mitigate the penalties you are facing, including fines, jail time, and license suspensions.

3.

Restoration of License

License suspension can upend your life. When you choose Gounaris Abboud to represent you, we’ll help you get your license back so you can get back to normal life.

4.

Exploring Defense Options

We meticulously consider every defense option in your case, from challenging the sufficiency of the evidence to attacking the prosecution’s case because your rights were violated.

5.

Safeguarding Your Rights

We make sure that the state respects your constitutional and other important rights before and after you are charged with an OVI offense.

6.

Fighting to Get You Acquitted

Most criminal cases in Ohio are resolved through a plea deal. However, some defendants choose to fight the charges at trial. We’ll represent you at trial if necessary and fight to secure an acquittal.

7.

Minimizing the Impact

We do everything in our power to minimize the impact an OVI charge has on your life. Your defense is important to us, as is your future.

Explore Our Recent Case: OVI Charge in Dayton

Gounaris Abboud, LPA, shares a recent OVI case dismissal. The Ohio OVI lawyers at our criminal law firm have the experience you need when fighting an OVI charge in Dayton, OH, and Springboro, OH.

OVI Charge in Dayton, Ohio

OVI dismissed for lack of probable cause to stop.

THE FACTS: Our client is a health professional in the Dayton area. Our client left work, met a few coworkers for dinner, and had one 6-ounce glass of wine with a full entrée and dessert. Our client’s entire meal lasted two and a half hours.

The client left the restaurant at approximately 9:00 p.m. and was subsequently pulled over by law enforcement for alleged “marked lanes’ violations. Our client was polite and respectful to the law enforcement officer and provided his license and registration. When asked if he had anything to drink, he was truthful and said he had one glass of wine with his dinner.

The officer immediately asked our client to step out of the vehicle to perform a Field Sobriety Test. Our client is a 55-year-old male with a prior knee injury. He advised the officer that he had a prior ACL tear and could not hold up his right foot without feeling pain. The officer nonetheless required our client to perform the HGH, Walk-in-Turn, and One-Leg Stand tests and determined that our client exhibited clues on each test that suggested impairment.

The client was arrested for OVI/DUI and was transported to the Police Station and was asked if he would submit to a breath test, to which he refused. Our client was provided with a 2255 BMV form and advised that his license was suspended for one year.

THE DEFENSE: The criminal defense lawyers at Gounaris Abboud filed a “Motion to Preserve” all the evidence and also a “Motion to Suppress Evidence”. The Motion to Preserve Evidence, ordered law enforcement to preserve any cruiser camera video. The Motion to Suppress challenged the officer’s Probable Cause to Stop and Arrest Client for an OVI/DUI.

A Hearing was conducted where the Officer was questioned in Court about his observations of the alleged Marked Lanes Violation. The officer watched a copy of the cruiser cam video and admitted that he could not observe the Marked Lane Violation on the Video.

THE RESULT: The Court agreed with Gounaris Abboud that the Officer could not have observed a traffic infraction and thus, did not have Probable Cause to Stop the Client. As such, the State dismissed the charges against our client.

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Why Choose OurOVI/DUI Lawyers?

50+ Years of Collective Experience

50+ Years of Collective Experience

Our criminal defense lawyers have been providing top-shelf legal representation in Dayton and throughout Ohio for decades.
Industry Recognition

Industry Recognition

Various legal groups and organizations in the industry have honored members of our DUI defense team with awards and recognition for excellence in service.
Personalized Legal Services

Personalized Legal Services

At Gounaris Abboud, you don’t get a cookie-cutter defense but a defense specifically tailored to your case.
Robust Advocacy

Robust Advocacy

We provide every client with a robust defense designed for maximum effectiveness.
Always Available

Always Available

Every DUI lawyer working on your case is available when you need them.
Hear What Our <span class="subtitle">Clients Are Saying</span>

