If arrested for DUI or OVI in Cincinnati, you need the experienced Cincinnati DUI/OVI lawyers from Moermond & Mulligan, LLC to protect your rights.
Attorney L. Patrick Mulligan founded Moermond & Mulligan, LLC, with over 35 years of trial experience, working first as a prosecutor in Montgomery County and now defending OVI/DUI clients in Cincinnati and Dayton. Since 1997, he has been Board‑Certified in Criminal Law by the National Board of Trial Advocacy, a distinction held by fewer than two dozen lawyers in Ohio. His accolades include inclusion on the National Advocacy for DUI Defense (NAFDD) Superior DUI Attorneys and Top 100 Trial Lawyers lists, as well as recognition as a SuperLawyer.
Attorney Mulligan’s deep expertise gives clients a powerful advantage — he knows how prosecutors think and how to anticipate and counter the state’s strategy. His litigation record boasts thousands of defended cases and numerous client testimonials that praise the firm’s aggressive representation.
Understanding DUI Charges / OVI Charges in Cincinnati
In Ohio, OVI stands for Operating a Vehicle Under the Influence, and it’s the legal equivalent of “DUI” in other states. Ohio law also includes OMVI (Operating a Motor Vehicle Impaired with Drugs) and OVUAC (Operating a Vehicle While Under the Influence of Alcohol and Controlled Substances) for mixed or drug-only impairment
Ohio law establishes a legal limit for blood alcohol concentration (BAC) of .08 percent. If they catch you driving with a BAC above this limit, they could charge you with OVI. However, even with a BAC under .08%, erratic driving can still lead to an OVI charge.
If you’re pulled over on suspicion of OVI, the police officer may ask you to perform field sobriety tests. Examples of field sobriety tests include walking in a straight line or standing on one leg. The officers can also ask you to take a breathalyzer test, which measures your BAC. It’s important to note that you have the right to refuse field sobriety tests and breathalyzer tests. However, refusing a breathalyzer can suspend your license for a year, regardless of OVI conviction.
A DUI charge can lead to a criminal conviction, which has long-lasting consequences on your driving record and personal life.
Consequences for an OVI charge in Cincinnati can be severe. Your lawyer can investigate your arrest, challenge tests, and negotiate for reduced charges.
In addition to challenging the evidence against you, your lawyer can use defenses against your OVI charges. For example, your lawyer might challenge the traffic stop, sobriety tests, or breathalyzer accuracy to defend against drunk driving charges. Your OVI/DUI defense lawyer could negotiate a plea deal or potentially dismiss charges.
The DUI Arrest Process in Cincinnati
When a police officer pulls you over for suspected DUI, they will typically ask for your license, registration, and proof of insurance. The officer may also request that you step out of the vehicle to perform field sobriety tests, such as walking in a straight line or standing on one leg. You have the right to refuse tests, but refusal often triggers a one-year administrative license suspension under Ohio’s Implied Consent Law.
If the officer suspects that you are under the influence, they will arrest you and take you to the police station for booking and processing. This includes taking your fingerprints, photographs, and personal information.
Read more: What To Do If You’re Pulled Over for a DUI in Cincinnati
Understanding Implied Consent & License Suspension
Under Ohio’s Implied Consent law, driving a vehicle binds you to chemical testing requirements. Refusal to comply results in an automatic one-year administrative license suspension, even if you’re later acquitted of the criminal OVI charge
Penalties for OVI/DUI
If Cincinnati convicts you of OVI, you could face various penalties. These can include fines, jail time, and license suspension. Penalty severity varies based on BAC level, prior convictions, and if an accident occurred while impaired.
In some cases, a DUI charge is elevated to a felony DUI, which carries even more severe penalties, including longer jail time and higher fines.
Here are some of the potential penalties you could face if convicted of OVI in Cincinnati:
- Fines: First-time OVI offenders can face fines of up to $1,075, while repeat offenders can face fines of up to $10,500. Additionally, you might have to pay court costs and other fees related to your case.
- Jail Time: Depending on the circumstances of your case, you could face anywhere from three days to 180 days in jail for a first-time OVI offense. Repeat offenders can face up to one year in jail.
- License Suspension: OVI convictions can result in license suspension ranging from six months to three years for a first offense and up to 10 years for repeat offenses. You may also be required to have an ignition interlock device installed on your vehicle.
- Probation: You may be placed on probation following an OVI conviction. Probation can include requirements such as attending alcohol treatment programs, submitting to random drug and alcohol tests, and avoiding further criminal activity.
- Community Service: You may be required to perform community service as part of your sentence for OVI.
- Other Penalties: Depending on the circumstances of your case, you could also face other penalties, such as mandatory vehicle immobilization or impoundment, mandatory drug and alcohol treatment, or the requirement to attend victim impact panels.
In addition to these legal penalties, an OVI/DUI conviction can also have a lasting impact on your personal and professional life. For example, you may have difficulty obtaining employment or housing, and your insurance rates may increase significantly.
That’s why it’s so important to take OVI/DUI charges seriously and to seek the help of an experienced OVI/DUI defense lawyer as soon as possible. With the right legal representation, you may be able to challenge the evidence against you, negotiate a plea deal, or even have your charges dismissed altogether.
