Cleveland DUI Lawyer

Cleveland DUI Defense Attorney

Every driver in Cleveland has a legal responsibility to operate their vehicle safely and to refrain from consuming drugs or alcohol prior to operating their vehicle. If you or a family member has been charged with a violation of Ohio’s driving under the influence (DUI) laws, it is vital to work with a Cleveland DUI lawyer. The right attorney can be an invaluable asset during the difficult legal proceedings ahead, potentially helping you avoid conviction.

Alcohol-related traffic charges, such as DUI offenses and operating a vehicle while under the influence (OVI) offenses, can result in serious and lifelong consequences. This is why it is important to consult with an experienced Cleveland DUI defense lawyer, learn your legal options, and protect your rights.

Work With a Skilled DUI, OVI & Criminal Defense Attorney

At Fortress Law Group, LLC, we have spent over 15 years supporting clients and fighting aggressively for their interests against criminal charges, including DUI and OVI offenses. These charges can have long-term consequences for your future, so it is essential that you do what you can to mitigate this. Finding a skilled attorney is an essential step to defending your rights.

Matthew C. Bangerter has formerly worked as an assistant prosecutor, giving him an in-depth understanding of the tactics and methods the prosecution uses in their cases. He was also certified in an impaired driving enforcement program by the National Highway Transportation and Safety Administration, as well as the International Association of Chiefs of Police.

He also has a scientific background, as he works to secure a Master of Science in biochemistry. This knowledge and education give him an exceptional understanding of forensic evidence and its uses in criminal cases. Matthew is able to administer field sobriety tests. All of this unique training enables him to provide you with exceptionally strong and well-rounded DUI defense.

Your DUI or OVI case may be handled by the Cleveland Municipal Court or the Cuyahoga County Common Pleas Court. Our firm has experience navigating criminal cases in these courts and has strong professional relationships with those hearing your case.

Ohio DUI Laws for Blood Alcohol Concentration

In Ohio, there are two legal limits for blood alcohol level (BAC) for most drivers: 0.08 and 0.17.

If a driver has a BAC of 0.08, they are deemed to be “per se intoxicated,” which means that no additional proof of driving impairment is required.

If a person is found to have a BAC of 0.17 or higher, he or she will be subject to enhanced penalties.

Certain other drivers have unique legal limits, such as those unable to legally drink or commercially licensed drivers. For drivers under the age of 21, it is illegal to have a BAC of 0.02 or higher.

Can Someone Receive an OVI for Having a Blood Alcohol Content Below 0.08?

Yes, someone can still receive an OVI for having a BAC below 0.08. There are two basic OVIs based on BAC, which are determined by a chemical test. Ohio law also makes it illegal to operate while influenced by alcohol, drugs, or a combination. If an officer believes that the person is impaired, they can charge the driver with an OVI even if they blew a 0.06 or 0.05.

Alcohol affects everybody differently, so some people may have a low BAC level and feel it more, while some people may have a high BAC level and think that they’re fine. Always be cautious, and do not drive while impaired.

Chemical Tests Vs. Field Sobriety Tests

Police can conduct chemical tests to check for BAC using blood, breath, or urine samples.

However, it is important that you understand the difference between preliminary alcohol screenings or field sobriety tests and mandatory chemical testing under the state’s implied consent laws for drivers.

If a police officer suspects that a driver is intoxicated, they cannot force the driver to immediately take a chemical test for DUI. These chemical tests are covered by the state’s implied consent laws only after a lawful DUI arrest has been made.

Field sobriety tests or preliminary alcohol screenings occur before arrest and are not subject to implied consent laws. You have the right to refuse the officer’s request for you to perform a field sobriety test or preliminary alcohol screening. However, if you are later convicted of DUI, you can face harsher sentencing due to your refusal.

Field sobriety tests can include:

• Standing on one leg
• Counting backward
• Following a light or the officer’s finger with your eyes
• Many other tests of coordination and mental acuity

These tests are meant to show whether someone is sober or impaired, but there are many flaws. It can be difficult for a sober person to perform the tests due to their medical status, stress level, and level of physical fitness. Even environmental factors can affect the outcome of a field sobriety test. You must think carefully before agreeing or refusing to perform a field sobriety test.