Hear What Our Clients Are Saying

5
I can't thank Nick Gounaris and his staff (Especially Kelsea Maxwell) enough for the help my son received. This office is very professional, kind, and nonjudgemental. They go above and beyond to help. When Nick tells you he will do everything he can to help your situation, he does!!! If I ever need an attorney, he will be the person I see without a second thought. If I could give 10 stars I would!!! Thank you for all you do!!!!!!
Jennifer Dailing
5
There are simply not enough stars to leave for Tony and his paralegal, Michelle. I found myself in a very scary and unfortunate situation (not something I had ever been in before), and Tony immediately reached back out to take my case. Michelle was so quick to respond and get answers to my many questions. My case was ultimately dismissed - and I can now move on with my life. I can not thank Tony and his team enough. If you are reading the reviews, trying to decide whether to retain this firm- DO NOT HESITATE!!!
Jennifer *
5
Tony and Michelle were great. I felt at ease from my first phone call and conversation with Michelle and Mr. Abboud. He was confident, friendly and reassured me that they would get the best outcome for my situation, and they did. I feel that they genuinely care about their clients and do everything they can to be our voice and represent us in the courtroom.
Brenda Purdin
5
Tony is amazing at what he does, he is very honest & caring. All thanks to him I got a second chance at life! Thank you to Tony & everyone at the firm for all the support. I would recommend them to anyone in Ohio for all law needs.
CALVIN SEIBA
5
Jeremiah Denslow and Tony Abboud get results. I thought I was in a no win situation until I met these gentleman. They are smart, aggressive, dedicated, connected and CAN GET THE JOB DONE. I would recommend them to anyone. They handled my case with the utmost care and kept me informed throughout the process. A huge THANK YOU!
James Olsen
5
I thought I was in a no win situation until I met these gentleman. They are smart, aggressive, dedicated, connected and CAN GET THE JOB DONE.
James O.

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FAQs

Are DUI and OVI the same in Ohio?

Yes, DUI (driving under the influence) and OVI (operating a vehicle impaired) are essentially the same in Ohio. OVI is the official term, while DUI might still be used conversationally. Both refer to driving while intoxicated by drugs or alcohol.

What is the DUI and OVI process in Ohio?

After a DUI or OVI arrest, the officer may question you about the incident. You have a right to remain silent and should exercise that right. You will be asked to submit to one or more chemical tests. Your license will be suspended if you refuse to take a blood, urine, or breath test and if you test over the legal blood alcohol content limit. If you are a commercial driver or have received a DUI conviction in the last 20 years, you must submit to the tests. Then, immediately speak with an experienced criminal defense attorney before talking to the police.

What happens if I fail the breathalyzer test?

Law enforcement severely punishes those who fail the breathalyzer test. Penalties can result in the following:

  • Loss of driving privileges
  • Jail time
  • Heavy fines
  • Community service

The stigma from a DUI or OVI conviction can:

  • Affect your reputation
  • Strain your relationships
  • Present employment challenges for many years

If the police suspect that you are driving while intoxicated, they will give you a breathalyzer test. The law requires you to take the test; failing to comply can result in severe penalties. You can fight your breathalyzer test results with a Dayton DUI lawyer. Many things can affect your results and cause a false positive, such as:

  • Swishing an alcoholic beverage in your mouth
  • Acid reflux
  • Sneezing
  • Coughing
  • Recently eating
  • Chewing tobacco
  • Using mouthwash
  • Burping
  • Vomiting

Ohio law requires police officers to observe an arrestee for 20 minutes before giving a breath test to ensure that other factors don’t throw off test readings. These tests take place at the police station, so a defendant has likely been in a squad car for a long time. Because of this, it is often impossible for an officer to provide enough observation. Schedule a free consultation with our aggressive and skilled Ohio DUI lawyers right away. We’ll start fighting your test results.

How long will an OVI stay on my record in Ohio?

In Ohio, an OVI conviction stays on your driving record permanently. This can result in severe repercussions for your insurance premiums and job opportunities, especially if driving is a job requirement.

Can I be charged with a DUI or OVI if I was doing drugs?

