How to Deal With an OVI Charge When You Are a College Student in Cincinnati, Ohio

Being charged with an OVI as a college student in Cincinnati creates a unique and complex situation that extends far beyond the typical criminal case. You face not just criminal charges in court, but also university disciplinary action that operates under completely different rules and standards. The decisions you make in the coming days and weeks can significantly impact your educational future, your career prospects, and your life. This guide covers what you need to know about the legal process, your rights, and how to protect your future during this critical time.

Understanding OVI Charges for College Students in Ohio

In Ohio, the term “OVI” (Operating a Vehicle Impaired) is used instead of DUI. This distinction matters when navigating the legal system and understanding your charges. For college students under 21, the law is particularly strict: any BAC of 0.02% or higher can result in an OVI charge. If you are 21 or older, the threshold is 0.08% BAC or higher.

What makes a college student’s OVI charge especially serious is that you face dual legal systems operating simultaneously. First, you have the criminal court process, where the state prosecutes you for violating Ohio’s OVI laws. Second, you have your university’s disciplinary process, which operates independently and can result in suspension or expulsion. The critical point to understand is that these two systems do not communicate with each other, and your university can discipline you regardless of what happens in criminal court.

Why College Students Face Stricter Penalties

College students face stricter BAC thresholds than adults because Ohio recognizes that underage drinking and driving create heightened public safety concerns. Additionally, universities maintain their own conduct codes that often exceed state law requirements. This means you could face serious consequences from both the criminal justice system and your educational institution simultaneously.

Immediate Steps to Take After an OVI Arrest

The moments and hours following an OVI arrest are critical. Your actions now will directly impact your legal defense and your ability to protect your rights.

• First, do not discuss the incident with anyone except your attorney. Anything you say can and will be used against you in court. This includes conversations with friends, family members, or anyone on social media. Do not post about the arrest on any social media platform. Understanding your rights during police questioning is essential at this stage.
• Second, request legal representation immediately. Invoke your right to counsel and do not answer questions without an attorney present. This is your constitutional right, and exercising it is not an admission of guilt—it is the smart legal move. An experienced Cincinnati OVI/DUI defense attorney can protect your rights from the moment of arrest.
• Third, understand your rights during traffic stops. You have the right to decline certain field sobriety tests in some circumstances. You also have the right to know why you were stopped and to see the officer’s badge number and name. Document this information if possible. Learning about what to do when pulled over for a DUI can help you navigate this critical moment.
• Fourth, preserve evidence. If there was a dashcam in your vehicle or nearby, note this. Gather the names and contact information of any witnesses. Document the exact circumstances of your arrest, including the time, location, weather conditions, and any medical conditions you have that might affect sobriety tests (such as inner ear problems, balance disorders, or medications).
• Finally, contact your family or support system. You will need emotional support during this process, and your family should understand what is happening so they can help you navigate the legal system.

Criminal Court Consequences for College OVI in Cincinnati

Understanding the potential criminal penalties is essential for grasping the seriousness of your situation. For a first-time OVI offense in Ohio, the consequences include:

• License Suspension: A minimum of 1 year (12 months), with suspension periods ranging from 1 to 3 years depending on your BAC level and other circumstances. An Administrative License Suspension (ALS) may also occur immediately at arrest, separate from the court-imposed suspension. During this suspension, you cannot legally drive, which creates significant challenges for college students who need transportation. Understanding how long a DUI stays on your record is important for planning your future.
• Fines: Ranging from $565 to $1,075 for first-time OVI offenses (increased as of April 2025 under Liv’s Law). These fines add up quickly when combined with other costs such as court fees, mandatory education programs, and ignition interlock device installation.
• Possible Jail Time: Up to 6 months for a first offense, though a minimum of 3 consecutive days in jail is mandatory (or completion of a Driver Intervention Program as an alternative). Jail time is not always imposed for first-time offenders, particularly if you have no prior criminal history. Learning about the likelihood of jail time for a first DUI can help you understand your situation.
• Probation: Typically 1 to 5 years, during which you must comply with specific conditions set by the court.
• Mandatory OVI Education Programs: You will be required to complete an approved OVI education program at your own expense.
• Ignition Interlock Device: Depending on your BAC level, you may be required to install an ignition interlock device in any vehicle you operate. This device requires you to provide a breath sample before the vehicle will start.
• Criminal Record: An OVI conviction becomes part of your permanent criminal record unless you later qualify for expungement. This record can affect employment, housing, professional licensing, and educational opportunities.

