The Ohio OVI Court Process: Arraignment to Trial

In Ohio, an OVI case follows a structured court process governed by the Ohio Revised Code, the Ohio Rules of Criminal Procedure, and the local rules of the court where the case is filed. While details and scheduling can vary by court, the core stages of an Ohio OVI case are generally consistent.

The process typically begins with arraignment, where the charge is formally presented. The case then moves into discovery, during which evidence is requested and reviewed. One or more pretrial conferences usually follow, allowing the parties to address legal and procedural issues. During this time, the defense conducts an evaluation of the case, including the stop, investigation, testing, and applicable law.

If appropriate, the defense may file a motion to suppress, asking the court to exclude evidence obtained in violation of Ohio law or the Ohio or United States Constitution. If the case is not resolved through pretrial proceedings or court rulings, it may proceed to trial, which in Ohio may be to the court (a bench trial) or to a jury, depending on the charge and the defendant’s rights under Ohio law. Each of these stages serves a distinct purpose, and the outcome of a case is often shaped by how these steps unfold.

Arraignment

As soon as possible, record Critical pieces of defense that may be forgotten if not recorded. Fill out this Questionnaire as soon as possible so you have a record of the event.

Your first court appearance is called an arraignment. “Arraignment” is an old English word that means “bring the body.” The arraignment is required to take place shortly after the officer files the complaint against you. It is the formal beginning of your court case. It was designed to allow you to know the charges being brought against you. The court will tell you the charge and the potential penalties you are facing and the three pleas you have available to you (Not Guilty, Guilty, or No Contest). The court will also ask you how you wish to plead to the charges. You should enter a plea of NOT GUILTY until you have had the chance to speak to an attorney. If you plead guilty, you will be sentenced by the judge and you will have an OVI on your permanent record. An OVI cannot be sealed or expunged. Give yourself a chance to fight your charge and avoid having the harshest consequences imposed. You can contact Charles Rowland at (937) 318-1384 during business hours, or call (937) 776-2671 for his after-hours DUI HOTLINE.

If you hire Charles M. Rowland II before your arraignment, you may not have to appear in court. The Dayton Municipal Court allows your attorney to file a NOTICE OF APPEARANCE telling them that you have an attorney. Most of the time, you will not be prejudiced by not appearing at this initial hearing. Following the notice of appearance, the court will set future dates with your attorney. Be sure to give the attorney any information regarding your schedule so that no conflicts arise. The next step in the process will be obtaining discovery and appearing at a pre-trial conference. These steps may vary depending on the jurisdiction in which the events took place.

If you have not hired an attorney prior to this hearing, you must appear and enter your plea. Again, it is important that you protect your rights by entering a NOT GUILTY plea until you have spoken to an attorney.

Discovery

The State of Ohio has the obligation to provide “discovery” regarding your arrest. Discovery consists of materials within the State’s possession, custody, or control. This may consist of a copy of the citation, the officer’s arrest report, field notes, body camera footage, dash cam footage, witness statements, crash reports and documents related to the breath test, and alcohol/drug test records governed by the Ohio Administrative Code. The specific materials provided will depend on the facts of the case and the evidence collected. This information will give your attorney a good start on preparing a defense. An experienced DUI attorney will notice when something is amiss and/or if something has not been provided.

Reviewing discovery allows the defense to evaluate how the stop, investigation, arrest, and testing were conducted. Careful review may reveal inconsistencies, missing materials, or potential legal issues that affect how the case proceeds.

Pre-trial

After arraignment and the exchange of discovery, an Ohio OVI case typically proceeds to one or more pretrial conferences. A pretrial conference is a court-scheduled meeting between the prosecution and defense, conducted under the supervision of the court, to address the status of the case. At pretrial, the court may confirm that discovery has been requested and provided, identify any outstanding issues, and discuss the scheduling of future proceedings. Pretrial conferences are also used to determine whether motions will be filed, whether additional court dates are necessary, and whether the case is prepared to move forward.

Pretrial conferences do not involve the presentation of evidence or testimony. Instead, they serve as a procedural checkpoint to ensure that the case is progressing in accordance with Ohio law and the local rules of the court. More than one pretrial conference may be scheduled, depending on the complexity of the case and the issues involved. The outcome of a case is not decided at pretrial. Rather, pretrial proceedings help shape the path the case will take as it moves toward motion practice, hearings, or trial. Remember that you are in control of your case. Be involved and vigilant. Charlie always says, “I work for you, you don’t work for me.”

Your pre-trial should not be a source of anxiety. It is my chance to talk to the prosecutor. Often, a first pretrial will be a “discovery” pretrial where I will make sure we have all of the materials we need to defend your case. In most courts, you will not appear before the judge. You will not be required to make a decision about your case in a hallway, without sufficient time to make informed decisions.

