Chronology of OVI/DUI/DWI Case


1. A vehicle is stopped for either a moving violation, at a roadside checkpoint, or for reasonable suspicion or on probable cause of a criminal offense.


2. After observing the driver, the officer requests the driver's license, registration and proof of insurance.


3. If there is a suspicion that the driver is impaired, the driver will be requested to submit to a field sobriety test.


4. If there is no suspicion of impairment, the driver might be cited with any applicable violations and then released.


5. After the field sobriety tests, if there is probable cause of intoxication, the driver will be arrested and taken to the police station. At the police station, the driver will customarily be asked to submit to a breath test.


6. If the breath test does not establish impairment, the driver may be released with a citation for the traffic violation that prompted the stop.


7. If the breath test demonstrates that the driver's BAC is less than .08 percent and no drugs are found in the driver's system, then there will be no mandatory administrative suspension. The DUI charge will remain until the court takes appropriate action.


8. The mandatory administrative suspension will apply if the driver fails or refuses to complete the testing. If the driver has been previously convicted of an OVI/DUI/DWI charge, restricted driving privileges cannot be granted during the term of the suspension.


9. If the driver's BAC is .08 percent or higher, or if there is any trace of an illegal substance, the driver is given a sworn report explaining the mandatory administrative suspension.


10. If the driver has a valid license, the license will be seized, and the suspension begins immediately.


11. A driver is permitted to obtain additional chemical testing at his/her own expense. The results of any additional chemical testing is admissible in court.


12. The driver may be detained and required to post bond prior to being released.


13. The driver's vehicle may be impounded, seized or towed.


14. The driver must appear at an arraignment, and enter a plea of "not guilty," "no contest," or "guilty" to the charge. To fight the charge, a "not guilty" plea must be entered. The driver may be required to post a bond at that time.


15. A defendant is entitled to a hearing on the administrative license suspension within five (5) days of the arrest. At this hearing, the court may stay the license suspension, and grant restricted driving privileges.


16. After a "not guilty" plea, the case will be set for a pre-trial where your attorney can discuss the case with the prosecutor and or judge.


17. If your attorney discovers that there is a problem with the stop, arrest, advisement of rights, or the breath test or your refusal to submit to the test; your attorney can make a motion for a suppression hearing to challenge any of the above.


18. If the case cannot be resolved by dismissal or plea agreement, then the case will proceed to trial to the judge or a jury.


If you have been charged with an OVI/DUI/DWI, it is imperative that you contact an attorney to guide you through the above process and to aggressively pursue all your available defenses. Please call 216.225.9181, Email, or use the contact form to schedule an initial consultation.