Read more: Consequences of an OVI/DUI Charge in Ohio
Read more: First Time DUI/OVI Offenses in Ohio
When Does a DUI/OVI Become a Felony Charge?
An OVI becomes a felony in cases involving:
- High BAC (≥ .17%)
- Serious injury or death caused
- Multiple prior convictions
Felony penalties include state prison time, lengthy suspensions, heavy fines, and lasting harm to your reputation and rights.
What to Expect in Cincinnati DUI Court
Facing DUI charges in Cincinnati can be daunting, but understanding the court process can help you prepare. The process typically begins with an arraignment, where you are formally charged and asked to enter a plea. Following the arraignment, the case may proceed to a pre-trial hearing, where the prosecution and defense discuss the evidence and potential plea deals.
If your case goes to trial, the prosecution will present its evidence, and your defense attorney will present your case. A DUI conviction in Cincinnati can result in severe consequences, including fines, license suspension, and jail time.
Possible Defenses Against OVI Charges
A seasoned Cincinnati DUI law firm such as Moermond & Mulligan, LLC will evaluate the:
- Legality of the traffic stop (reasonable suspicion)
- Accuracy and calibration of chemical tests
- Field sobriety test conditions
- Implied consent procedures
- Medical factors or equipment malfunction
- Overreach or wrongful arrest procedures
Choosing the Right Cincinnati DUI Lawyer for Your Case
Selecting the right lawyer for your DUI case in Cincinnati is crucial. A skilled and experienced Cincinnati DUI attorney can significantly impact the outcome of your case. When choosing a DUI lawyer, consider their experience, reputation, and track record of success. Find an experienced lawyer knowledgeable in Ohio DUI laws and the criminal justice system.
A good Cincinnati OVI lawyer should explain the charges against you, and outline a defense strategy. Settle not for a lawyer who lacks experience in DUI defense or who does not commit to defending your rights. Choose a lawyer dedicated to providing you with the best possible representation and who will fight to protect your freedoms.
Why Choose Moermond & Mulligan, LLC for Your OVI Defense?
At Moermond & Mulligan, LLC, our DUI/OVI attorneys in Cincinnati understand the serious nature of OVI charges. That’s why we work diligently to protect our clients’ rights, regardless of case complexity. Our founding attorney is board-certified in criminal defense law – a rare find in Ohio.
We will carefully review all of the evidence against you, including police reports, breathalyzer results, and other key information, to identify potential weaknesses in the prosecution’s case. Founding partner Patrick Mulligan is a former prosecutor who has handled many complex felony cases and has a reputation for aggressive representation.
Frequently Asked Questions About DUI/OVI Charges in Cincinnati
How Much Does a DUI/OVI Lawyer Cost?
Cost varies depending on case complexity, but it is a small price to pay compared to the impact a conviction would have on your future. We will collaborate with you to craft a robust defense strategy tailored to your unique circumstances. We’ll fight for your rights, whether negotiating, suppressing evidence, or going to trial.
What’s the difference between OVI and DUI in Ohio?
In Ohio ‘OVI’ is the statutory term that covers driving under the influence of alcohol (DUI), drugs, or both. DUI is informal; legally Ohio uses the term ‘OVI’.
Can I refuse a breathalyzer test in Cincinnati?
Yes, but refusal triggers an automatic one‑year administrative license suspension under Ohio’s implied consent laws.
How long does a DUI stay on your record in Ohio?
An OVI conviction remains on your driving record indefinitely in Ohio, although points may fall off after years. Read our blog for full details.
Can an OVI charge be dismissed in Ohio?
Yes—if your traffic stop or chemical tests were improperly handled, an experienced DUI lawyer can move to suppress evidence and potentially get the case dismissed.
What happens if I’m charged with DUI under 21 in Ohio?
Under‑21 drivers face a zero‑tolerance limit (.02% BAC) and can lose their license quickly. Repeat or aggravated cases can result in higher penalties.
Is a first‑time OVI offense a misdemeanor or felony in Ohio?
A first‑time OVI is a first‑degree misdemeanor, but penalties (jail, suspension, fines) are much harsher than typical misdemeanors.
What is Ohio’s “Implied Consent” law?
By driving in Ohio you implicitly consent to BAC testing. Refusal to submit triggers license suspension regardless of criminal outcome.
Can I get driving privileges during my license suspension?
You may apply for limited driving privileges through BMV or court if you meet eligibility. An attorney can guide you.
What’s the difference between an administrative and criminal DUI penalty?
Administrative penalties (like license suspension) are imposed immediately after refusal or arrest. Criminal penalties follow conviction and include fines, jail, or probation.
Contact Moermond & Mulligan, LLC About Your Cincinnati DUI Charges Now
If you’re facing OVI/DUI charges in Cincinnati, don’t wait to get the legal help you need. Contact Moermond & Mulligan, LLC today to speak with one of our experienced Cincinnati OVI lawyers and traffic offense lawyers.
During your confidential consultation, our team of attorneys will review the details of your case. We will provide you with an honest assessment of your legal options. Our Cincinnati criminal defense attorneys will also explain our approach to defending OVI cases, answer any questions you may have, and provide you with the guidance and support you need to make informed decisions about your future.
Don’t face OVI charges in Cincinnati alone. Contact Moermond & Mulligan, LLC today to get the help you need to protect your rights and future.
Last Updated: 08-14-2025