If you fail a test, it could be used as probable cause by the officer to arrest you for suspected DUI. You can then be compelled to provide a chemical testing sample under Ohio’s implied consent laws. If you refuse this test after a lawful arrest, you face an automatic one-year administrative suspension of your driver’s license. You also face harsher penalties if you are later convicted of DUI in criminal court.

Ohio and Cleveland Impaired Driving Crash Statistics

Ohio experienced 36,919 crashes linked to alcohol or drug involvement by drivers or pedestrians between 2021 and 2023. These impaired-driving incidents led to 2,171 deaths, accounting for 56% of all motor vehicle fatalities in the state, and caused 22,152 injuries, making up 8% of all crash-related injuries.

From 2019 to 2024, there were 6,203 OVI-related accidents in Cuyahoga County. These figures underscore the ongoing threat impaired driving poses to Ohio communities. In 2023, there were 2,075 offenses for driving under the influence in the county, and 2,471 offenses in 2022.

Ohio DUI Criminal Penalties

Ohio has some of the strictest penalties for DUI and OVI offenses in the country. Penalties for DUI or OVI can be severe, even for a first offense. If convicted, you could face:

• License suspension
• Hefty fines
• Vehicle disablement
• Required OVI offender license plates
• Installation of an ignition interlock
• Mandatory jail time

If you test over the legal limit or fail to submit to a breath alcohol test, you face a mandatory minimum Administrative License Suspension (ALS) unless you correctly appeal the suspension.

Collateral Penalties of a DUI or OVI

Aside from court-mandated penalties, you are likely to see other financial and personal consequences. Your insurance premiums are likely to increase, potentially for years. Drunk driving charges can do significant harm to your reputation. Court-imposed driving limitations may also impact your ability to get to and from work, further limiting your finances and potentially costing you your job.

Ultimately, the total penalties resulting from a DUI conviction can extend far beyond the sentence you receive from the judge. You could face years of financial hardship due to the total cost of the conviction.

How Are DUI Penalties Determined?

State law assigns penalties for DUI based on multiple factors. This includes the number of past convictions a driver has and other aggravating factors in their case. These factors have the potential to escalate their sentence significantly.

Even a first-time DUI offense can have severe penalties if there are aggravating factors. Penalties increase for a second conviction, meaning the defendant faces even more time in jail, larger fines, and a driver’s license suspension for a longer period.

If a driver is convicted of a DUI for a third time within 10 years, the penalties are even more severe. Defendants then face a felony charge for a fourth or subsequent conviction. Felony DUI penalties include heavier fines, a longer license suspension, and incarceration in state prison rather than county jail.

A felony can also have more significant impacts on your life. You could lose your voting rights while incarcerated, and it may be more difficult to secure housing or employment due to background checks.

Changes to DUI Penalties in Cleveland in 2025

Liv’s Law went into effect in April of 2025, increasing the criminal penalties for impaired drivers who cause someone else’s death. Both fines and prison time were increased, and fewer prior offenses are required for the court to increase the severity of penalties. The bill also increased the fines for an OVI conviction, even when there is no accident or injury.

Factors That Can Affect a DUI/OVI Charge in Ohio

If you get a DUI or OVI, there are factors that can enhance or aggravate a charge. Aggravated charges come with more significant penalties for conviction. Here are some factors that can affect a DUI/OVI charge in Ohio.

Prior OVI Convictions

The most common one is successive OVIs. Every OVI a person gets is added to the last one. There are enhanced penalties for multiple OVIs within six years, within twenty years, and at some point, there are enhanced penalties for getting several OVIs in your lifetime. They get more and more serious under the law, and even with an individual judge, if you see that you are getting more OVIs, he is likely to give you a stiffer sentence than the minimum required by law.

