On Thursday, February 19, 2026, the Supreme Court of Ohio suspended Attorney Brian Nicholas Gernert from the practice of law for two years, with 18 months of that suspension conditionally stayed. This disciplinary action stems from Gernert’s third operating a vehicle while intoxicated (OVI) offense and will run consecutively to a previous two-year suspension imposed in October 2024.
The case is entitled “In the Matter of Brian Nicholas Gernert,” with case no. 2025-1322.
Gernert had previously been disciplined on May 23, 2024, when the Supreme Court imposed a two-year conditionally stayed suspension for alcohol-related misconduct. That prior case involved two OVI convictions and his failure to appear in a municipal court case due to intoxication. The conditions of that stay required him to comply with the terms of his Ohio Lawyers Assistance Program (OLAP) contract and his criminal probation.
However, less than three months into that previous stayed suspension, Gernert was charged with a third OVI offense in August 2024. This violation prompted disciplinary counsel to file a motion to lift the prior stay, arguing Gernert had breached its conditions. On October 31, 2024, the Supreme Court revoked the stay, ordering Gernert to serve the full two-year suspension from the May 2024 decision.
The incident leading to the current disciplinary action occurred on August 10, 2024. While serving as the Bucyrus law director, Gernert was observed driving erratically on State Route 4 in Venice Township. A witness followed him for several miles, observing his vehicle leave the road, enter a ditch, roll, and land in a field before calling 9-1-1. A Seneca County sheriff’s deputy, who knew Gernert, responded and noted his inability to maintain balance, a strong odor of alcohol, and Gernert’s admission of consuming “at least a 12-pack.” Gernert refused a breathalyzer test, but a subsequent warrant-obtained blood test revealed a blood-alcohol level of 0.328 grams, more than four times the legal limit.
Gernert was initially charged with two first-degree misdemeanor traffic offenses, OVI and OVI refusal. He was arraigned on August 12 and released to his father for immediate transport to an inpatient treatment facility. He began a 30-day inpatient program and later completed an intensive outpatient program and a 12-week aftercare program. He resigned from his position as Bucyrus law director effective October 1, 2024. On October 18, he was separately charged with high-test OVI per se, to which he pleaded guilty, leading to the dismissal of the other charges.
On December 16, the Tiffin-Fostoria Municipal Court sentenced Gernert to 120 days in jail, with credit for 30 days served in inpatient treatment. The court also imposed an additional 240 days, conditionally suspending that portion on his compliance with a five-year probation sentence. Probation terms included an eight-year driver’s license suspension, a prohibition against alcohol and drugs, drug-and-alcohol assessments, random testing, attendance at three Alcoholics Anonymous meetings per week, and wearing a Secure Continuous Remote Alcohol Monitor (SCRAM device) for two years.
In a May 2025 complaint, the relator alleged that Gernert’s August 2024 OVI offense adversely reflected on his fitness to practice law, violating Prof.Cond.R. 8.4(h). Gernert admitted to the misconduct. The Board of Professional Conduct found one aggravating factor—his prior disciplinary offenses—and several mitigating factors, including no dishonest motive, full disclosure, cooperation, evidence of good character, other penalties, and a diagnosed severe alcohol-use disorder that contributed to his misconduct, for which he completed an approved treatment program. As of August 29, 2025, Gernert had been sober for over a year, his longest continuous period, and was compliant with treatment aspects of his OLAP contract and criminal probation.
The Supreme Court adopted the board’s findings of misconduct. While the board recommended a fully stayed suspension, the court determined that a greater period of actual suspension was necessary to underscore the seriousness of Gernert’s repeated violations and to allow him to focus on his sobriety without the added stress of practicing law. The two-year suspension with 18 months stayed will run consecutively to his existing two-year suspension.
Upon reinstatement, Gernert will serve two years of monitored probation. The conditions for the stay include continued compliance with his OLAP contract, completion of three hours of continuing legal education focused on substance abuse, compliance with his criminal sentence and probation terms, payment of proceedings costs, and no further misconduct. Failure to comply with any condition will result in the revocation of the stay and require him to serve the full two-year suspension.
According to Avvo.com, Mr. Gernert is a business attorney in Bucyrus, Ohio. He acquired his law license in Ohio in 2012.
A copy of the original filing can be found here.
