Cleveland DUI / OVI Attorney
Defending Against DUI & OVI Charges in Ohio
A DUI/OVI conviction in Ohio carries a mandatory license suspension, a mandatory fine, and possible jail time. Arrests alone can ruin a professional career; jail time and a suspended license could do even more damage.
The state of Ohio takes OVI enforcement seriously, but our Cleveland DUI attorneys take your rights just as seriously. Not everyone arrested for drunk driving is guilty, and not everyone charged with the offense deserves to lose their driving privileges.
The state is determined to secure a conviction in your case. You owe it to yourself not to walk into that fight alone. Patituce & Associates has handled countless cases like yours; nearly half of our time is spent representing defendants in DUI cases.
Why We Should Be Your First Call
Arrested for OVI in Cleveland? Our founding attorney, Joe Patituce:
- Has handled thousands of DUI/OVI cases across Ohio
- Is one of only 8 board-certified criminal lawyers in the state
- Devotes nearly half of his practice to DUI defense
- Is often called upon by other lawyers for advice on DUI cases, even from out of state
- Has testified as an expert in numerous DUI cases
- Has taken 400+ cases to trial, with a 95% success rate
- Has experience as a former prosecutor
Our Cleveland DUI / OVI lawyers have experience in courtrooms across Ohio. Call (440) 771-1175 for a free consultation. We're available 24/7.
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Pled Down To Physical Control
“She guided me through my OVI case with confidence and made sure I understood every step of the process. Thanks to her hard work and experience, my case was ultimately pled down to physical control, which made a huge difference for my future.”- Theresa H. -
Charges Dropped And Reduced
“My case ended up working out in my favor and some of my charges where dropped and the other charges ended up being a lower offense.”- Sjondrace H. -
Found Something Wrong With The Machine
“...my breath test that was closer to .300 than .200 was thrown out because he found something wrong with the machine, and the prosecutor offered me a non-dui ticket.”- Robert K
We Refuse to Lose
Make Us Your First Call
Here's what sets Patituce & Associates apart.
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We Know the Legal System
Our criminal defense attorneys understand the legal system and local courts, helping you navigate your case efficiently and avoid costly mistakes.
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We Give You Peace of Mind
Being charged with a crime is overwhelming. With our team on your side, you can focus on your life while an experienced professional handles your defense.
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We Fight For Your Rights
Police and prosecutors sometimes push the limits of the law. We work to protect your rights and prevent unconstitutional evidence from being used against you.
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We Build A Strategic Defense
Fighting criminal charges requires a strong strategy. Our experienced team builds a defense tailored to the specific facts of your case.
Cleveland DUI Defense Strategies to Protect Your Future
Many people believe nothing can be done after a DUI arrest. Some plead guilty or no contest at the first court appearance in a case that could have been defended or reduced. A defense lawyer reviews the evidence before any plea is entered, because a plea can be difficult to undo.
Often, our clients will ask us: "What can you do for me? I blew over the legal limit and got an OVI!" Your case might feel hopeless if you failed a breathalyzer or field sobriety test; however, simply failing either (or both) tests doesn't mean you'll be convicted. That's why you need a DUI attorney with actual experience defending clients from these charges.
At a minimum, in every case, we review the following to look for grounds for dismissal:
- The police report relating to your DUI arrest
- The field sobriety testing results relating to your DUI arrest
- The dash camera video, if it exists
- The complete logs relating to the breath test you took, if you took one
- The complete logs for any other type of blood or urine test you took
Dash camera video and breath test logs are often the most important evidence in a DUI case. Police reports sometimes describe a driver's speech, balance, or performance differently from what the video shows, so we compare the report to the video.
How Our Cleveland DUI Defense Attorneys Fight OVI Charges
Another question we get: "I was drinking, how can I possibly fight my Cleveland OVI charge?" While we at Patituce & Associates do not consider our defense strategies basic by any stretch of the imagination, even the most basic strategies can help our clients receive the results they deserve.
There are many different avenues to challenge an OVI:
- We can challenge the reason you were stopped. A lot of the time, especially in cases where there is a dash camera, we analyze the footage to see why a defendant was stopped. Sometimes, allegations of the arresting officer are not visibly apparent and thus can be challenged. If the stop is bad, everything after the stop is bad.
- We can challenge the reason the arresting officer removed a defendant from the vehicle to perform standard field sobriety testing. If there was no reasonable suspicion to remove a defendant from a vehicle, then everything after the wrongful removal is bad as well.