An Extremely High Blood Alcohol Content Level

If your BAC is extremely high, it can aggravate penalties. There are low-tier and high-tier alcohol BAC levels. The low tier in Ohio is a BAC of 0.08 to 0.17. A BAC of 0.17 or higher is a higher tier. The penalties are enhanced for that level.

Having Minors in Your Car

Fortress Law Group, LLC has had cases where the driver got a DUI with two small children in the car, and she got charged with child endangerment. That is an example of another serious charge on top of an OVI. It is very difficult to fight these additional charges, especially if you are found guilty of an OVI, and the kids are in the car. This makes the penalties worse.

Accidents That Involve Injury

When accidents result in injury or death, they can lead to charges like aggravated vehicular assault or homicide. When these cases happen because of impaired driving, the consequences can be worse. In some cases, Ohio law allows that penalties for the OVI run consecutively to penalties for the underlying accident. Having the OVI makes it worse, both under the law and in the eyes of the judge who is actually handing out the sentence.

When You Should Hire a DUI Lawyer in Cleveland

Consider seeking professional legal representation if you’re currently facing:

• A first-time DUI/OVI charge
• A high-test BAC result (0.17% or higher)
• A repeat OVI offense
• An accident, injuries, or property damage after an impaired accident
• Consequences of a refusal of breath or chemical testing
• An administrative license suspension
• Risk of losing a commercial driver’s license (CDL)

If you’re unsure whether your situation requires legal help, speaking with a Cleveland DUI lawyer can give you clarity and protect your rights from the start. Fortress Law Group, LLC is equipped to guide you through each step of a criminal case, helping you avoid costly mistakes and pursue the strongest possible defense.

How Your Cleveland DUI Defense Lawyer Can Help

When you are charged with any crime in Cleveland, the prosecution faces the burden of proving your guilt beyond a reasonable doubt. This is a high standard of proof that requires the prosecution to secure as much admissible evidence and witness testimony as possible. They must leverage their evidence carefully. Your OVI defense attorney can attempt to prevent them from meeting their burden of proof.

It is possible to form a solid defense against a DUI charge in many ways, such as proving that:

• Your arrest was unlawful
• The police did not establish probable cause to conduct your traffic stop
• Your chemical test was not administered properly
• Your test sample was compromised in some way.

You may have more defensive options available to you than you initially realize, and your Cleveland DUI defense lawyer can help capitalize on them.

If you did commit a DUI offense, all hope is not lost. Your defense team can still help you avoid the worst penalties that might be assigned to you through the plea-bargaining process. During plea bargaining, the prosecution may offer to suspend a jail sentence, reduce OVI charges, and offer other incentives in exchange for the defendant submitting a guilty plea. This conserves court resources and may work in a defendant’s favor in some cases.

Your Cleveland DUI defense lawyer can help determine whether accepting a plea deal would suit your interests or if you have more viable defenses available to you that could help you avoid conviction entirely. Prosecutors sometimes offer plea deals if they are unsure whether they have enough evidence to secure a conviction, hoping the defendant accepts the plea deal out of desperation. An attorney helps you assess your options.

What Happens After Someone is Arrested For DUI/OVI In Ohio?

The process of a DUI or OVI arrest tends to include:

• Arrest and Booking – The police will take you into custody, record your personal information, take fingerprints, and possibly conduct a chemical BAC test.
• Administrative License Suspension (ALS) – Your driver’s license may be immediately suspended if you fail or refuse a breath test.
• Arraignment – Within a few days of arrest, you must appear in court to enter a plea. This may be guilty, not guilty, or no contest.
• Pre-Trial Motions and Plea Bargaining – Your Cleveland criminal defense lawyer may file motions to suppress evidence or negotiate a plea deal to reduce charges.
• Trial or Resolution – If a plea deal isn’t reached, your case goes to trial where the prosecution must prove your guilt beyond a reasonable doubt.
• Sentencing – If convicted, the judge will impose penalties, which may include jail time, fines, probation, and mandatory DUI programs.

The legal process can be complex, but with an experienced Cleveland DUI defense lawyer, you can navigate it effectively and work toward the best possible outcome.

How Public is A DUI Arrest?

