Toledo DUI Defense Lawyer

Driving under the influence is a serious offense in Ohio that can lead to fines, jail time, and suspension of your license. When charged with a DUI offense, you must explore all your options and determine which will yield the best result. Representing yourself in a DUI case is not the best option. Your best chance at beating your DUI charge or getting a lesser sentence is hiring a Toledo DUI defense lawyer.

There is an abundance of DUI attorneys, so choosing the right one can be overwhelming. Patituce & Associates are the best DUI attorneys in Toledo, with over 70 years of combined experience and confidential consultations. We have worked with various clients and successfully achieved favorable outcomes. We will develop a tailored defense solution for your case to help you fight this charge.

There is no need to plead guilty when you have a team of Toledo criminal defense attorneys who are committed to helping you fight the charge. You do not have to fight your DUI charge alone. Let Patituce & Associates help you every step of the way. Call us 419-737-4556 now for a free case review.

Table of Contents

What Is the BAC (Blood Alcohol Content) Limit in Ohio?

O.R.C. section 4511.19 contains Ohio’s drunk driving law. This section details the legal limits for the blood alcohol content (BAC) of a person in control of a vehicle. Your BAC should be within the legal limit if you intend to drive.

Here are Ohio’s BAC limits:

  • 0.08% is the BAC limit for drivers above 21 years.
  • 0.02% is the BAC limit for drivers below 21 years.
  • You face enhanced penalties if your BAC is over 0.17% percent.

What Penalties Can I Face for DUI in Ohio?

The penalties for a DUI conviction in Ohio will vary depending on the specific facts around your case. Ohio DUI laws have different penalties for low and high alcohol test results. You will typically receive a higher sentence if testing shows that your BAC level is over .17%.

There are also enhanced penalties for repeat DUI offenses.

First-Time DUI Offense

If you are a first-time offender, you may face the following penalties.

If you are a first-time DUI offender with a high BAC (over .17%), you can face the following penalties.

  • Six days to six months of jail time or 3 days in jail with a DIP program
  • License suspension for six months to three years
  • $375 to$1,075 in fines
  • No limited driving privileges until after 15 days

First-time DUI offenders under 21 years risk facing:

  • Up to 30 days in jail
  • License suspension for up to 90 days or two years
  • Up to $250 in fines
  • No limited driving privileges for the first 60 days.

Second DUI Offense

If it is your second DUI offense, you can face the following penalties.

  • 10 days to 6 months jail time
  • $525 to $1,625 in fines
  • One to five years license suspension
  • Attending drug/alcohol treatment
  • No chance of receiving limited driving privileges for the first 45 days
  • You may have to use an ignition interlock device and restricted plates
  • Your car is immobilized for 90 days.

Toledo DUI lawyer concept image, DUI law book and judge gavel

If you are below 21 years and it is your second offense, you will face the following penalties.

  • Fines of up to $500
  • Up to 60 days in jail
  • Zero limited driving privileges for the first 60 days
  • One to five years license suspension.

For a second high-BAC DUI offense, you will risk facing the following penalties.

  • 20 days to six months in jail
  • $525 to $1,625 in fines
  • One to five years license suspension
  • Attending drug/alcohol treatment
  • No chance of getting limited driving privileges for 45 days
  • Are required to use an ignition interlock device and restricted plates
  • Your car is immobilized for 90 days.

Third DUI Offense

If you commit a third DUI offense, you may face the following penalties.

  • 30 days or 15 days in jail and 55 days house arrest with electrical monitoring (HAEM) and/or continuous alcohol monitoring (CAM)
  • $850 to $2,750 in fines
  • License suspension for two to 10 years
  • Drug/alcohol treatment
  • Ignition interlock device and restricted plates
  • No chance of a limited driving privilege for 180 days
  • Mandatory forfeiture of the vehicle if registered to the defendant

A high-BAC third DUI offense can result in these penalties.

  • $850 to $2,750 fines
  • 60 days to one year of jail time
  • Ignition interlock device and restricted plates
  • License suspension for two to 10 years
  • No chance for limited driving privileges for 180 days
  • Mandatory forfeiture of the vehicle if registered to the defendant

Can I Refuse a Breathalyzer Test in Ohio?

You can refuse a breathalyzer test in Ohio if the law enforcement officer does not have a warrant. But refusing to take a breathalyzer test will result in you getting a license suspension for a year.

It helps to seek legal representation since a skilled attorney can help you regain limited driving privileges after your license suspension. A lawyer can also challenge your license suspension in a BMV hearing.

Implied Consent Laws in Ohio

Ohio is an implied consent state. Under the code section 4511.191, all individuals operating a vehicle are considered to have consented to a chemical test (blood, breathalyzer, urine) to determine the blood alcohol content (BAC) or quantity of drugs in the person’s system.

Should you refuse to take this test, the penalty is having your license suspended for a year. It is not regarded as a refusal if you ask to consult your attorney before submitting to take the test. But this applies when you contact your attorney on the first attempt, and they come to the police station within 15 minutes.

A police officer giving a driver a breathalyzer test

What Is a Felony DUI in Ohio?

Depending on different factors, a DUI can be charged as a felony or misdemeanor.

Under Ohio law, you will be charged with felony DUI if you have been convicted of 3, 4, or more DUI offenses within the previous 10 years or 5 DUI convictions within the previous 20 years or have another felony on your record.