- We can challenge the field sobriety test results. Ohio universally recognizes the NHTSA standards as to how the field sobriety tests should be administered. If the tests aren't administered correctly, it can impact the way a defendant performs those tests.
- We can challenge chemical test results, whether it be a blood, breath, or urine sample. There are strict procedures for handling samples; if the blood or urine sample is mishandled in any way, the test results are void.
- We can bring in expert witnesses. Toxicologists can explain how a measured BAC may affect a person's driving, which matters when the number is disputed. Accident reconstructionists can analyze the physics of a crash when an OVI case involves one.
How We Examine Breath Test Results
Breath test results are not always reliable, and we challenge them regularly. Not every OVI attorney goes to the police station to review breath test logs. We do. Our review covers the machine's records and the procedures used during your test, and it can be the starting point for a challenge to breath test results.
Tailoring Our Approach to Our Clients' Needs
We are not a plea factory. Some DUI lawyers will take clients and work out a quick plea deal. This approach has given defense lawyers a bad name. We advocate aggressively for our clients, tailoring our approach to their needs. Some clients want us to work out the best deal as fast as possible; others want us to challenge the evidence and attempt to secure an acquittal. It depends on the client's situation.
If you have a job that requires driving or a clean criminal record, you might need to fight the charges. Our Cleveland DUI lawyers understand that.
Should You Hire a Lawyer After a DUI?
Yes. If you are facing a DUI charge in Ohio, speak with a DUI defense lawyer as soon as possible. Decisions made at the arraignment and the first court dates can be difficult to undo, and a lawyer can review the case before you make them.
A lawyer can explain the charges and the possible penalties, examine the traffic stop, the field sobriety tests, and the chemical test, and speak with the prosecutor for you. A lawyer can also appear at each court date, so you do not have to face the judge alone.
Whether to plead guilty or go to trial depends on the evidence. A guilty plea ends the case with a conviction and gives up the chance to challenge the stop and the test results. A trial lets your lawyer test the prosecution's evidence, though it takes more time and can cost more.
Our DUI defense team in Ohio represents clients in DUI and OVI cases of every kind. Results vary because every case depends on its own facts.
What Happens If I'm Arrested for OVI in Ohio?
If you are lawfully arrested for OVI, two processes take place. The first (the administrative process) determines if your driver's license gets suspended. The second (the criminal process) determines if you're guilty of a crime, with all the penalties implied therein.
Upon a lawful OVI arrest, a police officer may request that you take a chemical test to determine your blood or breath alcohol level. If it's at or above 0.08, or if you refuse to provide a sample for analysis, the officer can immediately seize your driver's license and suspend your driving privileges. To reinstate your driving privileges after an administrative suspension, you must:
- Serve the suspension period
- Pay the reinstatement fee ($315 for suspensions dated on or after April 9, 2025)
- Provide proof of insurance
Field sobriety tests are generally voluntary in Ohio, so you can decline them. Breath, blood, and urine tests work differently. Ohio's implied consent law applies to chemical tests, and refusing one triggers its own administrative license suspension. That suspension can be longer than the one that follows a failed test. A refusal can also make the penalties in a later case more serious.
You also have the right to remain silent. You can say that you want to speak with a lawyer before answering questions. Speak with a lawyer before you decide how to respond to any test.
A DUI case can involve two separate license suspensions, one administrative and one court-ordered, and each has its own timeline and options. Our License Suspension page covers both.
Cleveland DUI Court Process
After an arrest in or around Cleveland, your case will usually begin in a local municipal court, such as Cleveland Municipal Court, Parma Municipal Court, or another court serving the community where the stop occurred. Each court has its own scheduling practices, but all follow Ohio law on arraignments, pretrial hearings, motions, and trials. Knowing what to expect at each appearance can help you plan for work, childcare, and transportation.
At the arraignment, a judge explains the charge and potential penalties, may set bail, and asks you to enter a plea. If you plead guilty, you will be convicted of the offense. Pleading guilty at arraignment, before the evidence has been reviewed, can lock in mandatory penalties, including mandatory jail time, that you did not expect. Entering a not-guilty plea means your case will proceed, and you will have the opportunity to challenge the prosecutor's accusations.
Future dates are set for pretrial hearings. Your attorney meets with the prosecutor, presents evidence to counter their case, requests evidence, and decides whether to file motions challenging the stop, testing, or statements. The prosecutor may offer a plea deal at this stage, and most cases are settled during a pretrial hearing.
