Drunk driving defense is a complex and technical area of the law. If convicted of an OVI / DUI your driving record is at stake and you should be aware of all the possible OVI / DUI PENALTIES. In Ohio, a charge of OVI / DUI triggers two separate cases. First, the court case where the penalties include the possibility of jail time, fines, mandatory drug classes, and potential immobilization or forfeiture of your vehicle. Second, the Ohio Bureau of Motor Vehicles (BMV) case where you must deal with the consequences of an Administrative License Suspension (ALS). It is important that you contact and experienced OVI / DUI attorney before your arraignment to ensure you certain defenses are raised or else they are considered waived.

Fighting For Your Right to Drive!

The Meranda Law Firm knows what to look for in defending an OVI / DUI charge. The key is to pay very close attention to the details. Below are some of the issues in which we can assist you in defending your OVI / DUI charge:

• Validity of Initial Stop – An OVI/ DUI charge generally starts with an initial traffic violation stop. The police officer must have “reasonable suspicion” before he/she may pull over your vehicle. The Meranda Law firm can assist you in challenging the validity of the stop. If the police officer did not have the authority to pull you over, your case may possibly be dismissed.

• Legality of the “Field Sobriety Tests” – Once pulled over, the police officer must then gain “reasonable suspicion” that you have been drinking. Police officers typically gain this suspicion by a number of clues such as, glassy red eyes, slurred speech, an odor of alcohol about your presence or person, etc. Upon confirming their suspicion that you have been drinking, the police officer is authorized to ask you to step out of your car and require that you perform a number of performance tests. These tests are called field sobriety tests and include the following: Horizontal Gaze Nystagmus (HGN), Walk and Turn, and One Leg Stand. The Meranda Law Firm can assist you in challenging the validity and admissibility of these tests. If the police officer was not certified to administer these field sobriety tests, or if the tests were not administered pursuant to the procedures set out in the Ohio Revised Code, the evidence obtained can be suppressed.

• Illegal Statements made by the Defendant – Upon completion of the field sobriety tests, if the police officer concludes that there is “probable cause” to arrest you for OVI / DUI, the officer can place you under arrest and have you transported to the police station. Upon arrest, the police officer must read you your constitutional rights. They must inform you that you have the right to remain silent, anything you say will be used against you; you have a right to an attorney, and if you can’t afford one, one will be appointed to you. The Meranda Law Firm can assist you in challenging the admissibility of your statements while in custody. Upon invoking your rights, any statements not voluntarily provided by you that were obtained in violation of your 5th Amendment right against self-incrimination, and your 5th & 6th Amendment right to counsel as applicable under the 14th Amendment may not be used as evidence against you and can be suppressed.

• Validity of Breath/Blood/Urine Test – Upon being transported to the police station, the police officer will request that you submit to a breath, blood, or urine sample for testing to determine the level of alcohol in your system. The most common test for alcohol is the breath test. If you consent to the test, you provide a sample of your breath by blowing into a breathalyzer machine. Such test must be administered in accordance with the time limitation and regulations of the State of Ohio. Additionally, there are strict standard “calibration” procedures that these machines must go through in order for the results to be admitted into trial. The Meranda Law Firm knows how these machines are to be used and maintained. If the police do not follow strict procedures in the use and maintenance of these machines nor administer the test within the statutory time frame, the evidence obtained can be suppressed.

• Administrative License Suspension (ALS) If you refuse any chemical testing, or test over the legal limit of Blood Alcohol Concentration (BAC), this will result in an immediate suspension of your license by the Ohio Bureau of Motor Vehicles. This is called an Administrative License Suspension (ALS). The Meranda Law Firm knows the limited statutory and constitutional bases in appealing the ALS suspension, how to go about requesting driving privileges, and the procedure for reinstating your license.

• Impoundment of your Vehicle. If you are arrested for OVI/DUI the arresting police officer can seize your car. If this is your first offense, you will probably be able to pick up your car the next day. If this is your second offense or more, The Meranda Law Firm can assist you in obtaining a release from the court for your car.

Contact The Meranda Law Firm today for a FREE CONSULTATION.


The Meranda Law Firm handles Criminal Cases for clients in the following counties/cities throughout central Ohio, Licking County, Perry County, Franklin County, Fairfield County, Delaware County, Pickaway County, Madison County, Union County, Marion County, Knox County, Muskingum County, Coshocton County, Morrow County, Clark County, Newark, Columbus, Heath, Granville, Johnstown, Pataskala, Mount Vernon, Lancaster, New Lexington, Zanesville, Reynoldsburg, New Albany, Westerville, Hebron, Circleville, Kirkersville, and Alexandria.