After someone is arrested for DUI/OVI in Ohio, the arrest records themselves are public. If anyone wanted to look, they could see the records in certain background checks. There may also be a risk of publicity in towns that have a local newspaper that reports every DUI arrest. It is not something that can be hidden intentionally, as it cannot be sealed or hidden while the process is ongoing.

How Does a DUI Arrest Affect Your Life?

A DUI arrest can affect relationships with friends and family. It can be embarrassing, especially when they have to deal with your DUI arrest. It can also affect your general reputation.

An arrest can also affect your employment, although it depends on the employer. If your job requires a lot of driving, an employer may look poorly on that. It can result in consequences simply from getting charged, even if there is no guilty plea.

Are Commercial Driver’s License Holders Handled Differently?

When a commercially licensed driver is arrested for a DUI or OVI, the DUI itself is handled the same way, but the penalties are much stiffer. These drivers risk license suspension or a lifetime license suspension. Additionally, there is a much lower threshold for what is considered a DUI or OVI for commercially licensed drivers. An OVI could be charged for any measurable amount of alcohol or a controlled substance, or for a BAC of 0.04 or higher.

There are also other consequences. This is one of the cases where the employer may fire them for a DUI conviction, arrest, a license suspension, or a suspension because of a refusal to take the breath test.

Can Your CDL License Be Affected if You Are Charged With DUI Driving Your Own Personal Vehicle?

Yes, it does not matter whether you were driving a personal vehicle or not. Even if you are off the clock and driving your own car, if you have a Commercial Driver’s License (CDL) on your license, it still affects the CDL.

The penalties are severe if you hold a CDL and are arrested for DUI. Even if you were driving your personal vehicle at the time of arrest, you could lose your CDL for one year or face a lifetime disqualification for multiple offenses. Our legal team aggressively defends CDL holders to help protect their livelihoods.

Is It Harder to Defend a Client Who Has Declined Tests?

Everybody wonders if they should refuse field sobriety tests or a preliminary alcohol screening test. You have to weigh how much you think you have been drinking and the reality that you risk a significant license suspension if you refuse to take that test. Some courts enforce stiffer penalties for refusing to take the test.

There is no good answer to whether you should refuse these tests. Every case is possibly different. As far as being easier to defend, it is comparable to making a statement to the police. If you do not take the test, then the prosecutor typically has less evidence against you.

If you want to know the right way to start dealing with a DUI, Fortress Law Group, LLC can give you the information and legal answers you’re seeking.

What Should Someone Do After They Are Arrested For DUI/OVI In Ohio?

If you are arrested for DUI/OVI in Ohio, stay calm and avoid making any statements to the police. Contact an experienced Cleveland DUI lawyer immediately to protect your rights and begin building your defense

What Are Some Common Mistakes People Make After They Are Arrested for DUI/OVI in Ohio?

Just like in any criminal case, people like to try to help themselves by talking to or explaining themselves to the police. They may say “I only had a couple” or “I didn’t drink that many,” but by making that statement, they admit to drinking, which harms the criminal case if it goes to trial. It is better not to make any statements without talking to an experienced attorney.

After a DUI Arrest, Why Is Not the Right Approach to Plead Guilty and Get It Over With?

Pleading guilty is not the right approach because you always want to take the chance to try to get a better resolution. There are many cases where you can work out a reduced charge or some lower punishment.

If it is your first DUI with no prior criminal history, a skilled criminal defense attorney can reduce it to reckless operation or a physical control offense.

Physical control is being in physical control of the vehicle under the influence, but not actually driving. This means there are no points on your license. It is not a moving violation, and it does not affect insurance the same way. It has a much better result than a straight OVI.

You always want to at least take a chance to pursue those opportunities to secure a better outcome for your OVI case.

What Happens in the OVI Process, From Being Pulled Over for Suspicion, Being Arrested, Going to Court, Until You’re Released From Jail?

When the officer at the scene arrests you, they take you to jail. They ask you if you want to take the implied consent breath test, or they ask you to blow into the machine. You can typically get out of jail within a few hours if you are bailed out. After this, request your hearing for license suspension as soon as possible.