Even if you are not legally drunk, you can be arrested and charged with a DUI or OVI in the state of Ohio.

When an officer suspects that you are driving under the influence of drugs or alcohol, he will note aspects of your behavior and appearance, such as:

  • Slurred speech
  • Bloodshot eyes
  • Hazardous driving
  • Incoordination during field sobriety tests

A drunk driving charge can result from substances such as solvents, mouthwash, over-the-counter drugs, and other products. These can give the impression of drunkenness. You can fight these charges. Contact a Dayton, Ohio DUI lawyer at Gounaris Abboud, LPA to start building your defense.

What happens if I am charged with a DUI from a blood test?

Many DUI charges result from a blood alcohol content test. This test analyzes the percentage of alcohol in the person’s bloodstream (their BAC level). If the police ask you to submit to a blood test, you do not have to comply. However, under implied consent law, you could be penalized for your refusal. Although blood alcohol tests are usually accurate, errors can occur. An experienced Dayton DUI attorney can review your case and seek to have your charges dropped.

What if I were charged with a DUI after a field sobriety test?

Field sobriety tests (FST) are voluntary coordination tests that an officer administers when they suspect driver impairment. The only standardized tests that have some relevance in establishing legal intoxication are:

  • One leg stands
  • Heel-to-toe tests
  • Horizontal gaze nystagmus (HGN)

In Ohio, the tests listed above are evidence that they were administered objectively and scored according to standards set by the National Highway Traffic Safety Administration (NHTSA).

What should I expect at Dayton DUI checkpoints?

The U.S. Constitution and Ohio Revised Code allow DUI checkpoints in Dayton, OH, where officers stop all cars. Officers usually ask to see your driver’s license, vehicle registration, and proof of insurance. Any apparent signs of impairment, such as bloodshot eyes, slurred speech, or the smell of alcohol on your breath, might lead to a field sobriety or breath test. Our criminal defense lawyers can often fight these charges if the officer lacked probable cause to request the tests.

What should I do if I forgot my court date for a DUI or OVI in Dayton?

If you forgot your court date for a DUI or OVI in Dayton, contact our experienced Dayton criminal defense attorney and the court immediately to reschedule. Acting quickly can help prevent a warrant, license suspension, or additional penalties.

What does it mean when an OVI or DUI case is disposed of in Ohio?

A disposed OVI/DUI case in Ohio means the case has reached its conclusion — whether through dismissal, plea agreement, conviction, or acquittal. Once your case is disposed, no further court dates are scheduled, but certain penalties or record implications may still apply depending on the outcome.

What happens to your gun rights after a felony OVI in Ohio?

A felony OVI conviction in Ohio can cause you to lose your right to purchase and possess firearms. Depending on your circumstances, our DUI lawyer in Dayton, Ohio can help you explore whether your firearm rights can be restored in the future.

OVI Resources in Dayton

Our trusted law firm, Gounaris Abboud, is ready to provide you with a strong defense against your OVI or DUI charges and to direct you to various resources that may be helpful in your circumstances.

Operating a Vehicle Under the Influence

The Ohio Revised Code explicitly lays out the various OVI/DUI charges and their penalties. Our clients find it to be a helpful reference after being charged with OVI or DUI.

The following courts have case information, including case number, dates and times of court appearances, as well as court rules.

The Dayton Municipal Court is located at: 301 West Third Street, Dayton, Ohio 45402

The Montgomery County Court is located at: Montgomery County Common Pleas, 41 North Perry Street, Dayton, Ohio 45422 — (937) 496-7213

Ohio Department of Public Safety

Information relating to law enforcement efforts against DUI/OVI can be found on this website.

Mothers Against Drunk Driving (MADD)

Mothers Against Drunk Driving is a national organization that has been around for decades. It fights to help prevent DUI/OVI deaths and has resources available to the public.

Ohio State Highway Patrol

The Ohio State Highway Patrol is responsible for enforcing traffic laws, including OVI laws, on state and interstate highways.