How an OVI Affects Your College Career and Financial Aid

This is where the dual legal system becomes particularly devastating for college students. Your university’s disciplinary process operates separately from criminal court and uses a much lower burden of proof.

• University Disciplinary Hearings: Your school will conduct its own investigation and hearing. Unlike criminal court, which requires proof “beyond a reasonable doubt,” universities only need to show that a violation occurred by a “preponderance of the evidence”—essentially, that it is more likely than not that you violated the conduct code. This lower standard means you could be disciplined even if you are acquitted in criminal court.
• Potential Suspension or Expulsion: Depending on your university’s policies, an OVI conviction or even an OVI charge can result in suspension or expulsion. Some universities have mandatory expulsion policies for alcohol-related driving offenses.
• FAFSA Eligibility: While OVI convictions do not affect federal financial aid eligibility, it’s important to note that as of 2025, drug convictions also no longer impact FAFSA eligibility. However, scholarships may have their own conduct policies that could be affected, and a conviction can impact future professional licensing and employment opportunities. Additionally, if your university suspends or expels you, you lose access to financial aid while not enrolled.
• Scholarship Revocation: Many scholarships include conduct clauses that allow the scholarship provider to revoke funding if you are convicted of certain crimes, including OVI.
• Impact on Professional Licensing: If you are pursuing careers in nursing, teaching, law, engineering, or other licensed professions, an OVI conviction can create significant obstacles to obtaining your license.
• Background Check Implications: Future employers often conduct criminal background checks. An OVI conviction will appear on these checks and may affect your employment prospects.

Defense Strategies for College Student OVI Cases

Understanding potential defense strategies is important because not all OVI cases are as strong as prosecutors believe. Several avenues exist for challenging the evidence against you. An experienced Cincinnati criminal defense attorney can identify weaknesses in the prosecution’s case.

Challenging the Traffic Stop: The police officer must have had reasonable suspicion to stop your vehicle. If the stop was illegal, any evidence obtained after the stop may be excluded from court. Learn more about your rights during a traffic stop.

Questioning Field Sobriety Test Accuracy: Field sobriety tests such as walk-and-turn, one-leg stand, and horizontal gaze nystagmus have known reliability issues. Results can be affected by factors including fatigue, medical conditions, nervousness, or the surface where the test is performed. These tests are subjective, and outcomes may be challenged. In Ohio, you have the right to decline field sobriety tests in many situations.

BAC Test Reliability Issues: Breathalyzer and blood tests must be administered according to strict procedures. If procedures were not followed precisely, the results may be unreliable or inadmissible. Understanding how breathalyzers work can help you identify procedural errors. In Ohio, tests must be conducted and analyzed using methods approved by the Department of Health. This includes proper calibration, qualified operators, and specific timing requirements. Additionally, you have the right to refuse a breathalyzer in Cincinnati.

Procedural Errors in Arrest: If the officer violated your Miranda rights, failed to properly advise you of your rights, or made other procedural errors, evidence may be excluded.

Negotiating Reduced Charges: In many cases, prosecutors are willing to negotiate. You might be able to plead to a lesser offense that carries fewer consequences. Understanding what DUI charges can be reduced to can help you evaluate your options.

Record Sealing Options: In Ohio, OVI convictions are not eligible for record sealing or expungement, even for first-time offenders. However, if your charges were dismissed or you were acquitted, you may be eligible to seal records related to the arrest or dismissed charges. An experienced criminal defense attorney can advise you on what record sealing options may be available in your specific situation.

Why You Need an Experienced OVI Defense Attorney

Facing an OVI charge as a college student requires legal representation that understands both the criminal justice system and the unique pressures college students face. An experienced OVI defense attorney serves multiple critical functions.

Your attorney navigates the dual legal systems on your behalf—both criminal court and university disciplinary proceedings. They understand how to protect your rights in both forums and can coordinate your defense strategy across both systems.

