If you were charged with a DUI/OVI, you should understand as much as possible about your situation. The more you know, the better you will be able to defend yourself in court. A Columbus DUI lawyer is here to ensure you have all the knowledge you need to feel confident moving forward.
Since 2008, Koffel | Brininger | Nesbitt has been listed in The Best Lawyers in America, and criminal defense attorney Brad Koffel was voted Lawyer of the Year for DUI Defense. Only three other law firms in Ohio are listed in Best Lawyers in America for the practice area of DUI defense.
Contact us to learn how our Columbus criminal defense lawyers can defend you against an impaired driving charge.
Benefits of Working with Our Columbus DUI Lawyer
Our law firm is one of Ohio’s oldest, largest, and most reputable DUI defense firms. We focus on client service, period. From same-day or next-day appointments, flat-fee billing, interest-free payment plans, and a client communication platform unrivaled by any other law firm in America.
Our legal fees may be slightly higher, but our courthouse success and client reviews speak for themselves. Our Municipal Court Team handles DUI cases in multiple counties in and around greater Central Ohio.
For a free legal consultation with a dui lawyer serving Columbus, call (614) 884-1100
A Record of Success in Columbus Driving Under the Influence Cases
At Koffel | Brininger | Nesbitt, our Columbus DUI lawyers work hard to have their clients exonerated or their penalties drastically reduced.
Some of Our Columbus DUI Successes Include:
- Avoided jail time: Three of our clients were facing mandatory jail time. We were able to get their judgments reduced by 100%, meaning our clients did not receive a jail sentence.
- Charge dropped: Our client was facing a driving under the influence charge. Yet we negotiated a fine-only disposition after an Ohio court agreed to drop the DUI charge to a reckless operation charge.
- Charge reduced: After accepting a plea deal, our client received the minimum possible penalties for their DUI charge.
View our case results to see how our Columbus DUI attorneys have helped people beat drunk driving charges.
Columbus DUI Lawyer Near Me (614) 884-1100
Ohio’s BAC Limit and Potential Implications for DUI Charges
Ohio’s limit is 0.08% per unit volume of alcohol in the offender’s blood. If you are pulled over and your blood alcohol content (BAC) is 0.08% or higher, you can be charged with operating a vehicle under the influence of alcohol in Ohio.
This limit can also be defined as 0.08 of one gram (or 80 milligrams) of alcohol per 210 liters of the driver’s breath or 11% of one gram of alcohol per 100 milliliters of urine, according to Ohio Law.
If your BAC is between 0.05% and 0.08% or there is any other evidence of impaired driving, prosecutors could still choose to bring criminal charges against you.
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Contesting a DUI License Suspension with the BMV
If your license was taken at the roadside after a DUI arrest, you are already dealing with an Administrative License Suspension (ALS). This is separate from the criminal side of your case and comes directly from the Ohio Bureau of Motor Vehicles (BMV). The ALS process can move quickly, and understanding how it works helps you protect your ability to drive.
How the ALS Process Starts After an Arrest
In most cases, the officer will suspend your license right after your arrest. This happens whether you refused the test or blew over the legal limit. Once that notice is filed with the BMV, your suspension begins immediately.
You generally only have 5 days from your initial appearance to request a hearing to challenge the ALS, according to Ohio Revised Code § 4511.197(A).
That hearing is your chance to explain what happened and try to stop the suspension from continuing. If you miss the deadline, the automatic suspension will stay in place even if the criminal charges are later dropped.
Hiring the right Columbus DUI attorney to represent you during the hearing will give you the best chance of having your license reinstated.
Why the BMV Hearing Matters for Your Future
The BMV hearing gives you a real chance to protect your license while your criminal case is pending. If you win at this stage, you can keep driving legally without waiting months for a final decision. It also shows the court that you are taking the process seriously.
Representation at this hearing can make a meaningful difference. Your Columbus BMV hearing lawyer can review the officer’s paperwork, point out procedural issues, and present facts that support your case.
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How Annie’s Law May Affect Your Case
Drinking and driving laws in Ohio changed drastically when Annie’s Law was enacted in 2017. A key change was that the look-back period for previous convictions was extended from six to 10 years.
