FAQ

OVI & Criminal Defense FAQ — Ohio Law Answered

Clear answers to the questions clients ask most about OVI and criminal charges under Ohio law. For advice on your specific situation, call for a free consultation.

OVI / DUI Basics
What is the difference between an OVI and a DUI in Ohio?

They describe the same thing. Ohio has used the term OVI — Operating a Vehicle Impaired — since 2004, while “DUI” remains the more common everyday term. An OVI can be based on actual impairment by alcohol or drugs, or on a per se chemical test result at or above the legal limit.

How soon after an arrest do I need a lawyer?

As soon as possible. License-related deadlines can arise within days of an OVI arrest, and early representation lets your attorney protect your driving privileges and preserve evidence — cruiser video, testing records — before it disappears.

Can a first-time OVI be reduced or dismissed?

In the right circumstances, yes. Common reductions include reckless operation or physical control. Whether a reduction or dismissal is realistic depends on the facts — particularly the legality of the stop and the reliability of the testing.

Is it better to refuse the breath test?

There's no universal answer — it depends on the facts. Refusing avoids giving the State a chemical number but triggers a longer administrative license suspension under Ohio's implied consent law. Either way, an experienced attorney can build a defense.

Penalties & Your License
Will I lose my license after an OVI?

An Administrative License Suspension often begins at the time of arrest, separate from any court suspension. It can be challenged, and limited driving privileges for work, school, medical, and family needs are frequently available. Acting quickly gives you the most options.

Will I go to jail for a first OVI?

A first OVI carries a mandatory minimum term, but for many first offenders that can be satisfied through an approved Driver Intervention Program rather than jail, depending on the facts and the test result.

Can an OVI be expunged in Ohio?

No. OVI convictions are permanently ineligible for sealing or expungement in Ohio. That permanence is one of the strongest reasons to fight the charge rather than accept a conviction.

Did Ohio's OVI penalties change recently?

Yes. Ohio's drunk-driving laws were strengthened in 2025 under Liv's Law, which affected hard-suspension rules, ignition interlock terms, and certain penalties. Because figures change, the firm confirms the specifics that apply to your case.

Criminal Charges
What's the difference between a misdemeanor and a felony in Ohio?

Generally, felonies are more serious. The most serious misdemeanor is capped at up to 180 days in jail and a $1,000 fine, while felonies can carry prison terms and far larger fines. The classification affects which court hears the case and the long-term consequences for your record.

Will my criminal case go to trial?

Most do not. Many cases are resolved through negotiation or plea agreement, depending on the facts. Whether to try a case or accept a resolution is a decision made with your attorney after a full review of the evidence.

Can a criminal conviction be sealed or expunged?

Many can. Ohio's record-sealing laws were significantly expanded under Senate Bill 288 in 2023, shortening waiting periods and allowing true expungement of eligible records. Whether yours qualifies depends on the offense and your overall record.

Working With the Firm
Do you offer free consultations?

Yes. Your initial consultation is always free and confidential — and it's with attorney Steven T. Fox himself, not an intake screener. He's available evenings and weekends.

How much does a defense cost?

The firm charges flat fees so you know the cost of your defense from the start, and payment plans are available. Fees depend on the charge and complexity, which Steve discusses openly during your consultation.

Which courts and counties do you serve?

Steve appears in municipal, mayor's, and common pleas courts throughout Franklin, Delaware, Madison, Union, Fairfield, and Clark Counties, plus BMV/DPS administrative hearings and surrounding jurisdictions.

Still Have Questions?

The fastest way to a real answer is a quick, free conversation with Steve. Call today.