These are some common questions we get about pretrials:

What do I wear? In most cases, you will not be required to appear in front of the judge at your pretrial. You will wait in the lobby or outside the courtroom while I speak to the prosecutor. If you do appear before a judge, be cognizant of the fact that the judge has never met you and you want to make a good impression. You don’t have to “dress up” but you can leave the concert-tee for another time.

Where is Charlie? In some courts, attorneys are gathered in a separate room awaiting our turn to conduct the pretrial. If that is the case, you may not see me. Don’t worry, I am there. That being said, don’t wait forever. Call my office at (937) 318-1384 to see if there is an issue.

Do I have to attend? Ask Charlie about excusing your attendance at the pretrial if it will be burdensome to attend. We can get you excused by filing a motion with the court and/or letting you know if you will have to appear before the judge. It is a court-specific answer, so ask us well in advance. We are here to make this process easier on you.

When Should I arrive? Always be about ten (10) minutes early to your hearing. It can be frustrating to arrive for your 1:30 p.m. pretrial and wait forever to be seen. I understand. However, courts are busy and sometimes have multiple dockets running at the same time. Call my office if you feel you are experiencing an unexpectedly long delay. If possible, I will tell you what is going on and how long we can expect to wait.

Will the Court address my Driving Privileges at the Pretrial? Usually… no. The judge is usually not involved in the pretrial conference as it is a discussion between the prosecutor and your attorney. Stay aware of the status of your driving privileges. Sometimes, my staff will have me deliver or inquire about privileges while we are in court and/or have you pick the privileges up while you are there. Stay on top of this and work with us so that we can get you back to driving.

Motion to Suppress

The first step in a proper defense is to evaluate the case and look for issues which may result in your OVI being reduced or dismissed. If your attorney cannot recognize a defense, it is lost to you. After discovery is complete, we look to see if you would benefit from a “motion to suppress.” If appropriate, we file a “motion to suppress” to attack evidence obtained by the officer. These motions take any number of tacks, but their essential purpose is to reduce the evidence that can be used against you. Motions to suppress are a vital component of the OVI attorney’s arsenal and can prove vital to winning your case. Ask your attorney what type of motion to suppress is appropriate in your case.

Some of the matters that we look for in a Motion to Suppress include: Does the evidence demonstrate that the officer had a legitimate reason for stopping your vehicle or coming in contact with you? Did the officer do their job and amass enough evidence to continue the detention after you were stopped? Was there a quantum of evidence which would support the officer beginning an OVI investigation? Did the officer have enough evidence to ask you to step from your vehicle? Were the Standardized Field Sobriety tests articulated, administered and evaluated correctly? Did probable cause exist to justify your arrest? Did the police officer and the police department follow the proper regulations for conducting a blood, breath, or urine test? Was the test given justified by the facts obtained by the officer? Was the breath testing machine in proper working order? Is the test, as administered, reliable? Did the police department properly maintain the documents to demonstrate the test was properly administered?

A motion to suppress hearing is held prior to trial. It is not in front of a jury, but is decided by the judge. Often, the main question(s) presented at a motion to suppress involve whether or not the State has demonstrated there is probable cause to believe you were impaired at the time of your arrest. We have innumerable resources available to us at DaytonDUI, including access to expert witnesses, nation-wide references and resources, some of the best training materials on a wide range of OVI related topics. Add that to the thirty-plus years of experience and we are ready, willing, and able to defend you.

Jury Trial

This right to a trial by jury is governed by the Ohio Constitution, the Ohio Revised Code, and the Ohio Rules of Criminal Procedure. A jury trial means that a group of citizens listens to the evidence presented in court and determines whether the State of Ohio has proven each element of the charged offense BEYOND A REASONABLE DOUBT. The judge presides over the trial, rules on legal issues, and instructs the jury on the applicable law, but the jury determines the facts.

Your right to a jury trial is not automatic in every case and must be properly asserted. Under Ohio law, a defendant may be required to make a timely jury demand, and failure to do so can result in the case being tried to the court instead of to a jury. The specific procedure and deadlines for demanding a jury trial are governed by the Ohio Rules of Criminal Procedure and, in some instances, by local court rules.

Jury trials follow a structured process. The case begins with jury selection, during which prospective jurors are questioned to determine whether they can be fair and impartial. Once a jury is selected, the trial proceeds with opening statements, the presentation of evidence, and closing arguments. Evidence may include testimony from law enforcement officers, witnesses, and, in some cases, expert testimony. Physical evidence, video recordings, and testing records may also be introduced, subject to the rules of evidence and prior court rulings.

Throughout the trial, the State bears the burden of proof. The defendant is not required to present evidence or testify, and no negative inference may be drawn from the exercise of that right. After all evidence is presented and the jury is instructed on the law, the jury deliberates in private and must reach a verdict in accordance with Ohio law.

