In Ohio, what many states call a DUI is charged as an OVI — Operating a Vehicle While Impaired. The terminology is different; the consequences are not. A first OVI conviction can mean mandatory jail time, a suspended license, thousands of dollars in fines and reinstatement fees, and a criminal record that follows you to your next job application.
Moran & Fisher, Attorneys at Law, LLC, defends OVI cases throughout Cuyahoga County and northern Ohio. We examine the stop, the tests, and the evidence — and when the government's case has a weakness, we pursue it.
The OVI Charges We Defend
Ohio's OVI law (R.C. 4511.19) covers several categories of alleged impairment. Understanding which applies to your case shapes the defense.
Per Se OVI (BAC or test result) — You are charged based on a breath, blood, or urine result that meets or exceeds a statutory threshold. For most drivers that is 0.08% BAC; lower thresholds apply for commercial drivers and drivers under 21.
Impairment OVI — You are charged based on observed signs of impairment — erratic driving, field sobriety test performance, officer observations — regardless of a test result. This is a more subjective charge and one where the defense has substantial room to work.
High-Test OVI — A BAC at or above 0.17% triggers enhanced mandatory penalties under Ohio law. [TODO: confirm current mandatory minimum jail days for first and subsequent high-test offenses before publication.]
Drugged Driving — OVI applies to impairment by any substance, including prescription medication and marijuana. Urine testing and drug recognition evaluations introduce their own reliability questions.
Felony OVI — A fourth OVI within ten years, or a sixth lifetime OVI, becomes a felony under Ohio law. Prior OVI convictions also carry significant weight in sentencing for subsequent charges.
What's at Stake
Even a first-offense OVI carries mandatory minimums under Ohio law. Consequences compound with each subsequent offense:
- Jail or mandatory driver-intervention program
- License suspension (Administrative License Suspension can begin before conviction)
- Ignition interlock device requirements
- Elevated insurance rates for years
- Points on your driving record
- A permanent criminal record visible to employers
For professional license holders — nurses, teachers, CDL drivers, attorneys — an OVI conviction can trigger licensing board review.
How Moran & Fisher Defends OVI Cases
Challenging the Traffic Stop — Police must have a lawful basis to stop your vehicle. A stop made without reasonable articulable suspicion violates your Fourth Amendment rights. If the stop was unlawful, everything that followed — the field tests, the arrest, the chemical test — may be suppressible.
Field Sobriety Test Reliability — Standardized Field Sobriety Tests (walk-and-turn, one-leg stand, horizontal gaze nystagmus) are designed and scored by officers under specific protocols. Physical conditions, lighting, footwear, road surface, and medical factors all affect performance. We examine the officer's training records, the test conditions, and the scoring.
Breath and Blood Test Challenges — Breathalyzer machines must be properly calibrated, maintained, and operated by a certified officer following approved procedures. Blood testing must comply with chain-of-custody and laboratory standards. Errors in any of these steps can challenge the reliability of a result.
Administrative License Suspension — The ALS that takes effect at arrest is separate from any criminal conviction. It can be contested at a hearing within a short window after arrest. This is one more reason early legal involvement matters.
Motions to Suppress — Attorney Moran has significant experience writing and successfully arguing suppression motions. When evidence is gathered through unlawful police conduct, we challenge it.
Why Moran & Fisher
Moran & Fisher is a trial firm. With more than 100 jury trials and 300 bench trials across the firm's combined record, we are prepared to take a case to verdict when the facts and law support it. We also know, from decades in Cuyahoga County courts, when a negotiated resolution is in a client's best interest — and how to achieve it.
We handle every client personally. You work with a partner, not a revolving staff of associates.
Past results do not guarantee a similar outcome. Every case is different.