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Cincinatti DUI Lawyers

  • Bradley Hoyt:

    DUI MYTHS

    Myth 1 -You must be drunk to be guilty of DUI. Under one Ohio law, no scientific tests are necessary. This violation is based upon a police officer's observations of your driving, physical appearance, and responses to what are called "field sobriety tests." A second law for which you can be charged is the so-called "per se" violation. In effect this law states, you are not permitted to drive with a prescribed level of alcohol of .08 or more of alcohol in your breath. Blood and urine have different mandated levels. In most instances a "breathalyzer" is used. The government need not introduce any other evidence.

    Myth 2 - You can make it harder to prove you're DUI by refusing to take the breathalyzer. Implied in your right to drive in Ohio is the "implied consent law." This law states every person given the right to drive in Ohio agrees to take a breathalyzer when asked. There are severe penalties for refusing to take the test. But, there may be legitimate reasons for not taking the test. When in doubt consult an attorney.

    Myth 3 - The police can demand I take field sobriety tests and the breathalyzer without consulting an attorney. This is absolutely untrue. You have a right to counsel once you are placed under arrest. You must specifically state you will not take any further tests or answer any questions without consulting an attorney. At that point, the police must stop all questioning or any testing, giving you reasonable time to contact an attorney. But, the police have the right to go forward with a breathalyzer test after giving you reasonable time to contact and consult with counsel. Your refusal to take a test after being given a reasonable amount of time to call an attorney may be considered a refusal to take the test.

    Myth 4 - DUI is merely a traffic violation. I don't need an attorney. A conviction for DUI can be devastating. Beside a fine and jail sentence, a conviction can impact your insurance, employment, and credit. Under the new law, it can cause your vehicle to be confiscated and sold by the state and give you a felony record! Obviously, DUI is NOT a simple traffic offense. Advice of counsel should always be sought.

  • Raymond Faller: The penalties for DWI / DUI/ OVI and refusing a breath test in Ohio are substantial. They include mandatory jail time, fines and loss of driving privileges. If you decide not to consult an attorney and plead guilty to a DWI / DUI/ OVI charge, you might not realize the full impact that decision will have on you until it is too late. In addition to jail, fines and suspension a DWI / DUI/ OVI conviction may lead to:

    * Having to disclose a DWI / DUI/ OVI conviction on job, housing, and financial applications

    * Higher insurance premiums

    * Impact on your Ohio CDL license or your driver's license – revocation and suspension are the most common

    * An inability to expunge the conviction from your criminal record

    * Forfeiture of your vehicle

    * Having to drive with embarrassing yellow license plates that indicate that you have had a prior conviction

    * More serious consequences if you have a subsequent DUI

  • Stephan Madden:

    What is DUI or OVI?
    DUI is shorthand for "Driving Under the Influence." However, it is now known as OVI which stands for "Operating a Vehicle While Under the Influence." A person is guilty of OVI if he or she drives a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired or when his or her blood alcohol level (BAC) is above the legal limit, which is presently .08 in Ohio and Kentucky.


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    Does the car have to be moving for me to be guilty of OVI?
    For the most part, yes. But Ohio now has a separate charge for being in physical control of a vehicle, which is less severe than driving while under the influence. If you find yourself in a situation in which you must pull over to sleep, do not remain in the driver's seat and remove the keys from the ignition.


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    Can I still be in trouble for driving, even if my BAC is below the legal limit?
    Yes. It is also unlawful to drive with your "normal faculties" impaired. "Normal faculties" are those faculties of a person, such as the ability to walk, talk, judge distances, drive and automobile, make judgements, act in emergencies, etc. The standard is whether or not there is enough alcohol in your system to appreciably impair your ability to operate a motor vehicle. Persons who have used some drugs of abuse prior to driving, such as marijuana or cocaine, may have violated the OVI statute even though they have consumed no alcohol and the BAC test would not apply. In cases such as these, police officers have a right to request that you submit to a urine or blood test even if you had already submitted to a breath test. Therefore, you can be marked for refusal even if you submitted to the breath test.


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    Do Miranda Rights Apply to OVI Cases?
    Yes. However, the beginning of the process is often confusing in OVI cases as opposed to normal criminal cases. By the time the Miranda Rights are read to a driver enough information has often been obtained that a phone call to an attorney or remaining silent has lost much of its value. A police officer, on a suspected OVI stop, has a right to investigate to determine if a driver may be OVI. This usually consists of questioning the driver, asking the driver to exit the vehicle, and running the driver through several psychomotor tests designed to determine coordination of that driver. Up to this point, the law does not require that the officer read you the Miranda Rights. Only when he or she has handcuffed a driver or places a driver in custody must he or she read a driver his rights. However, by this time, the police officer may have enough evidence to obtain a conviction. There is nothing improper with asking the officer if you may call an attorney at the time of the stop. When this is refused, you have a choice. It is my opinion that, if the officer won't let you leave, a case could be made that you are under arrest and should be permitted to call an attorney. If the driver refuses to cooperate any further, he would be marked as a refusal but there would be very little evidence to convict the driver. This advice is only recommended for drivers who are obviously over the limit.
    For more information on Miranda Rights see the criminal section of this website.

