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Ohio OVI/DUI Defense
- Ohio DUI Main Page
- Ohio DUI Law
- Ohio DUI Penalties
- Ohio DUI Process
- Ohio DUI Evidence Overview
- Breath Testing In OH DUI Cases
- Blood Testing In OH DUI Cases
- Urine Testing In Ohio DUI Cases
- Challenges To OH Drunk Driving Arrests
- Ohio Implied Consent Law
- DUI License Suspensions In Ohio
- Ohio Commercial Drivers License DUI Issues
- Ignition Interlock Devices In Ohio Impaired Driving Cases
Ohio DUI Court Process
In each DUI case, there are many steps that occur after the DUI arrest. Below, you will find information regarding the procedures that typically follow a DUI arrest in Ohio. Every jurisdiction within Ohio is different, however, and the information below regarding procedures and process may differ from city to city. THE CRIMINAL PROCESS
First Appearance/Arraignment: Your first criminal court appearance for your Ohio DUI is your arraignment. At this hearing you will enter a plea of either Guilty, Not Guilty, or No Contest to the charges against you. A judge will inform you of your charges. You may also request an appeal or stay of your Administrative License Suspension at this time. You or your attorney is permitted to request discovery, so that you will be able to see and review the documents the prosecutor has that they plan to use against you at trial. You or your attorney may request driving privileges if you are eligble for a permit. Failure to request driving privileges will severely affect your ability to get around and resume your normal life until your case is resolved. If you plead guilty or not guilty, the judge will likely impose a sentence. If you have not consulted with an experienced Ohio DUI defense attorneys prior to your Arraignment, you should probably enter a plea of NOT GUILTY. NOTE: If you have been accused of DUI in Ohio, it is in your best interest to have legal representation at every court appearance. Unless you have hired an attorney to represent you who has filed a notice of appearance on your behalf, your attendance is mandatory at the arraignment hearing. Typically defense attorneys will have you sign a waiver of presence, allowing them to represent you without you having to attend. If you enter a plea of NOT GUILTY at your arraignment, your case will be set for trial. Pretrial Hearing: The pretrial conference is a hearing prior to trial to negotiate with the prosecutor and update the judge on the progression of your case. At this hearing your trial date may be postponed if there are issues with discovery, further negotiations, witness availability or attorney schedule conflicts. Should negotiations be favorable, your attorney will go over any offer with you and discuss the potential benefits and/or ramifications. If you wish to accept the offer from the prosecutor, the case may be resolved at the pretrial conference. If no continuances are necessary, and a plea agreement has not been reached, the judge will set your case for trial. Your presence is typically required at this hearing. Check with your attorney to be sure. If a plea agreement is reached at the pretrial hearing, you will change your plea and the judge will impose a sentence at that time. Motions or Suppression Hearings: Motion or evidentiary hearings are requested by the defense when issues that may preclude addmission of evidence exists. Your attorney will go before the court and the judge will decide important key issues of your case, such as the admissibility of evidence of your stop, chemical test results, and statements/testimony. Other challenges include whether there was probable cause for the stop, detention, and arrest. Motions regarding discovery may also be argued at this hearing. Testimony by the arresting officer is usually given. Expert witnesses may be called to testify. Your attorney will have the opportunity to question and cross examine the witnesses for the government, and will also have the opportunity to present testimony, evidence, and argument. The prosecution has the burden of establishing that your chemical test was performed in substantial compliance with the state testing procedures. If the prosecution cannot show substantial compliance, your results will not be admissible to the jury in your trial. If successful at the motion hearing, the prosecution may offer another plea arrangement at this time. The Ohio DUI Trial: Most DUI cases are resolved before trial. However, every single DUI defendant has a constitutional right to a trial by jury in Ohio. At the trial, both your attorney and the prosecutor will have the opportunity to present evidence and argue issues to the jury. In some circumstances, however, it may be in your best interest to waive your right to a jury trial and instead have a judge decide your case (called a "bench trial"). The prosecution must agree for a bench trial to be conducted. In all trials, bench or jury, the judge will decide issues of law. In jury trials, however, the jury listens to the judge's instructions and decides the issues of fact, whereas in bench trials, the judge acts as judge and jury, deciding both issues of law and issues of fact. The Appeal: If you are found guilty following a DUI trial, you are eligible to participate in the appeals process. Consult with one of our local attorneys for more information on appealing your case. You only have 30 days following a judgement to apply for an appeal. |
Warning:
After an Ohio OVI arrest, a hearing to determine whether your suspension should be upheld or overturned will be held within
5 days
of your arrest.
There are many reasons why your license could be saved, so it makes sense to contact an Ohio DUI lawyer in your county immediately for a free initial consultation and to protect your important rights.
