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GREENE COUNTY OVI DEFENSEYOUR LIBERTY, LICENSE, AND LIVELIHOOD AT STAKE

The moment blue lights flash in your rearview mirror and an officer suspects impaired driving, everything you’ve worked for hangs in the balance. What follows—field sobriety tests, handcuffs, impounded vehicles, potential license suspension—unfolds with disorienting speed. You didn’t expect to need a lawyer today, but now that you do, you deserve one who fights your case as though it were his own family’s battle.

Getting Your Vehicle Back and Restoring Your Driving Privileges

After an OVI arrest, there are often two immediate concerns: “How do I get my car back?” and “How will I get to work without a license?” At The Kollin Firm, we understand these urgent matters and take immediate action. We can help expedite the release of your impounded vehicle for non-court-ordered holds, often within 24 hours.

  1. We immediately check for procedural defects in your case and can appeal for an administrative license suspension through the BMV 2255 Form (the yellow form). Note that strict time limits apply to this process, so prompt action is essential.
  2. Your ability to obtain driving privileges depends on your prior conviction history and whether you provided a chemical test (breath, blood, or urine) or refused testing. For example, with a first offense:
  • If you provided a chemical test: You can apply for privileges after 15 days.
  • If you refused testing: You must wait 30 days before applying.

Traditionally, driving privileges are limited to occupational, vocational, educational, medical, or court-ordered treatment purposes. However, recent changes to OVI/DUI law allow judges discretion to grant privileges for additional purposes.

  • If your license expires while you are under suspension, the court must issue an order allowing you to renew your license while under suspension.
  • If your license is expired past six months, the court must issue an order allowing you to retest to obtain a license.
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Why Do I Need an OVI Attorney in Dayton?

  • Your license is automatically suspended upon arrest if you blow over 0.08 or refuse testing–without challenging this suspension within 30 days, you lose your right to appeal.
  • Field sobriety test results can be challenged–officers use specific scoring criteria that most people fail simply because they don’t know the requirements.
  • You face both criminal charges and administrative proceedings–missing deadlines or requirements in either case can have severe consequences.
  • Professional licenses are at risk–medical professionals, commercial drivers, and other licensed professionals can lose their careers over Ohio OVI charges.
  • Many cases are dismissed due to improper documentation and procedural errors–an experienced attorney knows exactly what to look for and how to challenge these issues.

Why Choose The Kollin Firm as Your Dayton DUI Lawyer

Attorney Thomas Kollin has over 25 years of OVI/DUI  experience in handling OVIs/DUIs and extensive familiarity of each Municipal Court’s local procedures  (Dayton Kettering, Beavercreek, Fairborn, Xenia, Troy 

  • Extensive knowledge of NHTSA standards and field sobriety testing, including insider understanding from training law enforcement.
  • Decades of experience defending both standard and complex OVI/DUI cases across southern Ohio.
  • In-house investigator who expedites evidence gathering and vehicle release.
  • Comprehensive understanding of both criminal charges and administrative procedures, including CDL cases.
  • Strategic expertise in challenging test results, police reports, and protecting driving privileges.
  • Proven track record in Greene County courts with established Experience handling complex cases, including felonies, “super DUIs,” and professional license implications.
quote

“An OVI case begins long before any breath/chemical  test or refusal to test. From the initial traffic stop to field sobriety testing, our decades of experience have taught us that each case presents unique circumstances that can impact your future.  The Fourth Amendment, as simple in it language, and majestical  in its purpose,  “freedom against unreasonable searches and seizures”.  The stoping of your vehicle is a seizure and the police must justify grounds for same.  An experienced attorney understands how to examine each step of this process to protect your rights.”

