What You Should Have Been Given
Citation
On the day that you received your OVI you should have been given a citation from the police officer or trooper. That should contain all of the offenses that you’ve been charged with. For example, if you were pulled over for crossing a lane line, that should be noted on the ticket. Or, if you were pulled over for speeding, that should be on the ticket.
Your OVI could have been charged in one of 20+ ways. Usually the officer will cite the 4510.11 a1a charge. This is the “simple OVI” charge. Then, if you submitted to a breath, blood, or urine test, then that will also be cited on your ticket.
ALS Suspension
If you test over, or if you refuse the chemical test, the police officer will serve you with the BMV form 2255. The BMV suspends your license in these 2 scenarios. The police officer should serve you a copy of this form.
Arraignment
Your case will be set for an arraignment within 5 business days in Room 4C on the 4th floor of the Franklin County Courthouse- located at 375 S. High Street. While your attorney can likely waive your presence at the arraignment, the attorneys at Suhre and Associates always advise clients to appear at the arraignment if possible. If there is a schedule conflict, the attorney will work with you to continue the arraignment date to a date that works for you.
If this is a first offense, you will likely need to get fingerprinted. At the arraignment- your attorney will pull your file, and guide you to the fingerprinting station. Once you’ve completed your fingerprints, your attorney will talk to the prosecutor about your case.
The prosecutor will give your attorney any paper discovery that they may have. This usually includes the police report, any witness statements, the intoxication report, breath test results, etc. Then, sometimes they may make an offer to reduce or amend the charge to something that is not a DUI. In that event, your attorney will review the evidence that he or she has been given and discuss your options with you.
If you and your attorney are satisfied with the offer then you can enter into a plea at the arraignment. The judge may sentence you that day, or continue the case for sentencing depending on what your attorney and the prosecutor have worked out.
If you and your attorney are not happy with the offer, or want to wait to see the video or any additional evidence, then you can ask to have your case set for a pre-trial. In the meantime, your attorney will ask
the prosecutor to put a hold or a “stay” on the suspension that the BMV put you under. That would allow you to drive while your case is pending.
Pre-Trial
If you and your attorney decide to set the case for a pre-trial, your case will linked to one of the 15 judges. At this point, the prosecutor should supplement the discovery with a video if available and any other evidence that wasn’t available at the arraignment.
This prosecutor could also offer to amend or reduce the charge to something that’s not a DUI. If this happens then you could enter a plea at the pre-trial.
If not, then the case is set for trial.
Typical First Time Penalties:
First time OVI penalties typically include: 3 days in a driver’s intervention program at a local hotel. A $375 fine and court costs. A 1 year license suspension. And some judges may place you on a period of probation.
