%20(Email%20Header)-.png)
%20(Email%20Header)-.png)
OVI FAQs
OVI FAQs in Ohio
This page answers the questions people actually ask after an OVI stop. Not hypotheticals. Not worst-case internet panic. The practical questions that matter when the clock is already running.
If you want a deeper breakdown of any topic below, those pages are linked throughout the site.
No. Field sobriety tests are voluntary.
That does not mean officers won't arrest you, but it does mean you are not required to voluntarily participate in their investigation. Officers often present these tests as routine or implied. They are not.
Field sobriety tests are designed as evidence-gathering tools, not neutral assessments. Once they are performed, they cannot be undone.
This is one of the earliest decision points in an OVI case, and it matters.
Can I refuse a breath, blood, or urine test?
Yes, but refusal has consequences.
Chemical tests are governed by Ohio’s implied consent law. Refusing can trigger an administrative license suspension, even if you are never convicted of OVI.
Whether refusing helps or hurts depends on timing, prior history, and how the stop unfolded. There is no universal answer. Anyone telling you otherwise is oversimplifying.
Does an OVI Charge Automatically Mean I Was Impaired?
No.
An OVI charge means an officer believes there was enough evidence to proceed. It does not mean impairment has been proven.
OVI cases are built from observations, field sobriety tests, and chemical testing. Each step has rules, assumptions, and room for error. When those steps break down, the conclusion does too.
That distinction matters, and it is why understanding the stop, the testing, and the process matters more than the label on the charge.
Will my license be suspended immediately?
Often, yes.
In many Ohio OVI cases, a license suspension begins before the case is resolved. Sometimes before you fully understand what you are charged with.
This can happen through an administrative suspension tied to testing, or through a court-ordered suspension after arrest.
License suspension is not a side issue. For most people, it is the part of the case that causes the most disruption.
Can I still drive if my license is suspended?
Sometimes.
Limited driving privileges may be available, but they are not automatic. Courts look at timing, prior history, compliance, and the specific facts of the case.
Knowing when to ask, how to ask, and what to request makes a difference. Waiting too long or assuming privileges will be granted can backfire.
Can an OVI Be Reduced or Dismissed?
Sometimes. Sometimes not.
OVI cases turn on how the evidence was gathered, not just what the officer believed at the scene. Illegal stops, improper testing, and procedural mistakes can change the direction of a case.
There are no guarantees. But there are often leverage points that are not obvious at the beginning.
That is why early review matters.
What Happens If This Is My Second OVI?
A second OVI is treated more seriously than a first, but the outcome still depends on the details.
Prior history, timing between cases, the type of testing involved, and how the stop was handled all matter. The law draws sharp lines, and small differences can lead to very different consequences.
This is not a situation where general advice applies. The strategy changes based on the facts.
How Long Does an OVI Case Usually Take?
Most OVI cases take months, not weeks.
The timeline depends on the court, the complexity of the evidence, and whether issues are being challenged. Some cases resolve quickly. Others take longer because they should.
Speed is not always the goal. Position is.
Is an OVI a felony?
Most first-time OVIs are misdemeanors. Some are not.
Felony OVI charges typically involve prior convictions, serious injury, or specific aggravating factors. Once a case crosses into felony territory, the stakes change quickly.
Penalties increase. Procedures change. Strategy changes.
This is not an area where guessing helps.
Will this stay on my record?
Yes.
An OVI conviction does not disappear with time. It remains part of your criminal and driving history and can affect future charges, penalties, and licensing.
That is why how a case is handled early matters more than people realize.
Should I just plead guilty and move on?
Sometimes that instinct comes from stress, not strategy.
Every OVI case has weaknesses. Traffic stops, testing procedures, timing, officer observations. Those weaknesses do not identify themselves unless someone looks for them.
Moving quickly is not the same thing as moving wisely.
When should I talk to an attorney?
Earlier than most people do.
OVI cases move fast. Evidence is created early. License suspensions begin early. Decisions made in the first hours and days often shape the entire case.
Waiting rarely improves your position.
A focused conversation early on can clarify where you stand, what matters, and what does not.
How this page fits into the bigger picture
These questions are connected. Traffic stops lead to field sobriety tests. Field sobriety tests lead to chemical testing. Chemical testing affects license suspension.
Prior cases affect felony exposure.
This is not a checklist. It is a chain.
Understanding one part requires understanding the whole.
If you are dealing with an OVI charge in Ohio and want clear answers instead of noise, that conversation is worth having.
Related Blog Posts
