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DUI / OVI Defense Attorney

Getting pulled over by the police is always a nerve-wracking experience. And if you’ve had something to drink, or something else in your system that might impair your judgment, it can be even scarier.

It’s important to remember that you have constitutional rights that the police cannot– or rather, should not– violate. When it comes to DUIs (Driving Under the Influence), police have a bit more freedom to pry than in other cases. But that doesn’t mean that they can walk all over you.

Toledo DUI Defense attorney Max Hiltner is here to help.

Call 330-475-3164 for a free consultation

“Max Hiltner is an exceptional lawyer! He and his staff are the best around. He went above and beyond to help with our case. He never failed to answer any calls or questions, and always provided the best professional service!”

- April Y.

DUI / OVI Cases in Toledo, Ohio

There are four main acronyms used in everyday conversation to refer to the crime of operating a vehicle while under the influence of alcohol or drugs:

  • Driving Under the Influence (DUI)
  • Driving While Intoxicated/Impaired (DWI)
  • Operating a Vehicle under the Influence (OVI)
  • Operating a Motor Vehicle under the Influence (OMVI)

DUI and DWI are the more common terms used in other states, and were used in Ohio in the past. But in 1982, the law changed to the more technical OMVI.

Since then, the law has been changed again to specify that operating any vehicle under the influence, even if it’s not motor-powered, is a crime. So the “M” was dropped, and now the official term is OVI.

The penalties for OVI charges in Ohio are severe and can result in jail time, fines, and the loss of your driver’s license. 

If you are convicted of your first OVI in Toledo, Ohio, you will face a mandatory minimum sentence of three days in jail and a fine of $250. You will also lose your driver’s license for six months. 

The penalties increase for subsequent offenses, and if you are convicted of OVI with a blood alcohol content (BAC) above 0.17%, you will face a mandatory minimum sentence of six days in jail and a fine of $500. You will also lose your driver’s license for one year. 

If you refuse to submit to a chemical test, you will automatically lose your license for one year. 

If you are convicted of OVI while transporting a child under the age of 14, you will face enhanced penalties, including a mandatory minimum sentence of ten days in jail and a fine of $1,000. You will also lose your driver’s license for two years.

At Hiltner Trial Lawyers, we have successfully defended many people with DUI / OVI charges.

Call 330-475-3164 for a free consultation

Implied consent in Toledo, Ohio

There is one final issue to keep in mind when you’re pulled over for an OVI: “implied consent.”

Under Ohio’s implied consent law, all drivers must submit to chemical testing for sobriety, whether that’s a blood test, a breath test, or a urine test.

If you refuse to submit to one of these tests, your license could be suspended for up to one year, before you’re even convicted.

However, your Toledo OVI defense attorney can help get you driving privileges to most places you need to travel within 30 days of your arrest. Also refusing the test, typically makes your case more defensible because there isn’t a scientific number the State can point to to prove intoxication.

Also if you do the test and blow over, it’s much more likely you’ll be convicted of an OVI, and your license will be immediately suspended for at least 90 days and at least 1 year if convicted.

Why Choose Hiltner Trial Lawyers

At Hiltner Trial Lawyers, we have successfully defended many people with DUI / OVI charges.

Here are some of the cases we’ve tried in recent years:

A 63 year-old woman in poor physical health was involved in a traffic accident while driving her disabled husband home from dinner. Both cars were totaled by the force of the impact. The arresting officers mistook her disorientation from the accident for intoxication and charged her with causing the accident and a DUI. Our client admitted she was at fault for the accident, but maintained for the last six months that she was not intoxicated and hadn’t been drinking. The officers testified that she failed the field sobriety tests, had slurred speech, red-bloodshot-glassy eyes, strongly smelled of alcohol, and refused the breathalyzer test. Hiltner explained to the jury that in order for them to find our client guilty, they’d have to believe that a loving spouse who retired to take care of her severely ill husband, would put his life in danger by drinking and driving. The jury agreed, and the client was not only found not guilty of the DUI, but also not guilty of causing the accident entirely.

Hiltner represented a young doctor facing an allegation of drinking and driving. If convicted, the young doctor could have suffered serious career repercussions. During the stop, the man admitted to having several drinks, performed all field sobriety tests, and was arrested. At the station, he refused to submit to an alcohol test. At trial, Hiltner played video of the stop and the trooper admitted that the sobriety tests he administered were not done properly. Again, after being confronted with the video, the trooper admitted that the young doctor actually passed most of the field sobriety tests. Hiltner put on no witnesses or testimony. The court reached a not guilty finding instantly.

A young woman was charged with her 4th lifetime OVI. She was pulled over for driving the wrong way on the freeway. A police officer observing the young woman immediately pulled her over. The woman admitted to sometimes drinking and taking prescription medications, and at the scene she failed all field sobriety tests and refused a breath and chemical test. The young woman was adamant that she wasn’t intoxicated and refused to accept any plea deals. Hiltner prepped fully for trial and showed up the morning of the trial with the young woman. However, instead of proceeding to trial, the State chose to dismiss all charges instead of risking trial. 

A young professional was pulled over in the early morning hours for a report of an intoxicated driver. Several vehicles had reported the vehicle due to reckless driving to authorities before she was finally stopped. During the stop, the woman admitted to drinking several drinks. She also failed all field sobriety tests. She had also just been convicted of an OVI/DUI less than 6 months prior to this stop. She was facing a minimum of 30 days in jail, losing her children, job, etc. Hiltner worked up the case and found several crucial weaknesses in the State’s case. Less than one month after Hiltner was hired, all charges were dismissed against the woman except for a minor traffic infraction which resulted in a small fine.

A young business professional and well-respected member of the community was stopped and cited for an OVI (DUI). His career, livelihood, and reputation hung on the outcome of this case, so Hiltner was trusted to handle it. After months of negotiations and a pending motions filed by Hiltner, the prosecutor agreed to amend the OVI charge to a minor misdemeanor charge of failure to control a vehicle for a minimal fine.


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Contact Toledo, Ohio DUI Defense Attorney Max Hiltner To Get Started on Your Defense

The most important thing you can do if you’re charged with OVI in Toledo is to contact an experienced Ohio DUI defense attorney. At Hiltner Trial Lawyers, our team has represented many people with OVI charges, and successfully gotten their charges reduced or even dropped. Contact us today to schedule a free consultation and talk about your case.
Call 330-475-3164 for a free consultation

“Max Hiltner is dynamite in the courtroom by connecting with the jury, recalling facts and cultivating good relationships with the opponents and presiding judge. He is professional, dedicated, honest and cares about the livelihood of his clients and their families. He excels in negotiating and hiring experts necessary for a well rounded defense. Max was one of my lawyers that stood between me and a life sentence. Without him on my team I would still be in prison. He will fight for you.”

- Colleen O.

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