OVI Defense Attorney

Defending Against Drunk Driving Charges in Ohio

OVI (operating a vehicle impaired) is a newly designated criminal offense that encompasses drunk driving cases, driving while intoxicated (DWI), driving under the influence (DUI), and operating a motor vehicle impaired (OMVI). Under this new statute, actually driving the vehicle is no longer a requirement, and “vehicle” now refers to more than just a motor vehicle.

If you have been accused of drunk driving then your driver’s license, your freedom, and your future could be on the line. When faced with an OVI charge, time is of the essence. Never underestimate your charges. You need an experienced Akron OVI lawyer who can a stand up for your rights in court and walk you through the DUI/OVI process. DiCaudo, Pitchford & Yoder is a highly qualified criminal defense firm with extensive OVI experience.

Our Akron DUI attorneys have successfully helped many clients charged with OVI avoid penalties such as:

  • Probation
  • Jail time
  • Fines
  • Restitution
  • Court-ordered alcohol or drug treatment
  • Ignition Interlock Devices
  • Higher Insurance Rates
  • Driver’s License Suspension
  • Vehicle forfeiture
  • Permanent criminal record

Call 330-762-7477 or request your free case review online now with our Akron DUI attorneys!

Ohio DUI / OVI Law

Ohio law provides that it is unlawful for any person under the influence of: (1) alcohol; (2) a drug of abuse; or (3) a combination of alcohol and a drug of abuse to operate a motor vehicle.

Further, it is illegal for any person having blood-alcohol-concentration (BAC) of 0.08 or higher to operate a motor vehicle. This type of offense, often known as a “per se” violation, would apply regardless of whether the individual is under the influence of alcohol at the time. This means that a person can have alcohol in their system which is not significantly impairing their ability to drive yet still be charged with DUI/OVI.

Ohio law does not require that an individual actually be driving a vehicle to receive a DUI/OVI, rather the individual merely need by in “physical control” of a vehicle while under the influence or with a BAC of 0.08 or higher. “Physical control” is defined as being in the driver’s seat of a vehicle and having possession of the vehicle’s keys or other ignition device. Generally speaking, penalties for “physical control” offenses are less severe than those for DUI/OVI.

An important difference between and Administrative License Suspension and a DUI/OVI or “physical control” offense is that the former affords the offender the option of contesting his/her license suspension through appeal while the latter requires that the offender appear in court or a warrant will be issued for his/her arrest.

If you have been arrested for DUI/OVI in Ohio, contact an Akron DUI lawyer today at 330-762-7477.

Cases Our Akron OVI Lawyers Handle
What is the Blood Alcohol Limit in Ohio?
  • General BAC limit: 0.08%
  • Commercial Vehicle Drivers: 0.04%
  • Drivers Under Age 21 (“Zero Tolerance”): 0.02%
  • “Enhanced Penalty” BAC Level: 0.17%
Implied Consent Law in Ohio

Yes. Refusing a BAC test in Ohio will result in automatic suspension of your driver’s license.

DUI Penalties in Ohio

We know how to challenge OVI test results and will ensure your constitutional rights are protected. Our Akron OVI lawyers will work tirelessly to help you reinstate your driver’s license, avoid jail, avoid serious fines, and avoid a criminal conviction. Let us fight to clear your name along with your charges!

Sentencing in an OVI case can vary depending on several factors. One of the most important aspects of a DUI case is whether or not the defendant has a prior DUI record (multiple OVI offenses).

The DUI penalties even a first-time OVI offense in Ohio can result in a minimum of 3 days to 6 months in jail, fines from $375 to $1,075, license suspension from 6 months to 3 years, possible installation of ignition interlock device, and a license reinstatement fee. Our firm can provide the competent legal counsel and skilled representation you will need when fighting OVI charges.

Second Offense OVI in Ohio

A second OVI offense in Ohio within 10 years may result in the following penalties:

  • Up to 6 months in jail
  • Fines ranging $525 – $1,625
  • Between 1-7 years of license suspension
  • 90 day vehicle forfeiture
  • Ignition interlock device
  • Mandatory DUI plates
  • Court-ordered drug/alcohol program
  • Up to 5 years of probation
Third Offense OVI in Ohio

A third OVI offense in Ohio within 10 years may result in the following penalties:

  • Up to 1 year in jail
  • Fines ranging $850 – $2,750
  • Between 2-12 years of license suspension
  • Vehicle forfeiture
  • Ignition interlock device
  • Mandatory DUI plates
  • Mandatory drug/alcohol program
  • Up to 5 years of probation
Felony Offense OVI in Ohio

A fourth OVI offense in Ohio within 10 years is considered a fourth-degree felony and may result in the following penalties:

  • Up to 1 year in jail
  • Fines ranging $1,350 – $10,500
  • Court license suspension from 3 years or permanent revocation
    • $250 license reinstatement fee
  • Vehicle forfeiture
  • Ignition interlock device
  • Mandatory DUI plates
  • Mandatory drug/alcohol program
  • Up to 5 years of probation

A second felony OVI in Ohio will result in a minimum of 120 days in prison (double if you have a high test result or refuse a test). The maximum term is 5 years in prison for this offense.

Ohio’s “Open Container Law”

“Open container” laws apply to driver and passengers. No open container of alcohol (meaning the seal was even partially broken) shall be in the possession or within reach of any driver or passenger in a vehicle.

Common OVI Defenses in Ohio

The important thing to remember is to not easily throw up the white flag by entering a guilty plea. Our team can get familiar with the evidence that the prosecutor plans to bring against you. We run a full scale investigation into the details of your case, and we dig for flaws and weaknesses that can discredit the prosecution’s case against you.

Once our Akron DUI attorneys identify major flaws we can then work to file a motion to have the evidence suppressed. During this process some important questions we bring up in court include:

  • Did the arresting officer have probable cause to pull you over?
  • Was the officer legally allowed to detain you for DUI/OVI?
  • Were the field sobriety tests conducted properly?
  • Was your DUI/OVI arrest justifiable?
  • Did the arresting officer follow protocol abide by all regulations?
  • Was the breath test, urine test, or blood test administered correctly?
  • Was all the paperwork filled out according to standards?
DUI Defense in Akron, Summit County, Portage County, Stark County & Medina County

Having a dedicated DUI lawyer on your side can be invaluable in the court process. Our Akron DUI attorney will have an understanding of the legal system, ensuring that you get the best possible outcome for your case. They will review all of the evidence and formulate the most effective defense strategy available to you.

Our legal team will also be able to negotiate plea bargains with prosecutors when applicable, potentially reducing charges or penalties associated with your case. Additionally, our Akron DUI lawyer’s knowledge of the law and previous experiences may result in them finding flaws in evidence or procedural errors that could help get your case dismissed completely.

  • Our Akron OVI lawyers have 85+ years’ experience,
  • Have been selected for U.S. News—Best Lawyers “Best Law Firms”,
  • Are backed by a proven track record of OVI defense, and
  • Offer 24/7 availability to answer your questions

Contact an Akron DUI lawyer at 330-762-7477 if you have been charged with OVI to have your case reviewed and for competent legal representation.


I found Mr. DiCaudo through a Google search and met with him on a Sunday. He was very considerate and genuinely interested in defending a friend of mine. He was really clear on his defense strategy and the potential hurdles he may have encountered, but he delivered perfectly what he said would…