Your first court date is a few days after that. That is an arraignment. You go in front of the judge and are informed of your rights in court, your right to an attorney, and your right to have a trial.

When you hire the defense law firm of Fortress Law Group, LLC, it is likely you can plead not guilty, although we must evaluate the specifics of your case. The case just starts from there. Attorney Bangerter has represented people who plead guilty, but there is no advantage to doing that.

After a plea, the case generally has a couple more court dates that allow the defense attorney to work on the case and negotiate with the prosecutor to try to resolve the case. If it does not resolve, then it is set for trial. Most OVI cases are probably handled within two to three months, but that varies based on how busy the court system is.

What Is the Time Frame to File With the DMV if You Have Declined the Breathalyzer?

There are ways to appeal the suspension of your license. However, you must have that appeal filed within thirty days of your arrest. That is one deadline that your attorney needs to know about, or else your license may be automatically suspended even if you are found not guilty.

There are a couple of other ways to handle a license suspension as the case goes on.

Firstly, you can ask the courts to stay the suspension, which delays it so that your license is not suspended at the moment. However, that is not a guarantee, and in those cases, you must serve the suspension.

You can also ask the court for restricted driving privileges. If you need to drive to work, school, or doctors’ appointments, the court often grants you privileges for only those things. While there are restrictions, it helps you to go about your life with the license suspension.

There are other limitations to restricted privileges. Depending on the exact statute the court suspended the license under, or how many OVIs you have had, there could be a fifteen- to thirty-day period in jail with that suspension, where you cannot get any privileges. If you have thirty days of jail time for refusing to take a breath test, you cannot get those privileges for thirty days.

How Can an Experienced Cleveland Criminal Defense Attorney Help Defend a DUI/OVI Case in Ohio?

Facing DUI charges alone can be overwhelming. A Cleveland OVI lawyer can:

• Negotiate reduced charges – We may be able to lower your DUI to a lesser charge like reckless driving.
• Avoid maximum penalties – We work to minimize jail time, fines, and license suspensions.
• Challenge DUI evidence – We scrutinize the police report and breathalyzer accuracy.
• Represent you in court – We are prepared to take your case to trial if necessary.

How Often Is Fortress Law Group, LLC Able to Reduce Punishments in OVI Cases?

Fortress Law Group, LLC is able to help reduce penalties for OVI cases very often. Especially for first-time OVIs, there are a number of other options to reduce the case. When addressed proactively, an attorney can get a client involved in some diversion programs. This can help get them minimum penalties. There are also numerous defense strategies that can be used to reduce or avoid charges.

There is a minimum jail time on an OVI charge. A first-time OVI is three days in jail minimum, but there is a provision where you can attend a driver intervention program. This is a weekend of listening to alcohol awareness classes. That can substitute for jail time, so a first-time offender may spend time at a hotel rather than in jail.

There are cases where Fortress Law Group, LLC has been able to negotiate even shorter suspensions or even eliminate suspensions from the final agreement.

Why Is It Important to Hire an Attorney to Represent You in a DUI Case?

If you defend yourself, you do not have the experience to execute a strong DUI defense.

You’re likely not certified in administering the field sobriety test. When you hire a DUI lawyer, they can watch the video of the traffic stop and arrest to see what a police officer may have done wrong when administering all those tests. If the tests are out of compliance with the regulation, then they should not be allowed as evidence.

If there are other mistakes, your defense lawyer can point those out to the jury and show why the test was invalid. A person defending themselves is not likely to know those details. Attorney experience also comes with an understanding of the signs behind breath testing itself, as well as the state-mandated procedures that an officer has to follow for a valid test.

Taking another example, Fortress Law Group, LLC had a case recently where a young lady blew a 0.14% BAC. One of the regulations for these machines is that the officer has to observe the person for twenty minutes before they blow into the machine. If the person puts anything into their mouth or regurgitates a little, it could affect the alcohol level, throwing off the reading in the machine.

