OVI / DUI Defense
A Single Mistake Shouldn’t Define Your Future
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We defend against OVI and DUI charges to protect your license, your record, and your livelihood.
An OVI arrest can feel like your life is spiraling out of control — but it doesn’t have to define you. The consequences of an impaired driving charge go far beyond fines or temporary inconvenience; they can affect your career, your family, and your reputation for years to come.
At The Kollin Firm, Attorney Tom Kollin has spent more than 25 years defending clients across Dayton, Greene County, and the Miami Valley against OVI and DUI charges. He knows how to identify errors in police procedure, challenge field sobriety testing, and navigate the complicated process of license restoration. His mission is simple: to protect your rights and get you back on the road — and back to your life — as quickly as possible.
Understanding Ohio’s OVI Laws and the 2025 Changes
While many still use the term DUI (Driving Under the Influence), Ohio law defines the offense as OVI (Operating a Vehicle Impaired) under Ohio Revised Code § 4511.19. This isn’t just semantics—it means you can be charged even if your car wasn’t moving, as long as you had “physical control” of the vehicle while impaired.
Significant changes took effect in April 2025 with the passage of House Bill 37, which introduced new oral fluid testing (using cheek and tongue swabs), modified license suspension provisions, expanded ignition interlock requirements, and increased financial penalties. These updates make it more critical than ever to have experienced representation capable of navigating both old and new legal standards.
Were Your Field Sobriety Tests Administered Correctly?
Field sobriety tests are often presented as definitive, but in practice, they’re highly subjective and prone to officer error. Every test—the Horizontal Gaze Nystagmus (eye test), Walk-and-Turn, and One-Leg Stand—must follow strict National Highway Traffic Safety Administration (NHTSA) guidelines to be valid. Uneven pavement, poor lighting, improper timing, or incomplete instructions can all distort the outcome.
Equally important, officers must complete detailed arrest documentation and sworn statements within specific time limits. Missing signatures, incorrect timestamps, or improperly executed forms such as the BMV 2255 (license suspension form) can invalidate major parts of the case. Attorney Kollin carefully examines every procedural step, ensuring both the testing and paperwork were performed lawfully.
Getting Your Vehicle Back and Restoring Your Driving Privileges
After an OVI arrest, two questions usually come first: “How do I get my car back?” and “How will I get to work?” The Kollin Firm addresses both immediately.
If your vehicle was impounded under a police hold (i.e., without a court order), we can often secure its release within 24 hours. We also review your Administrative License Suspension (ALS) paperwork to determine if an appeal or stay is possible.
Timing is critical: you have only 30 days to challenge an ALS suspension. Depending on whether you submitted to a chemical test or refused testing, your waiting period to apply for limited driving privileges varies—typically 15 days for compliance or 30 days for refusal. Under the new law, judges now have expanded discretion to grant broader privileges, sometimes immediately if an ignition interlock device is installed.
How We Build a Strong Defense
1. Case Review and Documentation Audit
We begin with a complete review of the traffic stop, police reports, and test results.
2. Testing Procedure Analysis
We compare every aspect of your field and chemical testing against NHTSA standards and statutory requirements.
3. Vehicle and License Recovery
We take immediate steps to release your vehicle and appeal any BMV 2255 suspension.
4. Administrative Appeals
We file challenges within the required timelines to preserve your driving privileges.
5. Strategic Resolution
We pursue dismissal, reduction, or alternative sentencing when appropriate to protect your record and livelihood.
Why You Need an Experienced OVI Attorney
The penalties for OVI reach far beyond fines and short-term license suspensions. Without the right defense, an OVI conviction can impact your career, professional licenses, and future employment opportunities. Attorney Tom Kollin provides focused, strategic defense across all stages of your case:
- Challenging Automatic Suspensions: You must act within 30 days to preserve your right to appeal.
- Exposing Field Sobriety Errors: We identify improper test administration or scoring inconsistencies.
- Navigating Dual Proceedings: OVI cases involve both criminal and administrative hearings—each with unique deadlines.
- Protecting Professional Licenses: Medical workers, CDL holders, and public employees face career consequences.
- Spotting Procedural Mistakes: Improperly sworn police reports or missing documentation often lead to dismissal.
An OVI case begins long before a breath or blood test. From the initial traffic stop to field testing and paperwork, each moment must comply with the Fourth Amendment’s protection against unreasonable searches and seizures. My role is to scrutinize every step to ensure your rights were never compromised.
Attorney Tom Kollin
Additional Penalties You Should Know
- High BAC (“Super DUI”) – A blood alcohol content over 0.17 carries mandatory six days in jail and requires yellow “restricted” plates.
- Vehicle Seizure – Vehicles may be impounded through police or judicial holds. We help secure prompt release in both situations.
- Professional License Risks – CDL holders and licensed professionals can face automatic suspension even for off-duty OVI arrests.
Frequently Asked Questions
What’s the difference between a DUI and OVI?
Ohio law uses “OVI,” meaning Operating a Vehicle Impaired. It covers having physical control of a vehicle, even when parked, while impaired by alcohol or drugs.
When am I officially under arrest for OVI?
You are considered under arrest before any testing begins. Once an officer believes they have probable cause, all further questioning and testing occur after the arrest.
Can I refuse field sobriety tests?
Yes, and in many cases, you should. Field tests are subjective and can be difficult even for sober individuals. Refusal prevents officers from collecting additional evidence that could be used against you.
Will I lose my license?
An administrative suspension begins immediately after arrest, but you may appeal within 30 days. For first-time offenders, limited driving privileges may be available after 15–30 days, depending on whether you passed or failed the test.
What if I have a Commercial Driver’s License (CDL)?
CDL holders face particularly harsh consequences, including losing their CDL for one year or longer—even if the offense occurred in a personal vehicle.
Is an OVI a felony in Ohio?
Most first and second offenses are misdemeanors. An OVI becomes a felony if you have four or more within 10 years, six within 20 years, or a prior felony OVI.
What’s the difference between OVI and Physical Control?
“Physical Control” refers to being in the driver’s seat with access to the keys, but not actually driving the vehicle. It carries lower penalties but can still affect your record and insurance.
Contact Attorney Tom Kollin Today
An OVI arrest can turn your world upside down—but it doesn’t have to end your story. With decades of courtroom experience, Attorney Tom Kollin knows how to challenge evidence, contest suspensions, and fight for second chances. Whether this is your first offense or a repeat allegation, The Kollin Firm provides clear guidance and relentless advocacy to protect what matters most.
We proudly serve Beavercreek, Xenia, Fairborn, Yellow Springs, Cedarville, Bellbrook, Jamestown, and all surrounding Greene County communities.
