If you have been accused of an OVI or DUI, the law offices of Kevin J. Breen Co., LLC is here to protect your rights. Mr. Breen has successfully represented clients in Akron and other Ohio courts on charges of OVI, DUI, Reckless Operation and similar offenses. He has obtained substantially reduced charges on behalf of clients in a wide array of these matters. He has taken matters to a jury trial, as necessary, to serve the best interest of his clients. He is available for consultation and representation throughout Ohio.

What is OVI?

Will my drivers license be suspended?

Occupational Probationary Driving Privileges

What happens at my first Ohio court appearance?

Commercial Drivers License (CDL) Suspension

When you get pulled over for DUI, you face serious charges that could lead to expensive fines, loss of driving privileges, increased insurance costs and potential jail time. You need a DUI lawyer that aggressively fights for your rights and is on your side. Contact our law firm today for more information and a free consultation.

What is an OVI?

Suppose you're coming home some Saturday evening. You've been to a party at a friend's house, you've consumed some alcoholic beverages, you're on your way home after a fun night and the next thing you notice is the lights of a police car in your rearview mirror. You're asked to produce your license. You're then asked to get out of the car and undertake some field sobriety tests. You're also asked to look into a penlight to see how your eyes react to movement and the penlight.

And ultimately, you're charged with OVI. Well, what is OVI? The word OVI means "operating a vehicle impaired."

Now, in Ohio, that impairment can be from either alcohol, drugs of abuse or a combination of the two. In Ohio, there is a threshold level of 0.08% blood alcohol content for a charge of OVI. So, many times people say, "but I wasn't affected by the alcohol and, therefore, I wasn't impaired." Well, there is a rule in Ohio that says if you meet that threshold, you're presumed to be impaired and, therefore, subject to OVI.

OVI is a widespread issue throughout the state. There are many different jurisdictions with many cases in their courtrooms on the subject of OVI. If you're charged with OVI, get yourself an attorney to deal specifically with the facts of your case as the outcome of the case varies depending upon the facts of your case.

I'm OVI attorney Kevin Breen. I can help you with any OVI charge in the state of Ohio.

Will my driver's license be suspended?

Another frequently asked question is whether or not your Ohio driver's license will be suspended by the Bureau of Motor Vehicles if you're charged with OVI. And the answer to that question is that there will be a suspension of your license. If you refuse to take the Breathalyzer or the blood alcohol test, your license may be suspended for a year. If, on the other hand, you submit to the testing requested of you by the arresting officer and you fail the test, there is a BMV suspension of 90 days for a first offense.

Now, I'm careful to say this for first offenses because, in subsequent offenses, all the suspension times and mandatory suspension times are increased. So, it's very, very important that in any arrest for OVI, the suspension is part of the defense and what is being addressed. Now, you can appeal a Bureau of Motor Vehicles suspension in court, but that has to be very timely, and you should consult a lawyer to make sure that your BMV appeal rights are protected.

I'm OVI attorney Kevin Breen, and I can help you address these and many more issues in the area of OVI representation.

Can I get occupational probationary driving privileges?

One of the important questions that people ask when they or someone they know has been charged with OVI is, "how will this affect my job? How will this affect my ability to do the things I have to do on a day-to-day basis, whether it be to run children to school or otherwise make it to doctor appointments?" So, the question then becomes, "can I get driving privileges during the pending of my OVI case?" If you have a valid Ohio driver's license, typically the answer is yes.

Now there is a mandatory waiting period. If you take the OVI Breathalyzer test and fail, there is a mandatory 15-day waiting period before you're eligible to get driving privileges. If, on the other hand, you refuse to take the Breathalyzer test, then the mandatory waiting period is 30 days.

So, for that either 15-day period or 30-day period, you will not have driving privileges to go to work, to go to doctor appointments, to attend to children's needs or any other day-in-and-day-out functions that you have to drive to fulfill. I'm OVI lawyer Kevin Breen. I can help you with these and other important questions about driving privileges and other issues arising out of OVI matters.

What happens at my first Ohio court appearance?

So, unfortunately, you just received a ticket for an OVI infraction. You read over the ticket, and you see that within a matter of a few days, you're asked to appear in a courthouse regarding these charges. What do you do?

Well, that initial appearance or arraignment, as it's referred to, is the opportunity for the court to formally advise you of the charges against you. You'll be asked to enter a plea in response to those charges. In addition, and this is very important as well, if you can't afford an attorney, you can ask the court to appoint a public defender, which is your right in responding to these charges.

So, it happens very, very quickly. If you can find or hire a lawyer between the time of the charge and the initial appearance of the arraignment, you should do so because that sets in motion the entire case. If you can't afford an attorney, make sure you tell the court and ask that a public defender be appointed on your behalf.

I'm OVI lawyer Kevin Breen. I'll be happy to represent you and speak to you on these important OVI questions.

Will my commercial driver's license (CDL) be suspended?

Another important topic within the area of OVI representation is CDL licenses, or commercial driver's licenses. What happens for those persons who drive a truck, for example, for a living and have a CDL?

If you're convicted of OVI, and you have a CDL, that license will be suspended for one year. You don't have to be driving the truck or working at the time for that suspension to apply if you get an OVI. In other words, you can be driving your private vehicle and your CDL will be suspended for one year if you are convicted of OVI.

Now, another important difference is that if there is a second OVI conviction, your CDL will be revoked for life. So, unlike in the case of a regular driver's license, the penalties are extremely harsh for a second OVI conviction. Finally, another important difference is that, with a CDL, you cannot get limited privileges. Oftentimes, with a driver's license, the person charged with OVI can get privileges to go to work, doctor appointments or family necessities. No such limited driving privileges are applicable with respect to a CDL driver's license.

If you or someone you know has a CDL license and is charged with an OVI, I can be of help. I'm attorney Kevin Breen.