On Monday, October 6, 2025, the Ohio Board of Professional Conduct recommended a two-year, fully stayed suspension for attorney Brian Nicholas Gernert. The recommendation stems from Gernert’s third OVI conviction, a violation of Ohio Rules of Professional Conduct, specifically Prof.Cond.R. 8.4(h), which prohibits conduct that adversely reflects on a lawyer’s fitness to practice law.
The case is entitled “In the Matter of Brian Nicholas Gernert,” with case number 2025-006.
The board’s recommendation follows a hearing held on August 29, 2025, before a three-member panel. Gernert, who was previously suspended in May 2024, for similar misconduct, stipulated to the facts, rule violations, aggravating and mitigating factors, and the proposed sanction.
The recent OVI incident occurred on August 10, 2024, when a witness observed Gernert driving erratically in Venice Township. The witness reported that Gernert’s vehicle drove off the road, went airborne, rolled, and landed in a field. Responding officers noted Gernert’s impaired state and detected a strong odor of alcohol. Gernert admitted to consuming “at least a 12-pack.” A subsequent blood alcohol analysis revealed a level of 0.328 g/21 OL, more than four times the legal limit.
Following the August 2024 incident, Gernert was charged with OVI and OVI Refusal. He pleaded guilty on November 22, 2024, to high-test OVI per se. The court sentenced Gernert to 120 days in jail, with an additional 240 days conditionally suspended, and imposed a five-year probation term, an eight-year driver’s license suspension, and the requirement to use a SCRAM device for two years.
The Board’s recommendation includes several conditions for the stayed suspension. Gernert must continue compliance with the Ohio Lawyers Assistance Program (OLAP), complete three hours of Continuing Legal Education (CLE) focused on alcoholism, substance abuse, or mental-health issues, adhere to the terms of his criminal sentencing and probation, undergo a two-year period of monitored probation, pay the costs of the disciplinary proceedings, and refrain from further misconduct.
Aggravating factors in the case included Gernert’s prior disciplinary offenses. However, the board also recognized several mitigating factors, including Gernert’s full disclosure and cooperative attitude, his character and reputation, the absence of dishonest motive, the imposition of other penalties, and the existence of a diagnosed substance abuse disorder. The board acknowledged Gernert’s successful completion of inpatient and outpatient treatment programs and a prognosis from a qualified professional indicating his ability to return to ethical practice under specified conditions.
The board emphasized the importance of protecting the public from lawyers unfit to practice law, while also acknowledging Gernert’s commitment to recovery. The recommended sanction aims to balance these considerations, supporting Gernert’s ongoing recovery while ensuring public safety.
According to Avvo, Mr. Gernert is a business lawyer in Bucyrus, OH. He acquired his law license in Ohio in 2012.
A copy of the original filing can be found here.