The officer did not do that and instead had her sit there for five minutes before blowing into the machine. This invalidated the whole test. Because of that, the attorneys got a significant reduction in the case. An attorney has knowledge of these legal requirements that you typically could not know to pursue when representing yourself.

Do Most OVI Cases Settle Out of Court or Go to Trial?

The vast majority settles out of court. Only about 5% of cases actually go to trial.

What Tests Are Carried Out When Someone Is Stopped for DUI/OVI in Ohio?

When a driver is stopped on suspicion of DUI/OVI in Ohio, law enforcement typically conducts a series of tests to assess impairment. These include Standardized Field Sobriety Tests (SFSTs) and chemical tests to measure BAC.

Each of these tests has limitations, and results can sometimes be challenged in court based on improper administration, equipment calibration issues, or medical conditions that may affect performance.

What Are Standardized Field Sobriety Tests Designed to Do?

These tests are designed to detect impairment. There are three of them that are standardized in Ohio: The Horizontal Gaze Nystagmus (HGN), the walk and turn, and the one-legged stand.

1. The Horizontal Gaze Nystagmus is the one where the police officer moves a fingertip or pencil in front of your eyes. They are checking for involuntary jerking movements of the eyes that can occur if a person is intoxicated. The problem is that those jerking movements can occur for any number of reasons, and most of them are not alcohol related.The other issue with that test is that officers rarely perform it correctly. Attorney Bangerter has been certified with the same training that officers get to administer those tests. This certification takes three full days of training to learn to do it right, and the officers often do not.
2. The walk and turn is where a person walks a line to check coordination, but many environmental and medical factors can influence the results.
3. The one-legged stand is where they stand on one leg for thirty seconds to check.

There are a lot more technical elements to both of those. Almost everybody who gets pulled out of their car to take those tests has never seen them before or done them before. They are expected to instantly remember all those details when they are listed by the police officer and then perform them correctly. Regardless of whether they have been drinking or not, it is very difficult.

What Are the Consequences of Refusing to Do a DUI Test?

The consequences of refusing to do a DUI test can vary. You can decline to take field tests. However, as a practical matter, the police officer may decide that they want to arrest you just based on whatever else they see, such as if they smell alcohol. As mentioned earlier, some courts frown on refusing breath tests, and one of the ways they try to be hard on that is by refusing to grant privileges.

Are Those Tests Actually Admissible in Court as Evidence?

Yes, they are. In a trial, the prosecutor typically plays the dash cam video of the stop. They show all of the tests.

For the breath test, the officer takes you back to the station and has you blow into the machine. That is admissible. But if they give you a portable breath test on the side of the road, that is not admissible in court.

Are There Consequences to Refusing to Do the Portable Breath Test?

No, not for the portable breath test, only for refusing to take the actual breath test back at the station.

Things to Know After Facing a DUI/OVI in Ohio

Being charged with a DUI/OVI in Ohio can have significant legal and personal consequences. Understanding your rights and the potential impact of the charge is crucial for making informed decisions.

Who Has to Have an Ignition Interlock Devices Installed and for How Long?

An ignition interlock device is typically required for six months to a year when someone is on probation. Some courts order them installed as a condition of driving privileges while the case is still pending. After multiple DUIs, they can be mandatory, but for the first DUI, they are generally optional. The court can impose them at its discretion, but one thing Fortress Law Group, LLC can work out is that the person is not going to have that interlock.

Is Having an Interlock Device Installed Expensive?

Yes. The client typically has to pay for those. There is an installation fee and a monthly fee. It is another expense and another hoop to jump through to get that installed and properly working.

Are There Any First-Time Offender Programs for OVIs In Ohio?

Typically not, but some courts have tried them. Groups like Mothers Against Drunk Driving tend to advocate against these programs. An attorney can help you assess current options.

Is Probation a Typical Provision for an OVI Conviction?

Yes. For a first-time OVI, it is typically about a $400 fine plus court costs, driver intervention program, community service, probation from six months to a year, and driver’s license suspension from six months to a year. Those are some of the standard first-time penalties, although other factors about a case can change them.

