What Happens at an OVI Arraignment in Franklin County

If you were arrested for OVI in Columbus or elsewhere in Franklin County, your paperwork probably lists a date at Franklin County Municipal Court. That first date is the arraignment. It is short, it is procedural, and most people walk in not knowing what will be asked of them. This article explains where the court is, what happens in the courtroom, what to bring, and how the arraignment lines up with the separate deadline on your license.

What is an OVI arraignment?

An arraignment is usually your first court appearance after an OVI arrest. The judge reads the charges, explains your rights and asks for your plea. The court may also set bond conditions, driving restrictions and future dates.

The arraignment does not decide whether you are guilty. Nobody presents evidence and there is no trial. It is the formal start of the criminal case, and the steps that decide the outcome (discovery, pretrial motions, negotiation and, if needed, trial) all come after it.

Where is an OVI arraignment held in Franklin County?

OVI cases from Columbus and much of Franklin County are heard at Franklin County Municipal Court, 375 S. High Street, Columbus, OH 43215. The courtrooms are on the 12th to 15th floors. The clerk's office can be reached at (614) 645-8186.

The court hears first through third offense OVI cases and ALS appeals. It also handles arraignments for felony OVI cases before they are bound over to the Franklin County Court of Common Pleas. The firm's guide to Franklin County Municipal Court covers the court's divisions and dockets, and the OVI defense page for Franklin County Municipal Court covers OVI cases there in more detail.

Give yourself time on the day to park and find the right courtroom on the right floor. Check your paperwork for the courtroom and time, and call the clerk if anything is unclear.

What happens at the arraignment?

The hearing follows a set pattern. In order, the court usually:

• calls your case and confirms who you are;
• reads the charges against you;
• explains your rights, including the right to a lawyer;
• asks for your plea;
• sets bond conditions and any driving restrictions;
• sets the next dates in the case.

The court also deals with the administrative license suspension (ALS). If an ALS appeal has been filed, the court may set a hearing on it.

When a lawyer is already on the case, much of this happens through counsel. The firm appears at the arraignment, files the ALS appeal beforehand where it can, and asks for the best available bond conditions and driving privileges from the start.

How should you plead at an OVI arraignment?

In nearly all first OVI cases, the defense lawyer enters a plea of not guilty at arraignment. A not-guilty plea leaves time to review the prosecution's evidence and build the defense. Nothing about the case has been tested yet at this point: the stop, the field sobriety tests and the breath or blood result all still have to be examined.

A guilty plea at the first appearance gives that up. A first OVI is a first-degree misdemeanor with mandatory penalties, including fines of $565 to $1,075 and a court-ordered license suspension of 1 to 3 years. An OVI conviction also cannot be expunged or sealed under current Ohio law, because ORC 2953.36 excludes OVI convictions. Those consequences are why the plea at arraignment is almost always not guilty.

What about your license and the ALS appeal?

The ALS runs separately from the criminal case. After an OVI arrest anywhere in Franklin County, the officer issues an Administrative License Suspension notice under ORC 4511.191 if you refused testing or failed a chemical test. The suspension takes effect at arrest.

You can challenge it in Franklin County Municipal Court. The ALS appeal must be filed within 30 days of the arrest. With the appeal, your lawyer can ask for a stay so you may be able to keep driving while it is pending. Missing the window forfeits your right to contest the suspension, and it cannot be extended. The firm's article on the 30-day ALS appeal deadline explains the hearing.

Because the deadline is counted from the arrest, do not wait for the arraignment to deal with your license. If you need to drive for work, school or treatment during a suspension, the application for limited driving privileges goes through the court and must show the need.

What should you bring to an OVI arraignment?

Bring everything the officer and the jail gave you, plus what your lawyer will need to argue for driving privileges. A practical list:

• the citation or ticket, which shows the charge and court date;
• the ALS notice and any other paperwork about your license;
• your bond or release paperwork;
• a photo ID;
• your work schedule, school schedule and any treatment or medical appointments, to show where you need to drive;
• your lawyer's name and phone number, if you have hired one.

Dress as you would for a job interview, arrive early, and keep your phone silenced in the courtroom.

What comes after the arraignment?

After the arraignment the case moves through the same stages as any OVI case:

• Discovery. The prosecution must hand over its evidence, including police reports, breathalyzer maintenance records, dash-cam footage and witness statements.
• Pretrial motions. Motions can challenge the evidence or ask for dismissal, for example when the stop was unlawful or the tests were not given correctly.
• Resolution. Most cases resolve through negotiation. Trial is an option.

The firm uses that time to investigate the stop, review the body-cam and dash-cam footage against the NHTSA procedures for the field sobriety tests, and check the breath machine's maintenance and calibration records. For the penalties and defenses on a first charge, see first OVI defense in Ohio, and for the full timeline see what happens after an OVI arrest in Ohio.

If you have an OVI arraignment coming up at Franklin County Municipal Court, the firm can appear with you and file the ALS appeal before the 30 days run out. Call Jwayyed Law LLC at (614) 285-5482 or schedule a consultation.