A jury verdict must meet Ohio’s legal requirements, which may include unanimity depending on the charge. If the jury is unable to reach a verdict, the court may declare a mistrial. If a verdict is reached, it is announced in open court and the case proceeds according to Ohio procedure.

The decision whether to proceed with a jury trial is a significant one and depends on many factors, including the nature of the charges, the evidence, and the applicable law. Jury trials are governed by strict procedural rules, and each case must be evaluated on its own facts within the framework of Ohio law.

What Does a No Contest Plea Mean?

In Ohio, a no contest plea (also called nolo contendere) is often misunderstood. While it differs from a guilty plea in a narrow technical sense, its practical effect in an Ohio OVI or criminal case is largely the same as a guilty plea.

How Ohio Law Defines a No Contest Plea

Under Ohio law, a no contest plea means that the defendant does not contest the facts alleged by the State. The plea is not an admission of guilt, but it is an admission of the truth of the facts alleged in the charging instrument. Ohio courts are required to treat a no contest plea as an admission of the facts for purposes of determining guilt in the criminal case. This means the judge or magistrate will take the facts in the charging instrument as true. You, by entering the plea, cannot challenge those facts, but only offer mitigating circumstances. In short, it is usually a bad idea to enter a NO CONTEST plea unless you are prepared to be found guilty based on the report. CAVEAT: Talk to an attorney prior to entering a plea.

What Happens After a No Contest Plea

When a defendant enters a no contest plea in Ohio, the court reviews the complaint, citation, or indictment. If the facts alleged support the elements of the offense, the court must find the defendant guilty. In other words, the judge does not conduct a trial, hear witnesses, or weigh evidence. If the charging document states facts sufficient to establish the offense, a finding of guilt follows automatically.

Sentencing Is the Same as a Guilty Plea

Once a court finds a defendant guilty following a no contest plea, the case proceeds to sentencing. Under Ohio law, the same penalties apply as if the defendant had entered a guilty plea. Jail exposure, fines, license suspensions, and other sanctions are identical. The conviction is recorded the same way for criminal history and penalty enhancement purposes. Ohio law does not provide reduced penalties or special treatment simply because a plea is no contest rather than guilty.

The Limited Legal Difference

The primary legal distinction under Ohio law is that a no contest plea cannot be used as an admission of guilt in a related civil case. This is why no contest pleas are sometimes considered in cases involving accidents or potential civil liability. CAVEAT: Talk to your attorney about this issue prior to entering any plea. That limitation, however, does not affect the criminal case itself. Within the criminal proceeding, the court’s authority to enter a guilty finding and impose sentence remains unchanged.

In Ohio, a no contest plea is not a way to “avoid” a conviction. While it differs from a guilty plea in form, it almost always leads to the same criminal outcome: a finding of guilt and sentencing under Ohio law.

Why Trust Dayton OVI Attorney Charles M. Rowland II

Charles M. Rowland II has established himself as a top OVI attorney in Ohio and the Dayton area and beyond. He lives by the motto, “Work hard, play by the rules, and never quit!” Preparation, dedication and perseverance are his touchstones. He will vigorously fight for you and will genuinely care about the outcome of your case. He wants to make an impact on the system and on every client he represents. He wants to get the most favorable outcome including acquittals, dismissed charges, or advantageous reduced charges.

He has been recognized by his clients and his peers as a top OVI attorney. He has been a “Super Lawyer” since 2013, a Fellow to the Ohio State Bar Foundation, the Nations Top 1%, the National Trial Lawyers Top 100 for Criminal Defense, a Dayton Bar Association Foundation Fellow, and has appeared in Time and Car & Driver Magazine for OVI defense. He is a lecturer on OVI defense to police agencies, attorneys, judges, and students. He frequently appears as an expert in local media. He taught OVI trial practice at the Greene County Peace Officer Training Academy for over fifteen years and has been an adjunct professor at Wright State University in the Honors Department. In 2026, he will teach criminal law in Eastern Europe for the Center for International Legal Studies at the prestigious University of National and World Economy.

Charlie is a member of the Dayton Bar Association, the Dayton Bar Foundation (2022 Foundation Fellow), the Greene County Bar Association (past President), the Clark County Bar Association, the Ohio State Bar Association, the Ohio State Bar Foundation (2005 Foundation Fellow), the American Bar Association, the American Bar Foundation, and a member of Dayton Lodge No. 147 and Beavercreek Lodge No. 788, under the Grand Lodge of Ohio.

“All I ever wanted to do was to be a good attorney. I have been blessed that my hard work has allowed me to achieve everything I have, and I will continue to work hard for my clients and for my profession” – Charles M. Rowland II

Learn More About Ohio OVI Charges & Penalties

What to Do After an OVI · Ohio OVI Penalties · Defenses to an OVI · Standardized Field Sobriety Tests · Motion to Suppress · Physical Control · Reckless Operation

Frequently Asked Questions