In Ohio, Are There a Lot of Cases Involving Illegal or Prescription Drugs?

Yes, they do come up. Fortress Law Group, LLC has had very few, but marijuana is the most common. People have marijuana metabolites in their blood, meaning marijuana stays in your system for weeks after you smoke it. A person could be driving weeks after they smoked marijuana and get charged with an OVI even though there is no chance they were under the effects of the drug.

Are Drug OVI Cases Handled Similarly to an Alcohol OVI?

Typically, the penalties are the same. There might be an underlying drug charge if the officer finds drugs in the car.

Once Someone Is Arrested, Does Their Car Become Available to Be Searched?

If law enforcement is going to tow the car, then they can search it. It is called an inventory search. They typically search the car and find whatever is in there.

Know Your Rights After DUI Arrest

Whenever any American citizen is arrested for a crime, they have the right to remain silent under the Fifth Amendment. This means you are not required to answer any questions from the arresting officers, nor are you required to sign any statements or act as a witness against yourself. Do not make the mistake of assuming that remaining silent makes you look guilty; anything you say could be used against you, even if you are entirely innocent.

You also have the right to an attorney under the Sixth Amendment. After arrest and booking for DUI, you are permitted to make phone calls. You can call your family to inform them of your situation and then reach out to an experienced Cleveland DUI defense lawyer. Your attorney can review the details of your arrest to determine whether it was lawful, and they can listen to your side of the story and explain how they can help in your situation.

The Fortress Law Group has years of experience defending Cleveland area clients in DUI cases, and our team knows the science behind DUI chemical testing that is often misapplied in these cases. We can examine all the details of your case and help formulate an effective defense. Our goal is to help you avoid conviction if possible or minimize your penalties if necessary.

Get The Legal Representation You Need

The most common method for testing BAC is a breathalyzer machine, many of which pose significant reliability problems. As an Ohio DUI defense attorney, Matthew Bangerter handles all matters related to the defense of your drunk driving charge, including challenging the reliability of breathalyzer equipment used, appearing in criminal court as your advocate, and negotiating with the prosecution to obtain a reduced sentence.

As a skilled Ohio DUI attorney, Matthew Bangerter understands the Ohio drunk driving laws. He strives to obtain a dismissal or reduction of charges against you, as well as the minimum available penalty. He understands that maintaining your driving privileges is of the utmost importance, so he seeks to minimize or avoid any suspension or revocation of your driver’s license.

Matthew Bangerter understands the importance of a close examination of the evidence and circumstances surrounding your DUI charge, including the circumstances of the traffic stop, any BAC testing equipment used, and the contact with law enforcement officers.

He closely examines the circumstances surrounding your DUI charges to determine whether the police had probable cause to pull you over and whether the field sobriety and breathalyzer tests were properly administered.

What Happens if I Caused an Accident While Intoxicated?

If you caused an accident while intoxicated, you are not only likely to face harsh penalties upon conviction for DUI, but also need to repay the damages you caused to others. The state of Ohio follows the fault rule for resolving car accidents, so the driver at fault for an accident is liable for the damages they inflict on others. An injured driver is likely to file an auto insurance claim and/or personal injury claim against you to recover the damages you inflicted in the accident.

Are People Usually Surprised About a DUI or OVI?

Some people handle it better than others. Somebody might test over the limit but believe that they feel fine. Some people might not want to drive, even though they are way under the limit, because alcohol affects them differently. Everybody is different, and everybody handles it differently.

Is There a Typical DUI Client Seen in Ohio?

Fortress Law Group, LLC has had juvenile OVI cases, all the way up to a seventy-year-old man. There is no typical client.

Is There a Typical DUI Story?

Yes. Most people come in and say, “I just had a few. I didn’t realize how much it affected me.” It is very rare that you have somebody say, “I had a 12 pack in the last hour.” Most people do not intentionally go out to drive drunk. They just have a few, they feel all right, and then they drive.

Do Most People Arrested for OVI Tend to Be Close to the Legal Limit?

