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OVI (drunk driving) Cases

Being charged with an OVI can be an overwhelming and terrifying experience, especially if you have never been charged with a crime before.

An OVI case is not something that you want to handle on your own. The law is complicated and you can’t just call your friend who had an OVI a few years ago to figure out how to handle it.

What can Andrea Henning Law LLC do to help me with my OVI (drunk driving) charge?

*disclaimer, listed fees are for typical cases, if you have a special circumstance or require additional services, we reserve the right to quote a higher fee
*if you have ARAG or Legalshield you may have coverage for the attorney fee portion of the fee.

Arag is a legal insurance that is taken by Andrea Henning Law

At Andrea Henning Law LLC we can help guide you through the court process, defend your rights, and minimize your exposure to jail time, fines, and license suspension. We offer several levels of service because we believe that there is no one size fits all approach to an OVI case and we know that not everyone wants to or can afford to fully litigate their case.

Click on each accordion tab to read more about the topic.

Level One
  1. Consultation with client
  2. Entry of Appearance in Court on Client’s behalf
  3. Application for Driving Privileges
  4. Conduct discovery and review Prosecutor’s response to discovery request with client.
  5. Attend pre-trial on behalf of client- up to 2x
  6. Enter plea on behalf of client, if necessary
  7. Advocacy at sentencing hearing if plea entered.
  8. Provide Client with summary of outcome/status of court case. Summary includes client’s nexts steps, court costs and fines and other court penalties imposed and due dates and actions necessary at BMV (Ohio residents only)

Optional Services

Appeal of AlS Suspension
Conduct hearing to challenge officer’s procedure in requesting and executing chemical tests that resulted in administrative license suspension.
Motion to Suppress
A motion to suppress is the way by which your attorney will try to suppress the prosecutor’s evidence against you. If evidence is suppressed, it means that it can’t be used at trial and this may lead to your case being dismissed.The judge will suppress the evidence such if she determines that your rights were violated by the officer at the traffic stop. The officer may have violated your rights by extending the stop longer than it needed to be, by asking you to submit to field sobriety and chemical tests without proper justification, conducting breathalyzer or blood tests improperly, or by asking you questions after you have invoked your right to counsel.

Conducting a hearing on a motion to suppress can also be valuable even if it does not result in evidence being suppressed because it offers you insight into the prosecutor’s case such as whether or not the officer is a good witness or what facts the prosecutor places emphasis on.

Trial – Fees for conducting a full trial are quoted on a case by case basis.
If I can’t reach an agreement with the prosecutor that you are happy with and you feel that it is valuable and important to litigate your case, then your case will go to trial.If that is the case, I will aggressively defend your rights at trial. At trial, the prosecutor will first present the evidence against you. I will make sure that the prosecutor follows the rules of evidence and question the witnesses about how they determined you were diving under the influence of alcohol and attack their credibility and accuracy. If you would like to testify and tell your side of the story, you may, but you don’t have to. The judge will then decide if the prosecution has met their burden to prove your guilt beyond a reasonable doubt.

I got charged with OVI, what happens next?

Arraignment
The arraignment is the first step in an OVI case. This is when you must appear and either enter a plea of guilty, no contest, or not guilty. You may also request a continuance to hire an attorney if you are not able to do so before the court date.Most courts require you to appear in person for the arraignment in a OVI case. After entering the plea, your attorney will address bond and work on getting your vehicle released if it has been impounded.

Appeal of Administration License Suspension (in some cases)
When a person is pulled over and refuses or fails a chemical test, then the officer takes their license on the spot and imposes an administrative license suspension (ALS). You can appeal the ALS within 30 days of your initial appearance in court. If you file an appeal, the court will hold a hearing and your attorney can attack the officer’s procedure in requesting and conducting the test and the documentation.Appealing an ALS is important because in Ohio if you are under an ALS suspension, the suspension will continue even if you are found not guilty of the OVI or the case is dismissed.

Request Driving Privileges
When you are eligible to get driving privileges to drive to work, school, medical appointments an family necessities, your attorney will assist you in this process.
Pretrial
At the pretrial, the prosecutor and I will review the evidence against you and discuss your case and what plea options are available.Often, the prosecutor will provide the evidence against you (discovery) for the first time at the pretrial. The discovery will include the video of the traffic stop (if there is one) and the officer’s reports from the stop. Usually the officer who stopped you will be present.

If I can negotiate a result that you are happy with, then we will either conclude the case at the pretrial or schedule a later date to enter a plea. If we can’t reach an agreement that you like, then the case will be set for either a second pretrial trial at a later date.

Motion to Suppress (in some cases)
A motion to suppress is the way by which your attorney will try to suppress the prosecutor’s evidence against you. If evidence is suppressed, it means that it can’t be used at trial and this may lead to your case being dismissed.The judge will suppress the evidence such if she determines that your rights were violated by the officer at the traffic stop. The officer may have violated your rights by extending the stop longer than it needed to be, by asking you to submit to field sobriety and chemical tests without proper justification, conducting breathalyzer or blood tests improperly, or by asking you questions after you have invoked your right to counsel.

Conducting a hearing on a motion to suppress can also be valuable even if it does not result in evidence being suppressed because it offers you insight into the prosecutor’s case such as whether or not the officer is a good witness or what facts the prosecutor places emphasis on.

Plea or Trial
Your case will finish with either a dismissal by the prosecution (rare), entering a plea to the charge or reduced charge or a trial.If I can’t reach an agreement with the prosecutor that you are happy with then your case will go to trial.

If that is the case, I will aggressively defend your rights at trial. At trial, the prosecutor will first present the evidence against you. I will make sure that the prosecutor follows the rules of evidence and question the witnesses about how they determined you were diving under the influence of alcohol and attack their credibility and accuracy. If you would like to testify and tell your side of the story, you may, but you don’t have to. The judge will then decide if the prosecution has met their burden to prove your guilt beyond a reasonable doubt.