Your attorney negotiates with prosecutors to potentially reduce charges or penalties. They investigate the evidence against you, identify weaknesses in the prosecution’s case, and develop defense strategies tailored to your specific circumstances.

Your attorney represents your interests at university disciplinary hearings where permitted, advocating for the most favorable outcome possible. They understand Ohio-specific OVI laws and procedures, ensuring that all your constitutional rights are protected throughout the process.

Most importantly, your attorney helps minimize the long-term consequences of an OVI charge. By securing dismissals, acquittals, or reduced charges, they protect your educational future, your career prospects, and your life.

Why Choose Moermond & Mulligan, LLC To Help You With Your OVI/DUI Case

Moermond & Mulligan, LLC brings extensive experience in OVI defense to your case. The firm has successfully represented clients facing OVI charges, including securing a complete dismissal in a case where the prosecution destroyed crucial evidence. By identifying evidentiary issues and constitutional violations, the firm demonstrated how procedural errors and missing evidence can result in case dismissal—even when the prosecution initially believed they had a strong case (view more case results).

This case illustrates the firm’s attention to detail and deep understanding of Ohio’s criminal procedure requirements. When facing an OVI charge as a college student, having attorneys who understand how to challenge evidence, identify prosecution mistakes, and protect your constitutional rights can make the difference between conviction and dismissal.

Patrick Mulligan, Esq., the founding attorney at Moermond & Mulligan, LLC, is a Board Certified Criminal Law Specialist by the National Board of Trial Advocacy. He has been recognized as a Super Lawyer and named to the Top 100 Trial Lawyers list. Additionally, Mr. Mulligan was recognized as one of the Top 100 DUI Attorneys in the nation by the National Advocacy for DUI Defense. With over 35 years of experience in criminal defense, Mr. Mulligan brings extensive knowledge to OVI cases.

Brad Moermond, co-founder, was named to the National Trial Lawyers Top 40 Under 40 in 2020, recognizing him as one of the most accomplished trial lawyers under age 40 in Ohio. Mr. Moermond brings extensive prosecutorial experience from his time as an Assistant Prosecutor at the Montgomery County Prosecutor’s Office, where he prosecuted hundreds of felony cases. This prosecutorial background provides unique insights into how prosecutors build their cases and where weaknesses can be identified.

The attorneys at Moermond & Mulligan, LLC understand the unique pressures college students face and the importance of protecting your educational future while defending your legal rights. If you’ve been convicted and want to explore your options, learn about how to appeal a DUI/OVI conviction in Cincinnati. Contact the firm today at (513) 421-9790 for a confidential consultation to discuss your case and explore your defense options. We have offices in both Cincinnati and Dayton.

Frequently Asked Questions

What is the difference between a DUI and an OVI in Ohio?

In Ohio, the term “OVI” (Operating a Vehicle Impaired) is used instead of DUI. For college students under 21, any BAC of 0.02% or higher can result in an OVI charge, while those 21 and older face charges at 0.08% BAC or higher. The penalties and legal consequences are similar to DUI charges in other states, but understanding Ohio’s specific terminology is important when navigating the legal system. Learn more about OVI vs. DUI.

Can my college expel me for an OVI charge even if I’m found not guilty in criminal court?

Yes. Universities have separate disciplinary processes with a lower burden of proof (“preponderance of the evidence”) compared to criminal court (“beyond a reasonable doubt”). This means your school can discipline you—including suspension or expulsion—even if you are acquitted in criminal court. The two processes operate independently, and a criminal acquittal does not prevent university discipline.

Will an OVI conviction affect my ability to get financial aid?

OVI convictions do not affect federal financial aid eligibility. As of 2025, drug convictions no longer impact FAFSA eligibility. However, scholarships may have their own conduct policies that could be affected, and a conviction can impact future professional licensing and employment opportunities. Additionally, if your university suspends or expels you due to the OVI, you would lose access to financial aid while not enrolled.

Related Posts

Three Types of DUI Infractions in Ohio

Are Field Sobriety Tests Reliable in DUI Cases?

7 Signs That a DUI Case Is Weak in Cincinnati, OH