OVI Defense Results Matter.

OVI Attorney in Troy, Ohio

Troy’s Best Law Firm Since 2010, Fighting OVI Charges in Miami County

An OVI charge in Ohio is one of the most consequential criminal matters a person can face. Under O.R.C. 4511.19, operating a vehicle impaired by alcohol, controlled substances, or other impairing substances is a first-degree misdemeanor at minimum, and a conviction stays on your record permanently. Attorneys Andrew Pratt and Jose Lopez defend clients facing OVI charges in Troy and throughout Miami County, bringing a team perspective that includes former prosecutors and public defenders who know how these cases are built and where they can be challenged.

Consequences begin before you ever appear in court. An administrative license suspension (ALS) takes effect at the time of arrest, and the window to appeal it is just 30 days from your initial court appearance. Getting an attorney involved immediately can protect options that disappear quickly. When clients can’t come to us, we come to them: we offer home, hospital, and jail visits so that access to representation isn’t limited by circumstance.

If you’ve been charged with an OVI in Troy or Miami County, contact Lopez, Severt & Pratt Co. today at (937) 400-3170 to discuss your situation.

What an OVI Conviction Means Under Ohio Law

The standard BAC threshold for an OVI charge is .08%. A reading of .17% or higher triggers enhanced “high test” penalties, which carry stiffer mandatory minimums. Ohio’s implied consent law requires drivers to submit to chemical testing when suspected of OVI. Refusing doesn’t prevent a suspension. It triggers one automatically, separate from any criminal consequence.

OVI convictions are not eligible for expungement under Ohio law. Unlike many other criminal charges, a conviction stays on your record permanently and can affect employment, professional licenses, child custody matters, and immigration status. That permanence is exactly why the defense strategy matters from the moment of arrest.

OVI Penalties for First & Repeat Offenders

Even a first OVI offense carries mandatory jail time, fines, and a license suspension. Courts may substitute some jail time with a driver intervention program, but the charge itself doesn’t disappear. Penalties escalate sharply with prior convictions within a 10-year lookback period.

Second OVI within 10 years: Mandatory minimum 10-day jail sentence, or 5 days in jail plus 18 days of electronic monitoring, plus a mandatory 90-day vehicle immobilization
Second OVI with high BAC or refusal: Mandatory minimum 20-day jail sentence
Four or more OVIs within 10 years: The charge can be elevated to a felony, moving the case from Miami County Municipal Court to Miami County Common Pleas Court

Courts may also impose ignition interlock device requirements and mandatory SR-22 insurance as conditions of any restored driving privileges. Sentencing may include court-approved 72-hour OVI Residential Programs, drug and alcohol counseling, and DUI school.

The Administrative License Suspension: Act Quickly

The ALS is imposed by the Ohio BMV at the time of arrest, entirely separate from any suspension a court might order following a conviction. Under O.R.C. 4511.197, an appeal must be filed at or within 30 days of your initial court appearance. Miss that window, and the right to challenge the ALS is forfeited.

The ALS can remain in effect even if the underlying OVI charge is later dismissed or reduced, unless it was separately appealed and overturned. The length of the suspension depends on whether you submitted to or refused the chemical test and how many prior OVI convictions appear within the 10-year lookback. While the suspension is pending, limited driving privileges for work, medical, or educational purposes may be available through a court petition.

Why Troy Clients Choose Lopez, Severt & Pratt Co.

Our firm has been voted the best law firm in Troy every year since 2010 by Troy Daily News readers. We hold an AV peer review rating from Martindale-Hubbell, the highest designation that organization issues for legal ability and ethical standards. Our attorneys have also received Super Lawyers recognition. These aren’t credentials for the sake of credentials. They reflect the kind of work our clients describe in their own words: responsive, genuinely invested, and prepared.

Our legal team brings over 100 years of combined experience and includes attorneys who have worked as prosecutors and as public defenders. That background means we understand how an OVI case looks from the charging side and from the defense side, which shapes how we investigate, negotiate, and argue your case.

Speak with an OVI Attorney in Troy Today

The decisions made in the first days after an OVI arrest can shape everything that follows, from the status of your license to the outcomes available at court. Our team is ready to review your situation, explain your options, and get to work.

Lopez, Severt & Pratt Co. handles OVI consultations by phone and through our online contact form. Call us at (937) 400-3170 to get started.

OVI Defense Strategies Worth Examining

A strong OVI defense starts with a careful review of everything that happened before and after the traffic stop. No two arrests are identical, and the facts of your case determine which challenges are viable.

The traffic stop itself: Law enforcement must have reasonable articulable suspicion to initiate a stop. A stop made without legal basis may lead to suppression of evidence gathered during it.
Field sobriety testing: Standardized tests including the walk-and-turn, one-leg stand, and horizontal gaze nystagmus are subject to challenge based on how they were administered, the officer’s training, and the conditions at the scene.
Chemical test results: Breathalyzer and blood test results can be challenged on calibration records, chain of custody, and whether testing protocols were followed correctly.
Rising BAC: If your BAC was below .08% while driving but rose above the threshold by the time of testing, a rising BAC argument may be relevant to your case.
Plea negotiation: In some cases, a reduced charge such as physical control or reckless operation may be negotiable. These charges carry fewer long-term consequences than an OVI conviction on your permanent record.

Miami County Municipal Court & the OVI Process

Misdemeanor OVI charges arising anywhere in Miami County, including Troy, are heard in the Miami County Municipal Court in downtown Troy. The court has jurisdiction over first-degree misdemeanors and below. If a charge is elevated to a felony OVI based on prior convictions, that case moves to the Miami County Common Pleas Court.

The current judges of the Miami County Municipal Court are Judge Samuel L. Huffman and Judge Anthony E. Kendell. A typical misdemeanor OVI case moves through arraignment, pretrial hearings, and motion practice before reaching either a negotiated resolution or trial. The court maintains an approved list of 72-hour OVI Residential Programs and a Traffic Safety Program that may be incorporated into sentencing conditions.

What Sets Us Apart?

Your Case Matters to Us
We handle every case with compassion, efficiency, and a personal touch; you'll never feel like just a number.
We Have Extensive Resources
We have the resources, ability, and prestige of a large law firm with the personal service of a hometown firm.
A Well-Established Firm

With over 100 years of combined experience, our team has the skills and knowledge to help you win.

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