     

    Do I have to submit to a breath, blood, or urine test?
    No. Whether or not to do so depends on the situation. If you have had 3 or less drinks over a normal period of time, by all means take the test. If you have had 7 or more drinks you are not likely to be below the limit. With 3-6 drinks, whether or not you should take the test depends on the food consumed, length of time since drinking, length of time drinking, your weight, and many other factors. Some drinkers do not know how much they have had to drink. Some single mixed drinks are actually doubles, which count as 2 drinks. A drinker should know his limit and not go past it. Sometimes a call to an attorney from the police station prior to taking the test can be beneficial to determine if you should take the test. Be sure to utilize your Miranda Rights early and ask for privacy when speaking to a lawyer. Be able to honestly tell your lawyer how much you have had to drink and over what period of time. (Keep in mind, however, that the above guidelines cannot be relied upon all the time and in every situation. This is intended for informational purposes only).

    You should also know that the laws in most states permit the Motor Vehicle Department to suspend your privilege to drive. Your refusal to submit to a test upon the request of a law enforcement officer is admissible in any criminal proceeding against you as evidence of your consciousness of guilt. By accepting the privilege extended by the law of most states to drive, the Courts have determined that you have given your consent to submit to an approved chemical or physical test of your breath for the purposes of determining your BAC, and to urine or blood test for the purpose of detecting the presence of drugs. Therefore, when you sign your name on your license, you are saying that at a stop for a possible OVI you will accept to take the test. However, you do not have to.

    In addition, the police officer will tell you that if you do not take the test you will lose your license for one year in Ohio. This may or may not be true. The minimum suspension is 6 months and, if you end up pleading no contest or guilty to the charge, the refusal does not have to be considered a refusal by the Court for sentencing purposes. The Judge could suspend your license for 6 months on the first offense and, depending on the Judge, a 6 month suspension will often be imposed even for arrestees who refuse the test as long as they plead guilty or no contest. However, the police officer will not tell you this. Keep in mind, a refusal will result in a 1 year driving suspension.

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    If I am arrested for a OVI, will I lose my license?
    Yes, the law enforcement officer will seize your license if you are arrested for OVI with an unlawful BAC or after you refused to submit to a chemical or physical test. Your license will be seized, and the officer will issue you a traffic ticket, which acts as both a temporary driver's license and as your notice of suspension.

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    How long will I lose my license?
    This will vary from state to state. However, if you have refused to submit to a chemical or physical test, your license will likely be suspended for a period of 1 year for the first refusal. Those convicted of first time OVI must receive at least a 6 month suspension and will usually be granted work privileges after 15 days. Those convicted of a second OVI within a 6 year period must receive at least a 1 year suspension and may be granted work privileges after 30 days.

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    What else will happen to me?
    This varies from state to state. In Ohio, you must receive 3 days as a first offender, 10 days as a second offender and 30 days as a third offender (multiple convictions within 5 years). However, if you get a BAC over .17 these penalties go up to 6 days, 20 days and 60 days respectively. This is usually served in some type of alcohol treatment program and the days must be served consecutively. High tier tests (over .17 BAC) will result in a combination of treatment and jail. You will also receive 6 points on your license. 12 points in a 2 year period will also result in a suspension of 6 months. At the end of any suspension in Ohio, you must pay a reinstatement fee to be able to drive again even after the suspension is completed, or you will be under another suspension. Furthermore, your insurance company may discontinue your coverage or at the very least assign you to a high risk category resulting in a substantial increase in your premiums.


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    Can I fight my DUI arrest?
    Yes. Sometimes evidence can be suppressed. Sometimes you can try the case to a Judge or a jury if the evidence against you does not appear to be strong enough. You may also request a hearing with regard to your license suspension. Even a case that is probably unbeatable can benefit from a good lawyer who may be able to obtain a minimum sentence.

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    Is there anyway to avoid a DUI?
    It sounds simple, but don't drink and drive. Take a taxi, designate a driver, walk, call a friend, but no matter what, do not drink and drive. However, if you do and are stopped, call an attorney as soon as possible back at the police station and before you submit to the tests.

