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.
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Our DUI defense attorneys have the extensive experience necessary to tackle the challenges of your criminal defense. Watch while we describe how our criminal defense lawyers will fight your drunk driving charges.
A DUI conviction can alter the course of your life, from affecting current future employment to creating a criminal record. To safeguard your rights and your future, you need a DUI lawyer in Dayton, Ohio, with in-depth knowledge and a proven track record of success to defend you.
Our law firm’s offices in Dayton, Springboro, and West Chester are dedicated to providing aggressive and effective legal representation throughout Montgomery, Warren, and Butler counties.
Our Dayton DUI attorneys have also earned some of the legal profession’s highest honors, including a Distinguished rating from Martindale-Hubbell and a listing among Ohio’s Top 100 Super Lawyers.
However, our awards mean little compared to the positive outcomes we have achieved for our clients. Contact Gounaris Abboud for a free case analysis to learn how we can fight for you.
Types of Ohio DUI Offenses Our Criminal Defense Attorneys Handle
Our legal team addressed a wide range of Ohio DUI offenses, ensuring effective representation and informed guidance. Here are some of them:
OVI/DUI rules relating to commercial drivers, such as truck drivers, ambulance drivers, and school bus drivers, are typically stricter than the rules governing 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.
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.
Every state prohibits driving while intoxicated by drugs or alcohol. Whether the state calls the offense DUI vs. OVI does not matter.
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, as well as 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 only need a failed DUI testing 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.
Importantly, since these offenses are independent, you can get arrested for influenced driving even if your BAC was under 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?
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 an OVI lawyer in Dayton, Ohio, can fight for if it’s the offender’s first DUI offense. However, someone with a prior OVI conviction may not avoid time behind bars.
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 loss of a driver’s license to a suspension. 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, which means that 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 a driver’s license suspension, the length of which varies depending on which offense is in question.
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% and 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%.
Take swift action to defend against the charges you are facing. Don’t delay or your case may suffer. Contact our Dayton DUI lawyers for a free consultation and learn how we can help.
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): Fifteen-day suspension (eligible for driving privileges after serving the first 3 days).
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 an 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?
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 harsher 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 charges. Defending DUI cases from the start can help you avoid becoming a repeat offender.
What Should I Do If I’m Pulled Over for an OVI?
If you’re being tailed by an officer for an OVI in Ohio, here’s what to do:
Pullover: 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 penalties for not submitting to a breathalyzer test. If you had bad results, you can fight the charges with an experienced Ohio OVI lawyer.
COMMON DUI DEFENSE STRATEGIES IN DAYTON, OHIO
Facing criminal charges can be a stressful and overwhelming experience. However, there are several defense strategies your attorney can explore to fight the charges or minimize the 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 wasn’t administered soon enough after the arrest.
Additionally, if you were unknowingly drugged or given alcohol without your consent, this could also be a 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.
How Can Our OVI Lawyers Help You?
When you are facing drug charges, you need an experienced OVI attorney Dayton who can get results. At Gounaris Abboud, our legal team is ready to use its 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 on the grounds that 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 settled by way of 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 and 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 O.V.I./D.U.I. 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 a 2255 BMV form and was advised that his license was suspended for a period of one year.
THE DEFENSE: The criminal defense lawyers at Gounaris Abboud were able to file a “Motion to Preserve” all the evidence and also filed a “Motion to Suppress Evidence”. The Motion to Preserve Evidence, Ordered Law Enforcement to preserve any cruiser camera video. The Motion to Suppress challenges 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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Our attorneys have been providing top-shelf legal representation in Dayton and throughout Ohio for decades.
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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
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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!!!
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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.
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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.
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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
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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.
Contact Our Dayton DUIAttorneys Today!
Protect your future and legal rights. Contact our skilled Dayton OVI/DUI lawyer today for a free consultation and legal guidance.
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.
How many points is a DUI in Ohio?
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 added to any automatic driver’s license suspension.
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 an OVI attorney in Dayton advocate for you on your behalf.
What is the DUI and OVI process in Ohio?
After a DUI or OVI arrest, the officer may question you about the incident.
Then, you may want to consider looking for a DUI attorney in Dayton, Ohio.
You have a right to remain silent and should exercise that right. Then, immediately speak with an experienced criminal defense attorney before talking to the police.
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.
What is the legal drinking limit in Ohio?
Ohio’s legal limits surrounding impaired driving are significantly more complex than other states. Ohio Revised Code Section 4511.19 creates several different legal limits depending on the kind of test that is 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.
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 of the same 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 due to the fact that Ohio, like many other states, is an implied consent state, which means that all drivers are considered to have granted consent for a chemical test. Hence, failure to provide something that you are deemed to already have 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 as soon as possible.
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 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 an impression of a drunken appearance or behavior.
You can fight these charges.
Contact a Dayton, Ohio DUI lawyer at Gounaris Abboud, LPA to start building your defense.
What happens if I was 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 examine your case and try to get your charges dropped.
What if I was 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.
OVI Resources in Dayton
Gounaris Abboud is ready to provide you with a strong defense against your OVI or DUI charges as well as direct you to various resources that might be helpful for your circumstances. Contact OVI lawyers near me anytime for whatever your needs in this area may be.
The Ohio Revised Code explicitly lays out the various OVI/DUI charges and their penalties. Our clients find it to be a useful 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
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.
