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First Offense DUI Lawyer in Cincinnati, OH

Even if it is your first offense, a DUI is serious. Call LHA at (513) 338-1890 to schedule a free consultation.

DUIs in Cincinnati are common, but your first OVI/DUI is a serious legal matter that can bring jail time, fines, a license suspension, probation, and a permanent criminal record that may impact your job, professional licenses, education, and reputation — however, the good news is that working with a local, experienced DUI lawyer in Cincinnati can significantly improve your outcome by negotiating charge reductions, preserving your driving privileges, avoiding mandatory jail through a driver intervention program, or even getting the OVI dismissed entirely, so if this is your first OVI in Cincinnati after a traffic stop, checkpoint, accident, or one-time mistake, the smartest step you can take is to contact an attorney immediately to understand your options and protect your future.

Let Cincinnati DUI attorney Brad Groene of Luftman, Heck & Associates review your case and explain what comes next. With a long history of getting results in DUI cases, he knows how to challenge DUI tests, where officers commonly make mistakes, and what it takes to help you move past a first drunk driving offense in Ohio.

Call (513) 338-1890 to schedule a free consultation with a first offense DUI attorney in Cincinnati, OH. We’re available 24/7 and ready to help you.

OVI & DUI Charges in Cincinnati

An OVI in Ohio is defined according to the Ohio Revised Code (ORC 4511.19). It prohibits anyone from operating a motor vehicle while under the influence of alcohol, drugs, or a combination of both, or when their blood alcohol concentration (BAC) is over the legal limit of .08%.

For a first DUI in Cincinnati, the exact charge and penalties you face depend heavily on your BAC, whether drugs were involved, whether there was an accident or minor in the car, and your conduct with law enforcement.

What Was Your BAC?

Your BAC is determined by a blood, breath, or urine DUI test, typically performed when you’re arrested. Your BAC level is one of the biggest factors in how harshly your first OVI is treated and what mandatory penalties apply if you’re convicted.

If your BAC is under .08, then you are considered below the per se legal limit, though you can still be charged based on “impaired” driving. If your BAC is between .08 and .17, then it is considered a “low test.” For a BAC of .17 or above, it is considered a “high test.” A “high test” BAC means facing enhanced OVI penalties compared to someone with a “low test” result.

Penalties for a First OVI / DUI in Hamilton County

Ohio First Offense BAC Penalty Breakdown

  • BAC is between .08% – .17%
    First-degree misdemeanor with at least 3 days in jail or a 3-day driver intervention program and at least $375 in fines.
  • BAC is .17% or greater
    First-degree misdemeanor with at least 6 days in jail (or a combination of jail and intervention) and at least $375 in fines.

Your First Offense DUI Is a Misdemeanor in Ohio

Your first OVI / DUI will most likely be charged as a first-degree misdemeanor. The penalties of a conviction include a minimum of 3 days and a maximum of 6 months in jail and fines between $375 and $1,075.

Instead of spending all that time in jail, you may be required to attend a driving intervention program and install an ignition interlock device. In some cases, the judge may also require restricted “party plates” on your vehicle as a condition of driving privileges.

You also face a driver’s license suspension for a first drunk driving charge that could last between six months and three years. Your driving privileges will not be available for the first 15 days after your first OVI charge. After that “hard suspension” period, you may be eligible for limited driving privileges depending on your work, school, childcare, or court-mandated treatment obligations.

First Offense DUI with a High BAC

If it is your first OVI and your BAC was greater than or equal to .17%, it is still a first-degree misdemeanor, but the high BAC increases the penalties.

You face a minimum of six days in jail and up to six months, in addition to fines between $375 and $1,075. In many high-test first DUI cases, the court will require:

  • A mandatory 3-day driver intervention program
  • A substance abuse assessment
  • Court-ordered treatment or alcohol education
  • Installation of an ignition interlock device
  • Restricted (yellow) license plates in some situations

Your driver’s license will also likely be suspended for between six months and three years. Driving privileges will not be available for the first 15 days, but you may be eligible for limited driving privileges if you can show the court that you need to drive for work, school, medical appointments, or court-mandated treatments.

Other Consequences of Your First DUI in Cincinnati

Your first drunk driving / operating a vehicle while intoxicated conviction will unfortunately have a negative impact on other areas of your life, aside from jail, fines, and a suspended license.