You should consult a Toledo DUI defense lawyer right away if you are being charged with a DUI felony. While navigating a DUI charge can be tricky, it is not impossible to beat these charges with the help of a skilled DUI attorney.

Common Defenses in DUI Cases - Patituce & Associates Toldeo DUI Defense Lawyers

Common Defenses in DUI Cases

Without legal representation, it is practically impossible to beat a DUI charge.

Our legal team at Patituce & Associates in Toledo, Ohio is highly experienced in defending DUI cases and will develop the strongest defense. Here are some of the common DUI defense strategies we use.

Lack of Probable Cause for Stop

An officer must have probable cause for stopping you. Local law enforcement officers are trained to look for signs of possible drunk or drugged driving on the road.

If you are charged with a DUI offense, but the officer had no probable cause for stopping you, our DUI defense attorney can file a motion to suppress and disregard the evidence. Any evidence collected by an officer without probable cause is inadmissible, which may result in your DUI charges being dropped.

Challenging Accuracy of Tests

A Toledo DUI defense lawyer can challenge the accuracy of DUI tests. For instance, breathalyzer tests are not always accurate since they do not measure your BAC directly. They are also influenced by factors like the breathalyzer’s margin of error, improperly calibrated machine, and the physical difference among drivers.

Police officers often exaggerate signs of impairment with field sobriety tests. We can help you get a favorable outcome or even have your case dismissed by arguing these points.

The Arresting Officer Did Not Allow You to Contact Your Lawyer

When you are arrested, you have the right to speak to your lawyer. Being denied the right to talk to a lawyer violates your rights. Our attorneys know the law, and if we have evidence proving your rights were violated during your arrest, it can result in a case dismissal.

There Is No Proof That You Were Driving the Car

Your DUI offense charge cannot hold if an officer has no evidence of you driving the vehicle. Your attorney can push to have the charges dismissed if someone else was driving.

If you were intoxicated but the car was parked, it may be possible to have the charges reduced to “physical control.” This means that you had the keys to a car while seated in the driver’s seat after consuming alcohol but were not driving. The penalties are less severe than those for a DUI.

Illegal DUI Checkpoint

Law enforcement officers usually use DUI checkpoints to catch drunk drivers. According to the law, these roadblocks must be set up according to federal and state regulations, and they must follow guidelines.

A skilled attorney can argue that the DUI checkpoint was not legal. With proof, the evidence collected may be rendered inadmissible. As a result, your case may be dismissed due to a lack of evidence.

Coerced Statement

You have the Constitutional right not to say anything that will incriminate you.

Law enforcement officers will try to trick you into saying something that can be used against you in court. They will try to tell you that not answering questions will make you appear guilty.

However, law enforcement cannot force you to answer questions. You can invoke your right to remain silent and call a lawyer before talking to the police.

If officers coerce you into talking, your attorney can argue that this statement was taken in violation of your rights. If the judge dismisses your statement, the prosecution may have difficulty proving the charge and may willingly negotiate a lesser charge or drop the case.

Police arresting a drunk driver who needs a Toledo DUI defense lawyer

How Can a Toledo DUI Defense Lawyer Help Me?

A DUI is a serious offense with dire repercussions if you are charged and convicted. DUI cases are not straightforward, so you should refrain from representing yourself. Instead, it will be best to work with an OVI defense lawyer if you intend to beat the charges or get a reduced sentence.

Here is how a Toledo DUI defense lawyer can help you.

Investigate Your Arrest

A skilled DUI attorney will thoroughly evaluate your DUI charge. Patituce & Associates will carefully review your arrest report to determine whether the arresting officer followed proper protocol. If we notice that they did not follow the law, we can build on this and site that they violated your rights, resulting in a case dismissal or reduced charges.


We have extensive experience defending DUI charges and negotiating with prosecutors. If taking a plea deal is the best option for you, our skilled DUI attorneys in Toledo will conduct negotiations on your behalf so that you get a better deal and a reduced charge.

Determine the Best Action to Take

Patituce & Associates have worked on different DUI cases, and we understand that each case is different and needs a specially tailored solution.

We know the law and will carefully analyze your case and determine your options and the best action to take. We know when to seek a plea deal and when to fight the charges in a trial. We will help you build the best defense.

Saves You Money

Working with a skilled DUI attorney in Toledo will save you money in the long run. You may have reservations about hiring an attorney because you want to avoid paying for their legal service.

But a DUI conviction will mean paying fines and court costs as well as higher insurance premiums. A license suspension can also make getting to work difficult.

An attorney gives you the best chance to avoid a DUI conviction or secure a reduced sentence. This ultimately saves you money.

Call Our Skilled Toledo DUI Lawyers Today!

Driving under the influence is a serious crime, and it is hard to beat these charges if you do not have proper legal representation. Being convicted of a DUI offense will negatively impact your life for an extended period.

You must hire a skilled DUI attorney to represent you and help you fight this charge. At Patituce & Associates, we thoroughly review the details of our clients’ DUI cases, which helps us build a strong defense that will allow us to fight these charges aggressively.

We are committed to helping our clients get their cases dismissed or the charges lessened. Let us review your case and determine how we can help you get a desirable outcome. Call us 419-737-4556 now for a free consultation.

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