When people usually say they are drunk, they tend to think of stumbling around, falling down, or being out of their mind. Most actually are not. Most of them are still coherent or a little tipsy, such as slurring their words a little bit. But they are not extremely drunk, just enough to be considered impaired under the law.

Is Driving Under the Influence a Prevalent Problem in Ohio Counties?

Yes. There are a lot of cases in all the courtrooms around here. As time goes on, penalties get stricter and stricter, and the limits get lower. There has been some talk of reducing the limit to 0.05 rather than 0.08, and there are a lot of political lobbyists and anti-drunk driving groups that drive that. If that happens, there are going to be more arrests.

What Are Some of the Misconceptions People Have About Being Arrested for a DUI?

The biggest one is people saying, “I took the field sobriety test, and I think I did pretty well!” When the reality is, if they had passed, they would not have gotten arrested. Those tests are so technical that most people do not pass them, and the police are always able to find something they did wrong on the test, so they can mark it on their report. This is why legal defense is crucial.

FAQs

Can a DUI Be Dismissed in Ohio?

An OVI charge in Ohio can be dismissed, but the chances depend on the unique facts of your situation. Getting the case thrown out is the most desirable outcome, since an OVI conviction in Ohio becomes a permanent mark on your record and cannot be removed. When you work with an attorney, you have a better chance of getting a DUI or OVI dismissed.

Do I Need to Hire a Cleveland DUI Defense Lawyer?

You need to hire a Cleveland DUI defense lawyer if you want to have the greatest chance of avoiding conviction or at least minimizing your penalties if you are convicted of DUI. The right attorney can help build a solid defense, potentially enabling you to avoid conviction. However, if you did break the law and conviction is unavoidable, your attorney can still help you secure a lighter sentence than you could otherwise manage.

Is a DUI a Misdemeanor or a Felony?

A DUI can be a misdemeanor or a felony in Cleveland, Ohio. For most defendants, DUI is a misdemeanor charge. However, a defendant could face an automatic felony if they are arrested for DUI for a fourth time. Aggravating factors such as extreme BAC, a DUI with a minor in the vehicle, or causing an accident resulting in great bodily harm or death could also lead to a felony DUI charge.

How Can I Avoid Prison Time for a DUI Conviction?

You can potentially avoid prison time for a DUI conviction by using mitigating factors present in your case. For example, if this is your first DUI arrest, the judge handling your case may be willing to suspend your jail sentence if you complete probation or assign you alternative penalties. Your Cleveland DUI defense lawyer can help determine your most viable options for avoiding prison time for a DUI conviction.

How Much Does It Cost to Hire a Cleveland DUI Defense Lawyer?

The cost to hire a Cleveland DUI defense lawyer depends on the attorney. Every Cleveland criminal defense attorney uses a different billing policy, but most of these attorneys charge their clients by the hour. This means that the longer your attorney needs to spend working on your case, the more it costs you at the end of the case in attorneys’ fees. Always verify a prospective defense attorney’s billing policy before you agree to their representation.

Get Aggressive Defense for Your Cleveland DUI Case – Free Consultation

If you have been charged with DUI/OVI or other alcohol-related crime, contact the Ohio DUI/OVI defense lawyer Matthew Bangerter with Fortress Law Group, LLC at (440) 306-3205 to schedule a consultation to discuss your DUI case.

Cleveland DUI Lawyer Reviews

Cleveland DUI Resources:

• CDLs and OVIs/DUIs in Ohio
• How Long Does a DUI Stay on Your Record in Ohio?

Meet Your Attorney

Matthew C. Bangerter

Founder, Fortress Law Group, LLC

Matthew draws on his unique background as a former Assistant Prosecutor and his scientific expertise in molecular genetics to bring unparalleled precision and strategy to criminal defense in Northeast Ohio. Whether you’re facing misdemeanor charges, serious felony indictments, or federal prosecution, he builds defense strategies rooted in forensic evidence analysis, cutting-edge legal theory, and an unwavering commitment to protecting your constitutional rights and positioning you for the strongest outcome in court.

Call (440) 659-1315