An OVI / DUI will also:

  • Permanently appear on your driving record (OVIs cannot be expunged under current Ohio law)
  • Result in increased insurance rates and possibly SR-22 requirements
  • Limit job prospects and professional opportunities, especially for driving, CDL, or licensed positions
  • Prevent or complicate certain professional licenses and background checks
  • Cause child custody or visitation issues in family law cases

For many people, these collateral consequences are more damaging in the long run than the immediate court sentence, which is why having a strong defense for your first OVI is so important.

First DUI with a Test Refusal in Ohio

While you can refuse a roadside breath test or field sobriety test without automatic penalties, if you refuse a breath, blood, or urine test after being arrested for a circumstantial OVI, you face stiff consequences under Ohio’s implied consent law. Specifically, the police will immediately take your driver’s license under Ohio’s administrative license suspension guidelines.

For a first OVI with a refusal, you only have a short period to appeal this suspension, and if you are convicted of the DUI, you’ll generally serve a minimum of six days in jail in addition to fines. A mandatory 3-day driving intervention program will also be required, and the court may order an alcohol assessment, treatment, or an ignition interlock device to be installed.

Administrative License Suspension (ALS) in Ohio

If you are stopped for drunk driving and:

  • Refuse a chemical test of blood, breath, or urine requested by law enforcement, OR
  • Test over Ohio’s legal limit

then the officer is permitted to take your driver’s license on the spot and your driving privileges will immediately be suspended from that point forward. This is referred to as an administrative license suspension (ALS).

  • For your first time refusing a chemical test, the ALS will last for one year.
  • If this is your first time testing over the legal limit, the ALS will last for 90 days.

An administrative license suspension can be appealed, but it must be done at the first court appearance, usually held within five days of being arrested or being issued the citation.

Issues to raise can include whether the arrest was reasonable, whether the officer actually requested a chemical test, whether you were informed of the penalties for refusal or failing, and whether you refused or failed the test as claimed.

It is important to note that the court can still suspend your license if it determines that your driving is a risk or threat to public safety, even if the ALS is lifted.

For administrative license suspensions, you can obtain limited driving privileges by filing a petition after the statutory waiting period (30 days for a first refusal, 15 days for a first test over the limit). Limited driving privileges are typically for work, medical, educational, childcare, and court-related reasons.

Reducing First Time DUI Charges in Cincinnati, OH

Depending on the facts and circumstances of your case, it may be possible to have an OVI / DUI reduced or dismissed. For instance, maybe you were only sitting in the driver’s seat with the key in the ignition, the breathalyzer malfunctioned, the officer didn’t follow proper testing procedures, or the traffic stop itself was questionable.

Sometimes a first OVI / DUI in Hamilton County can be reduced to reckless operation (“wet reckless”) or another traffic offense. This may depend on factors like:

  • Was a breath or blood test performed? If so, how high was your BAC?
  • Was there an accident, property damage, or injuries?
  • Were there passengers in the car, especially children?
  • Were you cooperative and respectful with the officer who stopped you?
  • What is the judge’s general stance on OVI / DUIs?
  • Is the prosecutor particularly tough or flexible on first OVI cases?

Highlighting flaws in the OVI case against you can make a huge difference, but it’s also critical to work with an experienced DUI lawyer in Cincinnati who knows the local courts, prosecutors, and what is realistically possible in Hamilton County.

Why You Need a DUI Lawyer for Your First Offense

It may be tempting to try and handle things yourself or simply accept a quick guilty plea and “move on.” This is often a costly mistake. People who represent themselves simply do not have the training to identify all the ways to improve their case or the leverage to negotiate effectively.

And while it may feel easier to accept your fate, there is too much at stake – your license, record, job, and long-term finances – to not pursue every opportunity to resolve a first OVI in your favor.

At Luftman, Heck & Associates, we are highly experienced and familiar with the local courts and prosecutors handling your case. We know how they typically approach first offense DUIs, what arguments and mitigation they respond to, and how to present legal and factual errors that may not be obvious at first glance.

Although every case is different, and not every DUI can be reduced or dismissed, it is crucial to speak with an attorney about what you can realistically expect. The sooner you talk with a lawyer, the better your options usually are. Attorney Brad Groene has successfully helped hundreds of people in Hamilton County and the surrounding areas deal with their first OVI / DUI offenses. His knowledge, experience, and compassion help you pursue the justice and second chance you deserve.