If your case is not resolved at these stages, it can be scheduled for a motion hearing or trial, where the judge or jury decides whether the state has met its burden of proof.
Different judges in Cuyahoga County and surrounding counties may handle bond, driving privileges, and plea discussions differently. A DUI attorney who regularly appears in these courts can explain how your particular judge tends to approach limited driving privileges, treatment recommendations, and sentencing ranges, so you can make informed choices about how to move forward.
Penalties for Driving Under the Influence in Ohio
Ohio has long had strict OVI laws. A conviction results in a mandatory license suspension.
How long your license is suspended depends on the severity and details of your arrest:
- First OVI: At least 3 days in jail or a 3-day driver intervention program (DIP). Fine between $365 and $1,075. If your test result was 0.17 or higher, the minimum jail term increases to 6 days, which may be served as 3 days in jail and 3 days in a DIP.
- Second OVI: Jail sentence of 10 days to 6 months or a combination of penalties. Fines between $715 and $1,625.
- Third OVI: 30 days to 1 year in jail; if BAC is 0.17% or higher, minimum 60 days. Fine between $1,040 and $2,500 and license loss of 2 to 10 years.
- Fourth OVI: Up to 5 years in jail and a $10,000 fine; potential permanent license loss.
- Fifth OVI or more: Significant penalties. Call for a consultation.
The full penalty breakdown is on our DUI Penalties page. Underage DUI charges follow different rules from adult charges.
Aggravated DUI in Ohio
Ohio's statutes do not use "aggravated OVI" as a formal charge name. People use the term for OVI cases with enhanced penalties, including high-test cases, refusal cases, and cases in which someone is seriously injured. These circumstances can make an OVI case more serious:
- High test. A result of 0.17 or higher raises the minimum jail term, as described above.
- Refusal. Refusing a chemical test can lead to a longer suspension and can increase the penalties in the case.
- Prior OVI convictions. Penalties increase when a prior OVI falls within the lookback periods described below.
- Serious injury or death. When impaired driving seriously injures or kills someone, prosecutors can file separate felony charges, such as aggravated vehicular assault or aggravated vehicular homicide, alongside the OVI. Those charges carry their own penalties.
If you are facing any of these charges, speak with a Cleveland DUI attorney as soon as possible.
How Long Will an OVI Stay on My Record?
Being charged with an OVI is serious. If you're convicted, the information will stay on your criminal record forever. Ohio looks back 10 years for most OVI penalties. This means that if you are convicted of a second OVI within 10 years of your first, the penalties for your second offense will be more severe. For a chemical test refusal, the lookback is 20 years for a prior OVI.
An OVI conviction generally cannot be sealed or expunged under Ohio law. For a full explanation, read our article Can a Criminal Record Be Expunged After a DUI in Ohio.
Out-of-State DUI Convictions
If you are arrested for OVI in another state, that state's laws and penalties generally apply to your case. The conviction can still affect your Ohio driving privileges. Under the Interstate Driver License Compact, the other state reports the conviction to the Ohio BMV, and Ohio generally imposes a six-month suspension as a result.
DUIs & CDL Disqualification in Ohio
Many of our clients are individuals who own and operate commercial vehicles. Without a CDL, they are unable to work or function normally. If you have a CDL and are charged with an OVI/DUI, you should speak with a Cleveland DUI attorney immediately. It is important to hire a criminal defense lawyer who knows how to both defend a DUI and protect your CDL. The Cleveland DUI attorneys at Patituce & Associates, LLC have handled a wide range of these cases.
How a DUI Case Can Impact Your Life
A DUI case can affect far more than the courtroom. Beyond fines, court costs, and possible jail time, losing your license can make it hard to get to work, school, and daily responsibilities. Even after privileges are restored, you may need an ignition interlock device or mandatory education programs. Insurance premiums can stay elevated for years, some people lose jobs or career opportunities, and the strain can reach relationships and everyday life.
Contact Our Cleveland DUI Attorney Today
As a Cleveland, Ohio DUI attorney, it would be my privilege to talk to you about your case. It is important that you speak with a lawyer fast if you have been charged with these crimes because facing a judge alone and entering a poor plea, or hiring a lawyer who does not understand DUI defense, can have lasting negative results in your case.
We offer a free consultation to all of our clients who have been arrested for OVI. Simply call (440) 771-1175 today to speak with our Cleveland DUI lawyers!