Unfortunately, DUI expungement in Ohio is not available after a DUI conviction. The Cincinnati DUI lawyers at Suhre & Associates, LLC know that the only way to keep a DUI (also known as OVI in Ohio) off your record is to beat the charges. Expungement is only available for DUI’s if the charges were dropped or you were acquitted by a jury.
If you are wondering about DUI expungement, don’t waste any more time. Relief will not be available postconviction. You need aggressive and knowledgeable criminal defense lawyers in Cincinnati, OH, on your team before it’s too late.
Get in touch with the DUI team at Suhre & Associates, LLC for a free initial consultation. Standing up for the rights of the accused is our passion. We have helped countless clients beat DUI charges, and we want to help you, too.
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How Can Suhre & Associates, LLC Help Me With DUI Expungement in Ohio?
As discussed in the previous section, DUI expungement is prohibited by Ohio law. Once you are convicted, it is too late to keep the DUI off the public record. This means that the only way to keep the DUI off your record in Cincinnati, Ohio, is winning your case.
That’s why Suhre & Associates, LLC takes allegations of driving under the influence extremely seriously. We know that the conviction could impact your future, so we fight DUI cases tooth and nail. Our deep bench of Ohio DUI lawyers has a winning reputation.
Our founding Attorney, Joe Suhre, is especially qualified to fight DUI allegations. He has over 20 years of criminal defense experience and worked as a police officer before becoming an attorney. This experience gives our legal team insights into the procedures police are allowed to use to test sobriety.
When you hire our team to represent you, we will begin building your defense. This could include:
- Compassionately understanding your story
- Asserting your right to remain silent
- Using relevant experts to analyze evidence
- Filing motions to suppress evidence
- Proving you weren’t driving under the influence
- Negotiating for dismissal or reduction in charges
- Fighting your case at trial
Don’t risk your future by trying to outsmart the police. This won’t go away without the help of an aggressive Cincinnati criminal defense lawyer. Contact or call (513) 333-0014 Suhre & Associates, LLC so we can get started fighting for your rights and freedom. We offer free consultations.
What is Expungement in Ohio?
Ohio Revised Code Section 2953.32 allows those convicted of certain crimes to petition the court to seal their conviction. However, Section 2953.32 states that the crimes listed under Ohio Revised Code Section 2953.36 are not eligible for expungement. Section 2953.36 lists convictions under the DUI OVI statute, Section 4511, as ineligible for expungement.
Expungement in Ohio seals criminal records so that they are no longer available to the public. Expungement gives offenders a second chance. Every few years, state politicians propose legislation to allow first-offense DUIs to be expunged or sealed. However, such legislation has not been passed yet.
However, Ohio did recently pass some positive reform in expungement law. The reforms still do not allow for DUI’s to be expunged, but the trend towards a more liberal and forgiving approach to expungement should be encouraging. Someday in the not too distant future, we may see new legislation pass. Until that day, DUI’s will remain unexpungeable.
If you are interested in advocating for expungement reform, get in contact with your state representative and tell them that you are in favor of expungement for first offense DUIs. If you have charges pending against you, don’t talk to anybody but your lawyer about your case.
What Penalties Am I Facing For A DUI In Ohio?
The penalties for a DUI vary depending on how many prior DUI criminal convictions you have. This is probably part of why expungement is not available in DUI cases – because the State wants to be able to count prior DUIs for sentencing purposes.
OVI charges are grouped as follows:
- 1st offense
- 2nd offense in 10 years
- 3rd offense in 10 years
- 4th or more offense in 10 years
- 6th offense in 20 years
Punishment varies greatly depending on the number of prior offenses, ranging from as little as three days in jail for a first offense to a year in prison for subsequent offenses. Additionally, your license can be suspended for up to three years on a first offense. This number only goes up as the charge increases.
What Are The Elements of A DUI Charge?
Since expungement is not available for DUI’s in Ohio, it is important to understand the elements of a DUI charge. Knowing the elements might help you beat a OVI conviction.
The elements of a DUI charge (Ohio Revised Statute 4511.19) are:
- The defendant
- Operated a motor vehicle
- Under the influence of alcohol or drugs
The prosecution doesn’t have to establish you were unable to operate the vehicle safely (impaired). Instead, many prosecutors prove their case by presenting evidence that a defendant’s blood alcohol content (BAC) was over .08% — the legal limit.
Most prosecutors rely on forensic evidence such as bloodwork. So, it is important that you have an experienced DUI lawyer who knows the ins and outs of blood evidence.
BAC evidence can be drawn into question a few different ways, such as:
- Showing the blood draw was a 4th amendment violation
- Showing the blood was mishandled
- Demonstrating possible errors in how the blood was processed at the lab
These are complex issues, and sometimes expert testimony is needed to challenge the reliability of bloodwork. The Suhre & Associates, LLC team has a great deal of experience addressing these issues in pretrial motions and jury trials.
If you are facing a DUI/OVI offense, it is critical that you give our law firm a call. Contact us right away so we can get started helping you with your case.
What Defenses Are Available to Keep DUI Charges Off My Record?
DUI cases are common, yet they are also one of the most complex types of cases. They are complex due to the types of evidence involved and the complex constitutional rules regarding traffic stops.
This complexity makes it crucial that you have experienced criminal defense lawyers on your team.
Some of the defenses that commonly come up in DUI cases include:
- “Stop motions” to suppress the evidentiary fruits of a bad stop
- Proving that field sobriety tests were improperly administered
- Arguing that you were not under the influence
- Showing that your rights were violated
- Showing that the State cannot meet its burden of proof for each element
Of course, every case presents unique factual and legal questions. There is no way to tell which defenses will apply to you without a consultation. Experienced lawyers need to scrutinize every aspect of your case to identify the proper defenses. There may be other defenses available that are not mentioned here!
Contact Our Cincinnati DUI Lawyers for Help
If you are hoping for DUI expungement in Ohio, you need to hire a strong Cincinnati criminal defense team. Beating a DUI charge is currently the only way to keep it off your record. The team at Suhre & Associates, LLC will leave no stone unturned and will assert all of your constitutional rights in your case.
If you are concerned about having a DUI charge on your record, contact us today for a free consultation with a Cincinnati DUI lawyer.