First DUI in Cincinnati, OH – FAQs

People charged with a first OVI in Hamilton County often have the same urgent questions. Here are clear answers to some of the most common first offense DUI questions:

Is Jail Mandatory for a First DUI in Cincinnati?

Yes, Ohio law includes minimum jail or program requirements for a first OVI. For a low-test first OVI (.08–.17), you face a minimum of 3 days in jail or a 3-day driver intervention program. For a high-test first OVI (.17 or higher) or a first OVI with a refusal, the minimum is 6 days (often a mix of jail and intervention). However, working with a Cincinnati first offense DUI lawyer can help you pursue driver intervention instead of extended jail time and argue for the lowest penalties allowed by law.

Will I Lose My License for a First OVI in Ohio?

Almost always, yes. A first OVI in Ohio typically leads to a license suspension through either an administrative license suspension (ALS) or a court-imposed suspension, often ranging from six months to three years. That said, you may qualify for limited driving privileges after a waiting period for work, school, childcare, and medical needs. A Cincinnati DUI attorney can help you challenge the ALS, request privileges, and minimize the disruption to your daily life.

Can a First DUI in Cincinnati Be Reduced to Reckless Operation?

In some cases, yes. Prosecutors in Hamilton County may agree to reduce a first OVI to reckless operation or another traffic offense when there are weaknesses in the state’s evidence, a lower BAC, no accident or injuries, and strong mitigating factors. Whether a reduction is realistic depends on your BAC level, the police reports, your prior record, and the specific judge and prosecutor involved. An experienced Cincinnati OVI lawyer will evaluate these factors and negotiate for the best possible plea option.

How Long Does a First OVI Stay on My Record in Ohio?

An OVI conviction in Ohio is permanent and cannot currently be expunged or sealed. It will remain on your criminal record and driving record for life and will be used to enhance penalties if you are charged with another OVI within 10 years. This is why it is so important to fight your first DUI charge and explore every option to avoid a conviction or secure a reduction to a non-OVI offense.

Do I Have to Go to Court for My First DUI in Hamilton County?

Yes. A first OVI in Cincinnati requires one or more court appearances, starting with your arraignment, where you enter a plea and address bond and license issues. In many cases, your lawyer can handle some future hearings on your behalf, but you should expect to appear at key stages such as pretrial conferences or trial. Having a local Cincinnati DUI attorney ensures you are prepared, know what to expect, and do not say or do anything that could hurt your case.

How Much Does a First DUI in Cincinnati Really Cost?

Beyond fines of $375 to $1,075, a first OVI can lead to significant additional costs: court costs, towing and impound fees, driver intervention program fees, ignition interlock device costs, license reinstatement fees, and higher auto insurance premiums for years. When you add up everything, a first DUI in Ohio can cost thousands of dollars. Hiring a skilled Cincinnati DUI lawyer is an investment that can often reduce these overall costs by limiting the penalties and long-term fallout.

Will a First OVI Affect My Job or Professional License?

It can. Many employers conduct background checks and may take action based on a DUI conviction, especially if driving is part of your job or you hold a professional license. Teachers, nurses, commercial drivers, financial professionals, and others may face extra scrutiny. A Cincinnati first offense DUI attorney can work to minimize the charge, present mitigating evidence, and help position your case in a way that reduces the risk to your career whenever possible.

Do I Really Need a Cincinnati Lawyer If This Is My First DUI?

Yes, you should strongly consider it. The law, science, and local practice around OVI cases are complicated, and the impact of a conviction is long term. A local Cincinnati DUI lawyer knows the Hamilton County judges, prosecutors, treatment options, and how to negotiate or fight for a dismissal. Even for a first offense, having an attorney can make the difference between a one-time mistake you move past and a conviction that follows you for life.

Facing Your First DUI in Cincinnati? Contact the First Offense DUI Lawyers at LHA.

Your first OVI is scary. You are likely stressed, angry, and worried about your future. But the best thing you can do for yourself is call the experienced Cincinnati DUI lawyers with Luftman, Heck & Associates.

Attorney Brad Groene will walk you through all your options, explain the OVI process step-by-step, and create a plan that protects you as much as possible. Don’t hesitate to contact us. Call (513) 338-1890 or email us at advice@cincinnaticriminalattorney.com. We are available 24/7.