Victoria writes about people management, legal practice, technology, and the future of work. Her diverse career has included experience as a US employment lawyer and various roles in human resource management, including a strategic HR role at The Walt Disney Company. Now living in the UK, Victoria provides unique insights on the world of work in the US, UK, and EU.
Victoria Pearce
Victoria writes about people management, legal practice, technology, and the future of work. Her diverse career has included experience as a US employment lawyer and various roles in human resource management, including a strategic HR role at The Walt Disney Company. Now living in the UK, Victoria provides unique insights on the world of work in the US, UK, and EU.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
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Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Impaired driving can impact a driver’s insurance rates, and even cause serious injuries or death. While Ohio is not one of the worst states for drunk driving, officers are always on the alert for signs of impaired drivers.
If you’ve been charged with DUI in Columbus, having a qualified lawyer to represent your interests can make a big difference in the outcome of your case. We’ve reviewed the top DUI lawyers in Columbus, based on multiple factors and outlined what you need to know about hiring a Columbus DUI lawyer and DUI laws in Ohio.
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Best DUI Attorneys in Columbus, OH
Compare Top DUI Attorneys
DUI Laws in Ohio
Ohio’s DUI laws make it illegal to operate a vehicle while impaired (OVI). Understanding the basics for what constitutes OVI and how you may be tested for impairment will help you judge the severity of your own case and determine whether you need a lawyer’s help.
Legal Blood Alcohol Concentration (BAC) in Ohio
It is illegal in Ohio to operate a vehicle with a BAC of 0.08% or higher. Operating a vehicle with a BAC of 0.17% or higher can lead to stricter penalties, even for first offenses.
In addition to alcohol, drivers can be charged with OVI if they are found to be under the influence of drugs, or a combination of alcohol and drugs. Drugs that can cause illegal impairment include amphetamines, cocaine, LSD, heroin or marijuana.
Implied Consent Laws in Ohio
Ohio is one of several states that have adopted implied consent laws. If you drive on any state roads, then you are presumed to have given your consent for a chemical test if an officer stops you on suspicion of driving impaired. The chemical test can be of your blood, breath or urine.
Refusing a chemical test can lead to penalties separate from and in addition to any DUI charges. These penalties may include immediate suspension of your license, which can remain suspended for one to five years.
A license suspension for refusing a chemical test can be appealed by requesting an Administrative License Suspension Hearing through a formal petition. The petition must be filed in the court that has jurisdiction over where the arrest occurred.
DUI Penalties in Ohio
The severity of penalties for DUI/OVI in Ohio depend on several factors, including:
- Whether you have prior convictions
- Whether your intoxication was at an elevated level
- Whether you refused chemical testing
Penalties for a First Offense
First DUI offenses are charged as misdemeanors. These are the penalties you could face for a first DUI/OVI offense in Ohio.
| Penalties | Standard Offense | Elevated BAC of .17% or higher |
|---|---|---|
|
Minimum incarceration
|
3 days, but may allow driver to instead complete a Driver Intervention Program (DIP)
|
6 days, but may instead assign DIP plus 3 days in jail
|
|
Maximum incarceration
|
6 months
|
6 months
|
|
Probation
|
Maximum 5 years
|
Maximum 5 years
|
|
Fine
|
$375 to $1,075
|
$375 to $1,075
|
|
License Suspension
|
1 to 3 years, with 15 days minimum. Minimum increased to 30 days if chemical test refused
|
1 to 3 years, with 15 days minimum. Minimum increased to 30 days if chemical test refused
|
Penalties for a Second Offense
A second DUI/OVI offense brings increased penalties under Ohio law.
| Penalties | Standard Offense | Elevated BAC of .17% or higher |
|---|---|---|
|
Minimum incarceration
|
10 days, but may be lowered to 5 days plus 18 days house arrest with alcohol electronic monitoring
|
20 days, but may be lowered to 10 days plus 36 days of house arrest with alcohol electronic monitoring
|
|
Maximum incarceration
|
6 months
|
6 months
|
|
Probation
|
Maximum 5 years
|
Maximum 5 years
|
|
Fine
|
$525 to $1,625
|
$525 to $1,625
|
|
License Suspension
|
1 to 7 years, with 45 days minimum. Minimum increased to 90 days if chemical test refused
|
1 to 7 years, with 45 days minimum. Minimum increased to 90 days if chemical test refused
|
Penalties for a Third Offense
A third offense for DUI in Ohio is the last that can be charged as a misdemeanor. Penalties are increased from first and second offenses.
