DUI and OVI Lawyers in Cincinnati, Ohio, and Covington, Kentucky

Were you arrested for drunk driving? Our DUI and OVI attorneys can help! If you have been stopped for, arrested for, or charged with drunken driving, contact The Law Offices of Christopher L. Jackson, LLC.

Know Your Rights!

Call a DUI attorney as soon as possible to discuss your options and rights. Even though DUI defense is complex, the guidance of a skilled, knowledgeable DUI lawyer can make a significant difference in the outcome of your case.

    1. Why were you stopped by the police? (Were you speeding or weaving? Etc.) Did the officer have reasonable suspicion to stop you?
    2. Why weren't you just given a ticket? What reasonable suspicion did the officer have to get you out of the car?
    3. Did you admit to drinking alcohol?
    4. Did you take any Standardized Field Sobriety Tests? Our law firm is NHTSA certified in the SFSTs.
    5. Did you take the breath test? Or a blood or urine test? Should I Take a Breath Test?
    1. What if you were just sitting behind the wheel of a car but it was turned off?
    2. What if you were sleeping there?
    3. What if the keys were in your pocket and not in the ignition?
    4. What if that car was out of gas and could not be started?
    5. What if it was idling?
    6. What if it was being towed?
    • All types of DUI charges
    • Child endangerment for having a child in the vehicle
    • Drugs and DUI
    • Prescription drug DUI
    • Out of state DUI clients who have been arrested while visiting
    • Minors in cases of underage DUI and marijuana
    • OVI charges in the state of Ohio
    • 1st Offense: 30 to 120 Days
    • 2nd Offense: 12 to 18 Months
    • 3rd Offense: 24 to 36 Months
    • 4th Offense or Subsequent: 60 Months
    • Illegal drugs
    • Prescription drugs
    • Inhalants such as glue, gasoline, spray paint etc.
    • Over the counter medications
    • Health
    • Body Weight
    • Food in the Stomach
    • Amount Consumed
    • Rate of Consumption

Types of DUI and OVI Cases Our Law Firm Handles Include

What Questions Will Your Attorney Ask?

Were You Operating the Vehicle During the DUI or OVI?

The requirement of driving or operating implies that the driver must have some sort of control or command of the vehicle. Guilt or innocence may hang on whether the police can prove you were actually "operating" a vehicle.

How Does the Prosecuting Attorney Try to Prove You Were Under the Influence?

Types of evidence used by prosecuting attorneys to show intoxication include your statements, witness and police observations of your behavior and driving patterns, and circumstantial evidence. An example of possibly relevant circumstantial evidence is that you, before driving, spent the afternoon at a party where drinking games were played, and you drove afterward.

Police also gather important evidence of intoxication by administering standard field sobriety tests (FSTs) at the scenes of traffic stops.

Was the Stop Valid? Were You Pulled Over for a Valid Reason?

No Anonymous Tips: Absent an observed reasonable suspicion of a crime, a stop cannot be
made on an anonymous tip. Raglin v. Commonwealth, 812 S.W.2d 494 (Ky. 1991)

Reasonable Suspicion: There must be reasonable suspicion of criminal activity before a stop is valid. Delaware v. Prouse, 440 U.S. 648 (1979)

Assumed Help: You cannot stop someone on the belief that they need help, such as they are lost. Poe v. Commonwealth, 169 S.W.3d 54 (Ky. App. 2005)

Did You Refuse to Take an Alcohol Test and Your License was Suspended?

Whether you are found guilty or innocent of the DUI charge, you remain answerable for the refusal and you will risk license suspension. Offenses for refusals within a five year period include:

What is a DUI and What Does it Mean?

DUI is an abbreviation that stands for driving while under the influence of intoxicants (alcohol) or of any substance or substances which impair driving ability. Other substances can include:

DUI laws have an "Illegal Per Se" provision (on the face of or by itself) which means it is illegal to drive with a blood or breath alcohol content of 0.08 or higher. Our DUI law firm has an attorney who is NHTSA certified to conduct the Standardized Field Sobriety Tests, which is very important in defending you in your DUI case.

What is an OVI and What Does it Mean?

OVI is an acronym for operating a vehicle impaired. The Ohio General Assembly changed the statute to OVI in January 2005 to more accurately represent the actual scope of the offense.

How Does Your Body Absorb Alcohol?

The metabolism of alcohol takes place in the liver. The body can burn approximately ½ ounce of alcohol in one hour. The liver eliminates approximately 90 percent of the alcohol from the body. The rest is eliminated through the lungs, perspiration, and urine. The only thing that sobers you up is time. If you drink or take substances which affect you physically/mentally...DO NOT DRIVE!!!

BAC - Stands for Blood Alcohol Concentration and refers to the amount of ethyl alcohol in the blood.

BRAC - Stands for Breath Alcohol Concentration and refers to the amount of ethyl alcohol in the breath.

Factors Which May Affect Blood Alcohol Concentration

Other Factors Which May Affect Your Driving Ability

Kentucky Drunk Driving (DUI) State Laws:

Kentucky prosecutors no longer have to prove defendants were impaired if they are being tried for the per se clause of K.R.S. 189A.010. DUI laws in Kentucky require that test be given within two hours of operation of motor vehicle for results to be admitted into evidence in per se DUI prosecutions.