Annie’s Law also introduced the option to equip a vehicle with an ignition interlock device, allowing drivers to keep using their vehicles and reducing the time their license is suspended.
Our Columbus drunk driving lawyers can explain how this law may affect your case during your initial consultation.
Distinguishing a Felony Charge from a Misdemeanor
Understanding a felony vs. a misdemeanor is important. For example, while misdemeanor DUIs can come with substantive consequences, they pale in comparison to felony charges.
Felony impaired driving charges come with a minimum of 60 days in prison, a $1,350 fine, a suspended license, criminal forfeiture of your vehicle, and more.
Consequences of DUI Charges in Ohio
Being charged with driving under the influence can have significant legal and financial consequences, as outlined in Ohio Revised Code § 4511.19 and an Ohio Supreme Court slip opinion.
Understanding the charges against you and the consequences you may face is an important step you need to take if you were charged with a DUI in Columbus. If you plan to challenge the charges in court, hiring an experienced DUI lawyer in Columbus to represent you is an important step.
DUI With Injury Charges
Being involved in an accident is stressful, no matter its circumstances. You have more to worry about if you were charged with a DUI causing injury on top of other accusations.
Even if your BAC is below the legal limit, if you cause injuries with the slightest trace of alcohol in your system, the blame will likely shift to you. This is true even if you were not at fault.
Defending Multiple DUIs
If you have a prior DUI conviction and pick up another charge, your already-severe penalties will increase. It may also be more challenging to argue your case in court. Despite the law stating you are innocent until proven guilty, your record can make a judge less likely to believe your argument.
Hiring an experienced Columbus DUI injury defense lawyer to represent you and ensure you receive a fair trial is crucial to a favorable outcome.
BAC Limits and the Impact on Employment Opportunities for Underage Drinkers
As stated above, the legal BAC for Ohio adults is 0.08%. However, the limit for underage drivers is 0.02%. These BAC limits are in place to discourage driving under the influence of alcohol, especially for young and inexperienced drivers.
Underage drinking and driving can have serious legal consequences, including fines, license suspension, and even potential jail time. Additionally, having a DUI or alcohol-related offense on your record can have long-lasting effects on future employment opportunities.
While underage drinking is illegal, a mistake like that shouldn’t affect your employment opportunities for the rest of your life. Seeking legal counsel and understanding the available options to address these offenses is essential for mitigating possible DUI-related penalties.
How Prior Convictions Impact Your DUI Case in Ohio
Having a prior conviction on your record can change how prosecutors and judges approach your case. Penalties tend to be steeper, and the court may be less flexible when it comes to plea offers or sentencing alternatives.
That does not mean you are out of options, but it does mean you need someone who knows how to handle repeat charges with care. Even if your prior case happened years ago, it can still influence how your current charges are handled.
Prosecutors may argue for more jail time, longer license suspension, or ignition interlock restrictions. The job of your Columbus multiple DUI defense lawyer is to push back where it counts and make sure your past does not completely define what happens next.
Frequently Asked Questions (FAQs) Regarding Your DUI Defense
Can I Still Get a DUI If My BAC Was Below the Legal Limit?
Yes. Although the legal limit for blood alcohol concentration (BAC) is 0.08%, Ohio DUI laws state that anyone who operates a vehicle under the influence of drugs, alcohol, or a combination of both can be arrested and charged with DUI.
Police officers may still arrest, and courts may still convict a person with a BAC lower than the legal limit if there is sufficient justification to believe they are under the influence of alcohol or drugs.
Also, you do not need to be driving or have your vehicle running to be arrested for a drunk driving offense. Being in the driver’s seat with the radio or air conditioner on can be enough to constitute “physical control” of your vehicle and warrant an arrest.
Can I Refuse a Field Sobriety or Chemical Test?
Yes, there is no legal requirement that you consent to a Field Sobriety Test, and no consequences for refusing. Because these tests can be subjective and used against you, you can politely refuse them during a Franklin County DUI.