| Penalties | Standard Offense | Elevated BAC of .17% or higher |
|---|---|---|
|
Minimum incarceration
|
30 days, but may be lowered to 15 days plus 55 days house arrest with alcohol electronic monitoring
|
60 days, but may be lowered to 30 days plus 110 days house arrest with alcohol electronic monitoring
|
|
Maximum incarceration
|
1 year
|
1 year
|
|
Probation
|
Maximum 5 years
|
Maximum 5 years
|
|
Fine
|
$850 to $2,750
|
$850 to $2,750
|
|
License Suspension
|
2 to 12 years, with 180 days minimum. Minimum increased to 1 year if chemical test refused
|
2 to 12 years, with 180 days minimum. Minimum increased to 1 year if chemical test refused
|
Penalties for Fourth Offenses and DUIs Involving Injuries or Death
Any fourth or subsequent DUI/OVI offense is charged as a felony. Convictions at this level can result in jail time between 60 days and five years. Fines can be assessed between $1,350 and $10,500.
DUI/OVI offenses that cause serious injuries or fatalities can be charged as aggravated vehicular assault. This offense is charged as a third-degree felony, with potential jail time between 60 days and five years. Convictions are also assessed fines between $1,350 and $10,500.
What to Expect After a DUI Arrest in Ohio
If an officer stops you for driving while impaired, you will likely be asked to complete field sobriety tests. These are standardized tests meant to assess whether you are likely impaired. If those tests indicate impairment, you will then be asked to take a breathalyzer or other chemical test. Failing or refusing to take a chemical test will likely result in arrest.
Arrest will result in a trip to the police station, where you will be booked and formally processed. You then may have an opportunity to post bail. Once charged, you will be given a criminal complaint that outlines what laws you’ve been charged with breaking. You may also receive a scheduling document that indicates when you must appear in court.
How Can An Attorney Help You?
A qualified attorney can take several steps to evaluate your case and seek to either have your charges dismissed or subject to reduced penalties. You can expect your attorney to:
- Examine how your arrest was conducted and identify any procedural issues that can be challenged
- Represent you at your court appearance or bond hearings
- Negotiate plea deals, if possible
- Advocate for reduced sentencing
How to Choose the Best DUI Lawyer in Columbus, OH
When searching for a DUI lawyer in Columbus, it’s important that you focus on lawyers with the right experience and abilities. These are some of the details you should consider before you hire a DUI lawyer.
- Practice focus. Some lawyers that handle DUI cases also handle a number of different types of cases. It is important to choose a lawyer that has handled enough DUI cases to firmly understand the defense process. This knowledge also helps attorneys know when and how they can negotiate the best result on your behalf.
- Results. Ask lawyers for their recent results involving DUI cases. Each case can have unique circumstances, but your lawyer should be comfortable with negotiating in general and representing you at trial if necessary.
- Personality. Your lawyer should be someone that you can trust to provide you with honest and useful advice. Look for someone you feel comfortable with, even when discussing uncomfortable topics.
- Case management. Some criminal defense lawyers run their own practice and handle every detail themselves. Others work with a full law firm team and may delegate some tasks to other attorneys or legal support staff. Ask about how a lawyer will handle your case and make sure their approach to case management aligns with your expectations.
Methodology
To come up with the best DUI lawyers in Columbus in 2023, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
How much does a DUI lawyer cost in Ohio?
Ohio lawyers that handle DUI/OVI cases often charge between $1,500 and $5,000 for first offense cases. Costs increase substantially for second and subsequent offenses, but can range from $3,000 to $10,000. Aggravated cases involving injuries or fatalities may run higher.
Flat fees are common for first offense cases, meaning you will pay a set rate instead of an hourly fee for your lawyer. Some law firms offer payment plans that allow you to pay your lawyers over time.
Keep in mind that attorney fees are only one part of the total cost of a DUI case.
Is jail time mandatory for a 1st DUI in Ohio?
Ohio law sets jail time of at least three days for a first DUI conviction in Ohio. However, a judge may choose to suspend the jail sentence if the convicted driver completes an approved driver intervention program.
Do I need a lawyer for DUI/OVI in Ohio?
You are not required to hire a lawyer for DUI/OVI defense in Ohio. However, a lawyer will be able to evaluate the circumstances of your arrest and the charges against you. They can then honestly advise you on whether your charges could be dismissed or negotiated for lower penalties.