  • Operators can be convicted at levels lower than .08 based on other evidence which indicates impairment.
  • Drivers under the age of 21 are deemed to be under the influence at .02 breath or blood alcohol level.
  • Commercial vehicle drivers operating commercial vehicles are deemed to be under the influence at a breath or blood alcohol level of .04. Commercial vehicle operators may also be placed out of service for 24 hours for any detectable amount of alcohol or controlled substance in their system. KRS 281A.210

The changes in the new DUI laws in Kentucky (Effective 10/01/00) establishes minimum jail times if convicted of DUI (which cannot be probated, suspended, conditionally discharged or otherwise subject to early release) and aggravating circumstance(s) exist.

DUI laws in Kentucky have aggravating circumstances (KRS 189A.010 [11]) which can result in higher minimum jail time:

  • Over 30 mph over speed limit
  • Wrong way on limited access highway
  • Causes accident resulting in death or serious physical injury
  • Alcohol level of .15 or more within 2 hours after operating
  • Refusal to submit to testing
  • Transporting passengers under 12 years of age

What are the Penalties in Kentucky?

    • $200 - 500 Fine and/or 48 hours to 30 days in jail
      *If aggravating circumstances then minimum 4 days in jail
    • 90 Days of Alcohol or Substance Abuse Program
    • 30 to 120 Day License Suspension
    • Court costs, DUI Service Fee ($375) Treatment Program Fees, State Fees
    • $350-500 Fine
    • 7 Days - 6 Months in Jail*
      *If aggravating circumstances then minimum 14 days in jail
    • 1 Year of Alcohol or Substance Abuse Treatment
    • 12 to 18 Month License Suspension
    • Minimum 12 month suspension WITH NO PRIVILEGES
    • License Plate Impoundment and must Remove Any Vehicles from Your Name.
    • $500 - 1,000 Fine
    • 30 Days-12 Months Jail*
      *If aggravating circumstances then minimum 60 days in jail
    • 1 Year of Alcohol or Substance Abuse Treatment
    • 24 to 36 Month License Suspension (NO PRIVILEGES FOR 2 YEARS)
    • Class D Felony
    • Minimum Term 120 Days Imprisonment Without Probation*
      *If aggravating circumstances then minimum 240 days in jail
    • 1 Year of Alcohol or Substance Abuse Treatment
    • 60 Month License Suspension NO PRIVILEGES
    • Helpful Kentucky DUI Resources: DUI Statute in Kentucky.

1st Offense within a Five Year Period

2nd Offense within a Five Year Period

3rd Offense within a Five Year Period

4th Offense within a Five Year Period

Ohio Drunk Driving (DUI/OVI) State Laws:

Every state and jurisdiction deals with intoxicated driving slightly differently. In Cincinnati, Ohio, drunk driving is more heavily enforced than in some smaller areas. A traffic stop can either take place routinely or by way of a sobriety checkpoint.

The law enforcement officer must have probable cause to stop your vehicle, or else this constitutes an unlawful arrest. An unlawful arrest means that you cannot lawfully be prosecuted for DUI in Cincinnati, Ohio.

Law enforcement officers, after the initial traffic stop, are trained to notice certain patterns and behaviors that could indicate intoxication. Some of these include:

  • Bloodshot eyes
  • Slurred speech
  • Unsteadiness
  • The odor of alcohol

The next step is a field sobriety test and, if the officer still suspects you of intoxication, they can arrest you and take you in for a breath or blood test.

What are the Minimum Penalties in Ohio?

    • $375 - $1,075 Fine
    • 3 days jail or Driver Intervention Program up to 6 months
    • 6 months to 3 years License Suspension - No Privileges for 15 days
    • $375 - $1,075 Fine
    • 3 days jail or Driver Intervention Program up to 6 months
    • 6 months to 3 years License Suspension - No Privileges for 15 days
    • $525 - $1,625 Fine
    • 10 Days in jail or 5 days in jail and 18 days House Arrest and/or 6 months Continuous Alcohol Monitoring
    • Alcohol and Drug Assessment and Recommended Treatment
    • 1 to 5 years License Suspension - No Privileges for 45 days
    • Restricted Plates
    • Felony Offense
    • $1,350 - $10,500 Fine
    • 60 days to 1 year Local Incarceration or 60 days in Prison with option of additional 6 to 30 months
    • Alcohol Drug Addiction Program Mandatory
    • 3 years to lifetime License Suspension - No Privileges for 3 years
    • Restricted Plates

View Penalties

1st Offense within a Six Year Period

2nd Offense within a Six Year Period

4th Offense within a Six Year Period

Ohio DUI OVI Penalties: Front Page Back Page (Main Penalty Chart)

Ohio Driving License Penalties: Front Page Back Page

FREE CALL: If you have been involved in a DUI accident resulting in serious injury, have been accused of vehicular homicide, or simply want to find information about the DUI process, our legal team is ready to help you get the legal assistance you need.

If you received a DUI or OVI in Cincinnati, Ohio, or Covington, Kentucky, contact the drunk driving lawyers at The Law Offices of Christopher L. Jackson, LLC. A drunk driving conviction can bring a screeching halt to your life. We can fight for you and help protect your interests and those of your family and loved ones.

FREE PHONE CALL AND CASE EVALUATION for any type of case, it's always a free phone call.

FREE CONSULTATIONS for personal injury cases, including home, hospital, and office visits; evening and weekend appointment are also available.

NO ATTORNEY FEES in personal injury cases unless we win your case. That means zero money is due upfront and we only get paid when we win (client may be responsible for court costs).
Financing is available for criminal defense and DUI/OVI cases.