Protecting Your Freedom and Your License
Aggressive DUI / OVI Defense Attorney in Warren & Montgomery Counties
What Do I Do If I Am Charged With a DUI / OVI?
If you are charged with a DUI / OVI, immediately invoke your right to remain silent and request a lawyer. Do not answer questions, provide statements, or discuss the case with anyone other than your attorney—including family, friends, or on social media.
The immediate steps to protect your freedom and legal rights include the following:
1. Exercise Your Right to Remain Silent
- Say nothing: Explicitly tell law enforcement, "I want to speak to a lawyer and I am invoking my right to remain silent."
- No explanations: Do not attempt to "clear things up" or tell your side of the story without an attorney present. Innocent remarks can be manipulated and used against you.
- No recorded calls: Be aware that all calls from jail (except those to your attorney) are recorded. Do not discuss the facts of your case over jail phones or text messages.
2. Secure Legal Representation
- Get a criminal defense lawyer: Hire an experienced OVI defense attorney immediately to challenge the license suspension and begin building your case.
- Use a Public Defender: If you cannot afford a private lawyer, the court will appoint a public defender to ensure your rights are represented.
- Be transparent with your lawyer: Your conversations with your lawyer are protected by attorney-client privilege. Tell them every detail and fact you know so they can build an effective defense.
3. Document the Details of Your Traffic Stop
- Write it down: Note the exact time, location, reasons the officer gave for pulling you over, and what tests you were asked to perform.
- List witnesses: If anyone was in the car with you or witnessed the stop, write down their contact information immediately.
4. Locate Local Legal Support
If you are located in or near Franklin, Ohio, you fall under the jurisdiction of the Warren, Montgomery, or Butler County legal systems. To protect your driver's license and freedom, you need highly-rated local criminal defense attorneys who understand the local courts.
The Law Office of David A. Chicarelli Co., LPA brings unparalleled authority to the courtroom. Our firm has extensive public service experience, including serving as a Judge and Magistrate in the Warren County Court, and serving as Law Director and Prosecutor for the City of Carlisle. We have evaluated cases from the judge's bench and prosecuted them on behalf of the state—we know exactly how the state builds its OVI case against you.
Frequently Asked Questions about DUI / OVI in Ohio
What is the penalty for a first-time DUI / OVI in Ohio?
In Ohio, a first-time OVI conviction carries mandatory penalties, including a minimum of 3 days in jail (or an alternative driver intervention program), license suspension from 1 to 3 years, and significant fines, plus potential points on your license.
How can an attorney defend against a DUI / OVI charge?
Defense strategies may include challenging the legality of the traffic stop, questioning the accuracy of breathalyzer or field sobriety tests, exposing procedural errors by law enforcement, and negotiating to reduce charges.