First and foremost, does the OVI lawyer know the current Ohio OVI law? Don't be afraid to ask an attorney you are interviewing when Ohio's OVI laws were last changed, modified or revised. At the time of this Comment, the most recent change was 09/30/08. Has the attorney actually read the revised statute from begining to end (Ohio Revised Code section 4511.19). Ask if they have attended any recent seminars that included a review of the current version of the law. And finally, ask what are the mandatory sentencing provisions that would apply to you, if convicted.
Next, ask the potential attorney how many OVI cases they handle a year( both overall and how many in the court you will be in). While a large volume is not necessarily indicative of their ability, it certainly lends itself to familiarity with the law, the Court and the prosecutor that you may be dealing with.
Is the attorney willing to "fight" for you?
Another good fact to know is how many OVI trials has the attorney done. When was the last time they tried a OVI to a JURY??? It's easy for attorneys to say "I handle OVI's," but the fact is, the number of attorneys who actually fight them, especially all the way through trial, is VERY small. When was the last time the attorney you are considering "put on the armour and went to batlle"?
If your case invovles a breath test, is the attorney you are considering telling you right away that he/she will work on getting you the minimum mandatory sentence? Or is the attorney asking questions about your drinking history on the night you were charged, your food consumption, do you have G.E.R.D., how many times did you have to blow into the breathylizer? There are many approaches to actually fighting a breath test and the attorney you choose should be familiar with the breathylizer you blew into, how it works and the various possible defenses you may raise.