However, breath, blood, and urine tests are treated differently. Ohio law states that motorists automatically consent to chemical testing when suspected of DUI. This means that if you have been placed under arrest for DUI and refuse a chemical test, you implied consent.
Driver’s license suspensions for chemical test refusals in Ohio vary depending on a person’s OVI/DUI history (i.e., a one-year suspension for a first refusal and longer suspensions for those with a prior DUI conviction or refusal).
You can appeal an Administrative License Suspension (ALS) by requesting a BMV hearing within 30 days of an initial appearance. You may seek limited driving privileges (LDPs) if and when eligible. Our attorneys represent DUI clients in both criminal and BMV proceedings.
What is an OVI?
OVI stands for “Operating a Vehicle Impaired,” according to Ohio law. Similar to DUI, an OVI occurs when an individual is found to be operating a motor vehicle while impaired by drugs, alcohol, or both.
An OVI conviction can result in criminal penalties such as fines, time in jail, and license suspension, depending on the severity of the offense. Additionally, those convicted of OVI may be required to attend alcohol or drug counseling programs or perform community service.
Will I Go to Jail After a Conviction of Driving Under the Influence of Alcohol in Ohio?
DUI is a serious crime with serious penalties. In addition to fines, court fees, license suspension, and other penalties, a conviction can create real jail or prison time.
Many DUI cases in Ohio are first-degree misdemeanors that require at least three consecutive days but no longer than six months in jail. Other factors may result in longer sentences, including:
- Multiple DUI convictions
- Felony DUI (i.e., DUI resulting in accident, injury, or death)
- Chemical Test Refusal
- High Tier DUI (BAC of at least 0.17%)
DUI jail sentences also vary from county to county. However, judges in every county have discretion when sentencing offenders.
For this reason, it’s crucial to work with attorneys who understand each jurisdiction’s nuances, know local courts and judges, and have experience protecting the rights and freedoms of DUI defendants.
Counties Our Columbus Criminal Defense Attorneys Serve
Our Columbus team serves the entire metropolitan area, which includes the following counties:
- Franklin County
- Delaware County
- Fairfield County
- Ashland County
- Hocking County
- Madison County
- Licking County
- Morrow County
- Pickaway County
- Perry County
- Union County
Whether you’re here in Franklin County or elsewhere in Ohio, our Columbus DUI lawyers can seek dismissals, reduced charges, and alternative sentencing such as house arrest, work release, community service, and SCRAM monitoring.
Why Knowing Each Jurisdiction’s System Helps Your Defense
Judges in different courts may prioritize other things. One court might emphasize early plea discussions, while another may set stricter expectations around testing or pretrial conduct. Knowing those patterns helps us prepare you for what is ahead and avoid missteps that could cost you.
Our team works in front of these judges regularly. We understand local filing rules, scheduling procedures, and how prosecutors tend to handle repeat offenses or injury-related cases. A Columbus DUI attorney from our firm can use that insight to advocate for a result that fits your life and your future.
Which Courts Handle DUI Charges in and Around Columbus
Most first-time DUI cases start in a mayor’s court or municipal court. These courts hear cases quickly and may allow for early resolutions, but serious charges often move up to the county court for longer proceedings. Repeat DUI offenses, felony-level charges, and DUI cases involving injury or accident scenes are almost always transferred to a higher-level court.
Under Ohio Revised Code § 1901.20, municipal courts have jurisdiction over misdemeanor criminal cases, including most DUI charges. If your case involves multiple counties or prior convictions, it may land in a court that handles more complex proceedings. Wherever your case goes, we are ready to walk by your side and help you feel prepared.
Contact Our Columbus DUI Lawyers for a Free Consultation
At Koffel | Brininger | Nesbitt, we understand the effects a criminal conviction and spending time behind bars can have on your life, and we are here to help. Hiring one of our qualified DUI attorneys in Columbus, OH, you will be better positioned to protect your constitutional rights and preserve your freedom.
We offer confidential consultations, so there’s no risk in seeking our legal advice. If you or a loved one has been charged with driving under the influence, don’t hesitate to reach out to our drunk driving defense attorneys.
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