Cincinnati DUI Lawyers & OVI Attorneys

The attorneys of Treleven & Klingensmith have defended DUI’s throughout southwest Ohio.  As a former prosecutor for the City of Cincinnati and now a DUI Defense Attorney, Nick has a unique perspective when it comes to defending DUI’s. Nick’s background as a prosecutor gives him the experience to successfully negotiate pleas, argue motions and take a DUI to trial.

If you have been charged with a DUI in Cincinnati, Hamilton County, West Chester, Mason, Butler County, Clermont County or anywhere else in Southwest Ohio, Contact an experienced Cincinnati DUI Lawyer today at 513-999-5297.









What is an OVI?

OVI is just another acronym for DUI.  The terms OVI and DUI are used interchangeably, much like the terms lawyer and attorney are used interchangeably.   OVI stands for Operating a Vehicle Under the Influence of Alcohol or Drugs.   There are many different sections you can be charged under depending on the specific facts of your case.  These different sections can carry different penalties.  That is why it is important to have an experienced attorney on your side.

Is an OVI Serious?

Yes, OVI’s carry minimum mandatory sentences.  What that really means, is if you are found guilty, there are certain penalties required.

What Should I Expect?

  • The first step in any DUI Defense is a consultation.  Treleven & Klingensmith offer a free consultation.  This consultation can be in person or over the phone, whichever you prefer.
  • During this consultation, you will learn exactly what to expect, what penalties you are facing and how much this defense will cost.
  • Our fee agreement is a simple, one page agreement.  You will not get nickel and dimed.  Unlike many lawyers, we do not not charge you for copies, phone calls or per court appearance.  You will know what your DUI defense will cost with no surprises.
  • The first step in defending a DUI, or an OVI (how Ohio refers to this charge) is the arraignment.  Many times it is possible to waive this arraignment with what as referred to as a written plea of not guilty.  Regardless of how much evidence the State has against you every criminal case typically always starts with a Not Guilty Plea.
  • The next step is obtaining driving privileges, so you can get back to a normal life while your case is pending.  What type of driving privileges you receive typically depends on the basic facts of your case and the judge.  Every jurisdiction handles driving privileges differently.   You will know what type of driving privileges you can expect at the initial consultation.
  • Pre-trial Motions are then filed, depending on the facts of the case.  Many times these motions will include an appeal of the ALS Suspension, a Motion to Suppress, a Demand for Discovery and a Motion to Preserve All Evidence..
  • Once the discovery is obtained, you will sit down with us and review all of the evidence.  Then a course of action is decided and executed.
  • DUI – OVI’s can be beat!

What are the Possible Outcomes?

Just because you are charged with a DUI or OVI does not mean you are guilty.  The state must prove every element of the offense beyond a reasonable doubt.  If they fail to do so, you will be found not guilty.

There are also other options besides a trial, including reducing the charge to a “wet” reckless or a physical control.  Also a new law has been enacted called “Annie’s Law.”  This new law may offer a way to reduce the days you face in jail or reduce your license suspension.

There are many ways to attack and defend a DUI.  The Prosecutor has a high burden to meet to prove you were driving a vehicle under the influence:

  • It is possible the Field Sobriety Tests  may not have been conducted in compliance with State of Ohio or NHSTA Standards.
  • The breath test, urine or blood test may not have been collected correctly.
  • The chemical test may not have been done in a timely manner.
  • The officer may have lacked probable cause to stop you.
  • The checkpoint may not have followed correct protocols.

Every case is unique and just because you were charged does not mean you will be found guilty.  You need an experienced attorney on your side. Contact Nick Klingensmith and the Cincinnati DUI Lawyers and OVI Attorneys of Treleven & Klingensmith to help beat and defend your DUI.

Not All DUI’s Are The Same

DUI – OVI laws and DUI – OVI penalties vary depending on many factors.  Some of these factors include:

  • A DUI is considered “High Tier” when a person blows over .17.
  • A person may be charged with a separate charge  if they have been convicted of a DUI in the past 20 years and refuse a breath test.
  • The number of prior DUI – OVI Convictions and whether they fall in the “look back” period.
  • The location of your DUI.  Different counties have different policies when dealing with a DUI.  You need to hire an attorney that is familiar with the Court, Judges and Prosecutors.  Nicholas has experience defending DUI’s throughout Ohio including:  Cincinnati, Hamilton County, Clermont County, Butler County, West Chester, Mason and just about every court in Southwest Ohio.
  • Related Charges can have an impact on a DUI.  Many times there are accompanying criminal charges that can also carry jail time or other penalties.
  • Sometimes we are able to utilize “Annie’s Law” which is way to keep you out of jail and shorten your license suspension.

Not All DUI Lawyers Are The Same

You want a lawyer who understands how a DUI or OVI can impact your life.  You want a lawyer who knows the courts and the system.  You want a lawyer that is local, not one based in Columbus or Cleveland.  You want a lawyer with a proven track record, the knowledge and the knowhow to defend your case.  You want a lawyer that will help you with out of court issues.  Our representation does not end in the courtroom.  Our representation and your fee includes:  help with the BMV, help with probation issues, changes in driving privileges and any other issue related to your DUI defense.  When trying to find the best DUI Lawyer, start with former Prosecutor Nick Klingensmith and the DUI Attorneys of Treleven & Klingensmith.

Cincinnati DUI Lawyer Nick Klingensmith on Fox 19