–Attorney Tom Kollin

5-Step Process for Getting Started With an OVI Attorney

1.
Contact us to discuss your charges
2.
Review of arrest documentation and testing procedures
3.
Immediate action on impounded vehicle if needed
4.
Review of administrative license suspension documentation
5.
Filing appeals within required timeframes (30 days from court date)
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5-Step Process for Success With Your Case

  1. Check for properly sworn police reports within the 48-hour requirement
  2. Review field sobriety test administration against NHTSA standards
  3. Examine the circumstances of the initial traffic stop
  4. Challenge administrative license suspension when appropriate
  5. Pursue driving privileges for work/essential needs when possible

Additional Penalties to Know

  • Super DUI (BAC over 0.17):
    If your blood alcohol content (BAC) is over 0.17, you are required to spend a minimum of 6 days of jail time and have special/ restrictive “, yellow”l license plates.
  • Vehicle Seizure:
    When you’re arrested for OVI, your vehicle will be impounded either through a police hold (routine removal from the road) or a judicial hold (court-ordered). We help navigate both judicial and police holds to get your vehicle released quickly.
  • Professional Licenses:
    OVI charges can affect medical licenses, CDLs, and other professional credentials, making professional legal representation crucial in your case.

Frequently Asked Questions About DUI/OVI Charges in Dayton and Greene County

What's the difference between a DUI and OVI?
While many people still use the term DUI (Driving Under the Influence), Ohio law now uses OVI (Operating a Vehicle Impaired). This change was made to cover more situations. While DUI only applied when a vehicle was moving, OVI includes situations where you have "physical control" of the vehicle—such as sitting in a parked car with access to the keys. This change reflects Ohio's broader approach to impaired driving enforcement.
When am I officially under arrest for OVI?
You are placed under arrest before any breath testing occurs. Many people don't realize they are already under arrest when asked to take these tests, meaning taking the tests is most likely not going to help your case.
How are field sobriety tests scored?
Law enforcement uses three standardized tests, commonly known as the Walk-N-Turn, One-Legged Stand, and Horizontal Gaze Nystagmus (HGN). It is imperative your attorney knows how these tests are performed and "indicated" (they are not pass/fail–officers use specific scoring criteria from the NHTSA manual). For example, moving your hands more than six inches from your sides or having more than half an inch between steps counts against you. Most people don't know these specific criteria when taking the tests.
Can I refuse field sobriety tests?
You can and should refuse field sobriety tests. These tests are administered after arrest and can be challenging even for sober individuals due to specific scoring criteria most people don't know about.
What counts as being “impaired”?
In Ohio, there are two ways you can be charged with OVI/DUI:
Per se violation: Having a blood alcohol content of 0.08 or higher
Impairment violation: Showing you're not your "best driver," even if below 0.08
It's important to note that you can be charged with OVI even if you're an excellent driver after drinking. The standard isn't whether you're driving badly–it's whether you're driving at your full capability. Even skilled drivers can be charged if alcohol or drugs have affected their normal driving ability. Read more about Ohio’s limits for certain substances here.
What should I do if pulled over for suspicion of DUI?
The most important thing is to not discuss anything with law enforcement. Many people damage their cases by talking too much during the stop. Contact a DUI defense lawyer in Dayton as soon as possible.
Will I lose my license?
Your license is automatically suspended if you either blow over 0.08 or refuse the breath test. However, we can help challenge this suspension and work to get your driving privileges reinstated.
What if I have a Commercial Driver's License (CDL)?
CDL holders face particularly severe consequences–you can lose your CDL even if arrested for OVI in your personal vehicle while not working. In such cases, representation by an experienced OVI lawyer in Dayton, Ohio, is crucial.
How long does it take to resolve an OVI case?
The timeline varies, but immediate concerns like vehicle impoundment and license suspension can often be addressed quickly. Driving privileges may be available after serving mandatory suspension periods, which vary based on circumstances.
Is a DUI a felony in Ohio?
Most first-time OVI offenses are misdemeanors. However, an OVI becomes a felony if you have:
* 4 or 5 offenses within 10 years
* 6 offenses within 20 years
* A previous felony OVI conviction
Contacting a DUI lawyer in Greene County as soon as possible after arrest is imperative, whether you are charged with a misdemeanor or a felony.
What's the difference between Physical Control and OVI?
Physical Control charges apply when you're in a stationary vehicle with access to the keys but not operating it. While still serious, penalties are typically less severe than OVI charges.

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