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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–that’s where The Kollin Firm stands strong.

Extensive Experience as an OVI Lawyer in Dayton, Ohio

At The Kollin Firm, we have extensive experience defending OVI cases across Greene County,  Montgomery County, and throughout the Miami Valley. With decades of specialized knowledge in field sobriety testing standards and a deep understanding of the National Highway Traffic Safety Administration (NHTSA) guidelines, we know exactly what police officers are basing their probable cause for arrest on and how to challenge the foundation of the arrest.

Understanding Ohio’s OVI Laws and Significant 2025 Changes

While many still use the term “DUI” (Driving Under the Influence), Ohio law specifically uses “OVI” (Operating a Vehicle Impaired) in its statutes. This isn’t merely semantic—it reflects Ohio’s broader approach to impaired driving enforcement. Under Ohio Revised Code Section 4511.19, the law covers not just driving but “operating” a vehicle, which includes having physical control of a vehicle even when it isn’t moving.

Recent legislative changes substantially impacted OVI cases in Ohio starting April 9, 2025, when House Bill 37 took effect. If you’re facing OVI charges, you need counsel who understands these important new provisions, such as those authorizing new oral fluid testing with cheek and tongue swabs, modified license suspension provisions, ignition interlock requirements, and increased financial penalties.

Were Your Field Sobriety Tests Administered Correctly?

Complete the entire procedure for both eyes, checking “yes” or “no” for each clue. Check box (✓) if the clue is present. For standardization, test the subject’s left eye first. Then, check for the same clue in the right eye. If clue is not present, leave box blank. After both eyes have been completely checked, total the number of HGN clues observed. Examples of conditions that may interfere with subject’s performance while checking for nystagmus: Wind, dust, etc. (irritating subject’s eyes). NOTE: Try to face subject away from flashing or strobe lights that could cause visual or other distractions that could impede the test.

The section on the WAT test appears at the top of the guide’s back side. First two clues are checked only during the instruction stage. In the boxes provided, either record the number or enter a check (✓) or a number to indicate the number of times the clue appears during the instruction stage. Example: if subject loses balance twice during the instruction stage, place two check marks (✓) or a “2” in the box.

Getting Your Vehicle Back and Restoring Your Driving Privileges

After an OVI arrest, in addition to the criminal penalties, clients often have 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.

  • We immediately check for procedural defects in your case and can appeal for an Administrative License Suspension (ALS) through the BMV 2255 Form (the yellow form). Note that strict time limits apply to this process, so prompt action is essential.
  • In certain circumstances, we can ask your ALS suspension be Stayed (held in obeyance for a period of time).
  • Your ability to obtain driving privileges depends on your prior conviction history and whether you provided a chemical test or refused testing. For example, with a first offense:
    • If you provided a chemical test: You can apply for privileges after 15 days (or immediately with ignition interlock under the new law).
    • If you refuse testing: You must wait 30 days before applying.

Recent changes to Ohio law have expanded judicial discretion regarding driving privileges. While traditionally limited to work, education, medical, or court-ordered treatment purposes, judges may now grant expanded privileges in appropriate cases.

Why Do I Need an OVI Attorney in Dayton?

The consequences of an OVI conviction extend far beyond immediate penalties. Attorney Kollin’s focused representation provides several critical advantages:

  • Automatic License Suspension Challenge: Without challenging your administrative suspension within 30 days, you lose your right to appeal this automatic penalty.
  • Field Sobriety Test Expertise: These tests employ specific scoring criteria that most citizens don’t know. Attorney Kollin’s specialized knowledge allows him to identify testing improprieties that might invalidate results.
  • Dual Proceedings Navigation: OVI cases involve both criminal charges and administrative proceedings, each with distinct deadlines and requirements.
  • Professional License Protection: Medical professionals, commercial drivers, and others with specialized licenses face career-ending consequences without proper representation.
  • Procedural Error Identification: Many cases are dismissed due to improper documentation and procedural errors that only experienced counsel will recognize.

Why Choose The Kollin Firm as Your DUI Lawyer in Greene County

When selecting Attorney Kollin as your Dayton OVI lawyer, you benefit from:

  • Over 25 years of OVI/DUI defense experience
  • Comprehensive knowledge of NHTSA standards and field sobriety testing protocols
  • Extensive familiarity with local court procedures across the area, such as those in Dayton, Kettering, Beavercreek, Fairborn, Xenia, and Troy
  • Strategic expertise in challenging test results and police reports
  • Established professional relationships throughout Greene County and Montgomery County’s legal systems
quote

“An OVI case begins long before any breath/chemical test or refusal to test. From the initial traffic stop to field sobriety testing, my decades of experience have taught me that each case presents unique circumstances that can impact your future. The Fourth Amendment, as simple in its language and majestic in its purpose, guarantees ‘freedom against unreasonable searches and seizures.’ The stopping of your vehicle constitutes a seizure, and police must justify grounds for this intrusion. As your attorney, I examine each step of this process to protect your constitutional rights.”

–Attorney Tom Kollin

5-Step Process for Getting Started With an OVI Attorney

2.
Examination of testing procedures against NHTSA standards
3.
Immediate action on impounded vehicle if needed
4.
Review of administrative license suspension documentation
5.
Filing appeals within required timeframes

5-Step Process for Success With Your Case

  1. Verification of properly sworn police reports (48-hour requirement)
  2. Review field sobriety test administration
  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

  • Enhanced Penalties for High BAC (“Super DUI”)
    If your blood alcohol content (BAC) is over 0.17, you are required to spend a minimum of 6 days in jail and have special/ restrictive “yellow” 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?
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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”?
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What should I do if pulled over for suspicion of DUI?
One of the most important things is not to discuss anything with law enforcement. Properly identify yourself and then end the conversation. For the most part, go with the age-old adage, “nothing good comes to Defendants talking with the cops.” Many people damage their cases by talking too much during the stop. Contact an OVI defense lawyer in Dayton as soon as possible- including at the scene.
Will I lose my license?
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 Greene County is crucial.
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 (refusal, chemical test, and any prior convictions).
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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