During the holiday season, from Thanksgiving to New Year’s Day, people gather with friends and family and attend work parties. Those get-togethers often involve alcohol consumption. Police are aware of this, so DUI (called ‘OVI’ in Ohio) enforcement is typically increased during this season.
Increased OVI Enforcement in 2025
The 2025 holiday season is no different. The Ohio State Highway Patrol recently issued a press release about its planned efforts to remove impaired drivers from the roadways. The press release states:
“December is historically one of the deadliest months on Ohio’s roads due to an uptick in impaired driving. That is why the Patrol is intensifying enforcement efforts this month and has zero tolerance for drivers operating a vehicle while impaired by alcohol, drugs or a combination of both.”
How OVI Enforcement is Increased
When law enforcement decides to ramp-up OVI enforcement, they generally use two methods. First, law enforcement agencies set up OVI checkpoints. At one of these checkpoints, the officers stop vehicles which drive through an established location. An officer talks with each stopped driver and determines whether that driver may be under the influence. If the answer is yes, the driver is subjected to field sobriety testing and breath alcohol testing. OVI checkpoints have been found to be legal but also ineffective, as described in this article.
Second, law enforcement agencies execute saturation patrols. The agencies will have extra officers work a particular shift; typically a mid-shift which covers the evening and early morning hours. The extra officers have the singular purpose of seeking-out impaired drivers. They are not responsible for responding to dispatches for other reasons so they can focus solely on OVI enforcement.
What Happens During an OVI Investigation
If an officer on a saturation patrol stops a driver and suspects the driver is under the influence, the officer conducts an OVI investigation. The officer asks the driver questions about drinking alcohol and using drugs. The officer then typically administers field sobriety tests. If the officer believes, based on the totality of the circumstances, the driver is under the influence, the officer arrests the driver. The officer then asks the driver to submit to a test of the driver’s breath, blood, urine, or oral fluid. The officer issues an OVI ticket to the driver with a mandatory court appearance.
What Happens in Court for an OVI Ticket
At the first court appearance, the arraignment, the driver is asked to enter a plea: guilty, no contest, or not guilty. If the driver pleads guilty or no contest, the judge makes a finding of guilt and imposes the sentence. The driver must then serve the sentence, and the driver will have an OVI on their record indefinitely. If the driver pleads not guilty, the case will be scheduled for additional court appearances. The driver then has the opportunity to review the evidence and present a defense in an effort to avoid an OVI conviction.
Decisions to Make if an OVI Ticket is Issued
When a person receives a ticket for OVI, the first court appearance is held within five business days. Before that first court appearance, the person should make three decisions. First, the person should decide what plea they are going to enter. Second, the person should decide whether they are going to be represented by a lawyer. Third, if the person chooses to be represented, the person must decide what lawyer to hire.
Tips for Avoiding an OVI
In its press release, the Ohio State Highway Patrol encourages all drivers to be responsible by doing the following:
- “Designating a sober driver: Before your celebration begins, establish a sober driver. If plans change, call a friend or rideshare service. Never assume you are safe to drive after consuming alcohol or drugs.
- Knowing the different types of impairment: Troopers are not just looking for those impaired by alcohol. They are specifically trained to detect impairment from marijuana and other drugs that negatively impact driving ability.
- Knowing the consequences: An OVI conviction carries penalties, including the potential for jail time, heavy fines and license suspension. These consequences seem severe but are minor compared to carrying the lifelong burden of taking someone’s life in a crash.”
For those drivers who find themselves charged with OVI during the holiday season, it would be wise to consider hiring a skilled OVI defense lawyer.
About the Author: Shawn Dominy is a leading OVI lawyer in Ohio and the founder of the Dominy Law Firm in Columbus, Ohio. He can be reached through his law firm’s website: Dominy Law Firm.
