Legal Blog & Information

First Appearance

You first appearance in a DUI case is called the arraignment.  This is where you will enter a plea of guilty, no contest, or not guilty. The rules also require that you or your DUI lawyer make any objections that are appropriate.  Lastly your DUI lawyer can ask that certain relief be granted like: a… read more

Can I Do My Jail Time On Weekends?

If you are convicted of a first offense DUI (low test or impaired) in Ohio you will likely be allowed to do 3 days in a state approved Driver Intervention Program in lieu of 3 days in jail. This is typically from Thursday until Sunday night.  The balance of any other jail time imposed by the court… read more

How Serious Is A DUI In Ohio?

A DUI is more serious than if you were charged with felony cocaine possession in some counties.  For example, most defendants go to a special Drug Court in some counties in Ohio or enter a felony diversion program. People attending Drug Court are eligible for straight probation and treatment.  The felony is then expungeable if they… read more

What Factors Will Aggravate My Sentence For DUI?

There are numerous reason why – here are a few of the more common reasons. Driving 30 mph over the posted limit, driving the wrong way on a road, an auto accident that results in death or serious bodily injury, a 0.170 test or higher, or refusal to take the test. If you need help… read more

Avoid A DUI This Holiday Season!

My name is Mark Wieczorek and I am a lawyer that limits his practice to OVI defense in  northeast Ohio. This blog is written by me to help potential clients in the Akron area that have been charged with an OVI. The holidays are always a time to watch out for drinking too much and driving.  You can… read more

Are You Under A DUI Suspension?

If you are charged with DUI you might also be suspended even before you will got to court.  This is an administrative license suspension or ALS. The police officer fills out the BMV 2255, the yellow full size paper you were given with along with the ticket.  It says Bureau of Motor Vehicles, Report of… read more

OVI Administrative License Suspension

When you are pulled over for OVI you will most likely lose your license.  The Officer will also most likely give you an administrative license suspension or ALS. This will be a 90 days suspension on a first offense if you test over the limit.  If you refuse the test it is one year.  You… read more

What Is The Legal Limit For DUI?

The term legal limit will make most DUI lawyers cringe.  This is because there is no legal amount of alcohol to have in the body and drive. Below, the (A)(1)(a) section says that if the officer believes you are under the influence of alcohol he can charge you with a DUI no matter what level… read more

What Is One Drink?

My client’s are often confused about what it means to have one drink.  They are really confused when that one or two drinks causes them to test over the prohibited level in Ohio of 0.08 grams of alcohol per 210 liters of breath. The CDC publishes an online FAQ about alcohol on their website, http://www.cdc.gov/alcohol/faqs.htm#4.  … read more

Penalties For A First OVI Conviction.

A first offense DUI in Ohio has the following penalties: ALS (Administative License Suspension) for test refusal = one year license suspension. ALS for a prohibited BAC (Blood Alcohol Content) = 90 day license suspension. Jail – Minimum of three consecutive days or 3-day driver intervention program. Fine – Minimum $375 and not more than… read more