University of Dayton Student OVI & Criminal Defense in Dayton, Ohio
I went to the University of Dayton and received my two bachelor's degrees in criminal justice and psychology. I played rugby and worked at the UD Bookstore. I am a Flyer! I know the Brown Street crowds on a Friday night, the porches of the Ghetto and the Dark Side, and how fast a good night can turn into a citation, an arrest, or an email from the university. When a UD student is charged with a crime or an OVI, I help them and their family protect what matters most: a clean record, a place at school, and a future career.
A charge is not a conviction. It is the start of a process, and there are often more options than a scared student or worried parent realizes at 2 a.m.
Common Charges UD Students Face
- Underage OVI. Ohio law sets a much lower limit for drivers under 21. Under ORC 4511.19(B), a driver under 21 can be charged with a blood-alcohol concentration of at least 0.02 but less than 0.08. At 0.08 or higher, the regular OVI charge applies. I am SFST-certified, which means I am trained in the same field sobriety tests officers use, and I know where those tests go wrong.
- Adult OVI. Students 21 and older face the same OVI charge as any other driver under ORC 4511.19(A).
- Underage possession or consumption of alcohol. Ohio law prohibits people under 21 from buying, possessing, or consuming beer or liquor, or being under the influence in public (ORC 4301.69(E)(1)). It is a first-degree misdemeanor, the most serious level of misdemeanor in Ohio.
- Fake ID. Using a fake ID, someone else's ID, or lending yours out is a first-degree misdemeanor under ORC 4507.30 and 4507.99, and it can create problems in the university process too.
- Open container. Drinking or carrying an open container in public or in a car is a separate offense (ORC 4301.62). It is usually a minor misdemeanor, but it still creates a record and can be raised in the university process.
- Disorderly conduct, noise, and party-related charges. The student neighborhood is part of the City of Dayton and is subject to City of Dayton ordinances, including noise rules.
- Marijuana and drug charges. Ohio's adult-use marijuana law does not protect anyone under 21. Students under 21 can still face marijuana possession charges, and pipes, bongs, and other paraphernalia can bring additional charges. Other drug charges can be much more serious.
- Assault, theft, and other offenses that can follow a night out.
How a Charge Can Affect School, Scholarships, and Careers
A criminal case is only half the problem. The University of Dayton's Student Code of Conduct applies to students on and off campus, and UD's Office of Community Standards and Civility runs its own student conduct process. Campus police forward citations to that office, and the university will generally move its conduct case forward at the same time as the court case. UD does not give students legal advice about criminal charges.
That means one night can lead to:
- A university conduct case with outcomes that can include probation, removal from housing, suspension, or expulsion
- Questions about merit scholarships, athletic eligibility, or school-based financial aid, depending on the terms of each scholarship or program
- Problems with study abroad, internships, and professional programs
- Background-check issues for nursing, teaching, engineering, law, medical, and government careers
What you say in the criminal case can affect the conduct case, and the reverse is true too. I help students plan for both so that one does not hurt the other.
What to Do Right After an Arrest or Citation
1. Stay calm and be polite. Give your name and ID, but you do not have to explain what happened.
2. Do not discuss the case with police, roommates, or on social media or group chats.
3. Keep every paper you were given, including the citation, bond papers, and any university email.
4. Call a lawyer before your first court date and before any meeting with the university.
For Parents
Getting that phone call is hard. Your son or daughter is scared, and you may be hours away. I understand you want two things: to protect your child's future, and to know someone is handling it.
With your student's permission, I keep you informed from the first call to the final result. I explain each step in plain language, tell you what to expect in court and in the university process, and work toward the result that protects their record. Many cases can be handled without your student missing much class, and sometimes without your being in Dayton at all.
The Local Courts
Most of the student neighborhood and the UD campus area are inside the City of Dayton. Misdemeanors, traffic offenses, and OVIs that happen in Dayton go to Dayton Municipal Court, which also holds preliminary hearings for felonies charged in the city. Felony cases move on to the Montgomery County Court of Common Pleas. UD's Department of Public Safety is a sworn police agency with authority on campus and in the surrounding area, and it works with the Dayton and Oakwood police. If the stop or arrest happened in Kettering, the case goes to Kettering Municipal Court. Oakwood has its own Oakwood Municipal Court. I'll tell you exactly where your case is and what happens next.
Frequently Asked Questions
Will my parents find out?
If you are 18 or older, court records are generally public, but I will not share details of your case with anyone without your permission. Many students decide to bring their parents in, and I am glad to help with that conversation.
Will UD find out about an off-campus arrest?
Often, yes. UD police work closely with Dayton police, and the Code of Conduct applies off campus. It is safer to plan for a conduct case than to hope one never comes.
Can this stay off my record?
Many records can be sealed. Under Ohio law, most misdemeanor convictions can be sealed one year after the case is finished, and minor misdemeanors after six months. Dismissed cases can often be sealed sooner. OVI and most traffic convictions cannot be sealed, which is one more reason to fight those charges from the start. No result can be promised, but we look for these options from day one.
Do I need a lawyer for a "minor" charge like underage possession?
A small charge can still show up on background checks and in the university process. It is worth a conversation before you plead to anything.
What if I already talked to the police?
That is common. Do not panic. Call me and we will go over what was said and what it means.
Talk With a Dayton Lawyer Who Knows UD
If you or your student has been charged near the University of Dayton, call Fogt Law at (937) 254-2600. We will talk through what happened, what comes next, and how to protect school and future plans.
Past results do not guarantee a similar outcome in any future case. Fogt Law is not affiliated with or endorsed by the University of Dayton.