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  • Steven Adams: Driving under the influence, driving while intoxicated, drunk driving, and operating a vehicle while intoxicated, are all terms used to describe a relatively common criminal charge. An arrest for DUI can be a frightening experience. Take control of the situation by choosing an attorney who understands DUI defense and is not afraid to fight for you. An arrest for DUI or OVI or DWI often comes after either a field sobriety test, or a breathalyzer test is failed. A blood alcohol content of .08 or higher is considered above the legal limit.
  • Geoffrey Pittman:

    4511.19 Driving while under the influence of alcohol or drugs

    1. No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply:
      1. The person is under the influence of alcohol, a drug of abuse, or a combination of them.
      2. The person has a concentration of eight-hundredths of one per cent or more but less than seventeen-hundredths of one per cent by weight per unit volume of alcohol in the person's whole blood.
      3. The person has a concentration of ninety-six-thousandths of one per cent or more but less than two hundred four-thousandths of one per cent by weight per unit volume of alcohol in the person's blood serum or plasma.
      4. The person has a concentration of eight-hundredths of one gram or more but less than seventeen-hundredths of one gram by weight of alcohol per two hundred ten liters of the person's breath.
      5. The person has a concentration of eleven-hundredths of one gram or more but less than two hundred thirty-eight-thousandths of one gram by weight of alcohol per one hundred milliliters of the person's urine.
      6. The person has a concentration of seventeen-hundredths of one per cent or more by weight per unit volume of alcohol in the person's whole blood.
      7. The person has a concentration of two hundred four-thousandths of one per cent or more by weight per unit volume of alcohol in the person's blood serum or plasma.
      8. The person has a concentration of seventeen-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person's breath.
      9. The person has a concentration of two hundred thirty-eight-thousandths of one gram or more by weight of alcohol per one hundred milliliters of the person's urine.
    2. No person under twenty-one years of age shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply:
      1. The person has a concentration of at least two-hundredths of one per cent but less than eight-hundredths of one per cent by weight per unit volume of alcohol in the person's whole blood.
      2. The person has a concentration of at least three-hundredths of one per cent but less than ninety-six-thousandths of one per cent by weight per unit volume of alcohol in the person's blood serum or plasma.
      3. The person has a concentration of at least two-hundredths of one gram but less than eight-hundredths of one gram by weight of alcohol per two hundred ten liters of the person's breath.
      4. The person has a concentration of at least twenty-eight one-thousandths of one gram but less than eleven-hundredths of one gram by weight of alcohol per one hundred milliliters of the person's urine.
  • Donovan Law:

    DUI-DWI Law

    How DUI/DWI Laws in Ohio and Kentucky Affect You.

    Most people are familiar with the term "DUI" (driving under the influence), but this offense may also be called driving while intoxicated(DWI), operating under the influence (OUI), or operating a motor vehicle while intoxicated (OMVI).

    Here are some commonly asked questions:

    Q. Under what circumstances can I be arrested and convicted of DUI?

    A. If you are unable to operate a vehicle safely as a result of being impaired by alcohol, illegal drugs, prescription medications (e.g. painkillers) or over-the-counter medications (e.g. antihistamines); or if you are operating a vehicle above the state's set blood-alcohol concentration (BAC).

    Q. What is a field sobriety test?

    A. If you are stopped by a police officer and it is suspected that you may be intoxicated, the police officer will conduct what are know as "field sobriety" tests on you. These tests are designed to help an officer determine whether or not you are intoxicated based on the officer's assessment of your physical or cognitive ability. These on-site tests typically include one or more of the following physical agility exercises:

    - Horizontal Gaze Nystagmus (HGN) - You must follow officer's penlight with your eyes.

    - Walk and Turn - The officer will require you to walk a certain distance and turn around heel-to-toe.

    - Standing on One Leg - The officer will require you to raise one leg while counting aloud.

    - Finger to Nose - You will be required to bring your index finder to your nose with your eyes closed.

    - Rhomberg Balance Test - You will be asked to stand still with your head tilted back.

    Q. What is an implied consent law?

    A. Both Kentucky and Ohio have "implied consent" laws that require you to submit to some form of chemical test (whether it be a breath, blood or urine test) to measure BAC if you are suspected of a DUI. These implied consent laws are based on the logic that all drivers give consent to DUI testing by driving on state roads and highways.

    You should also know that the United States Supreme Court has held that a police officer may require you to submit to a blood test (without your consent or a warrant) so long as the police officer has probable cause to believe that you are under the influence. In both Ohio and Kentucky there are penalties for refusing to take some form of BAC test. Both states will allow you to choose the type of test (blood, alcohol or urine) you take. You should remember, though, that if you refuse to submit to a BAC test and are ultimately convicted of a DUI, your refusal to submit to the chemical test may further enhance any penalties you may face.

    Q. What does "Per Se Intoxication" mean?

    A. If your BAC is at or above the state limit of .08%, you will be deemed "per se intoxicated" and no additional proof of impairment is needed to be convicted of a DUI. However, you should know that you can still be arrested and convicted of a DUI without this determination.

    The National Highway Traffic Safety Administration (NHTSA) has developed 20 signs to assist police officers in detecting drunk drivers. These signs include weaving, speed more than 10 miles below the legal limit, making wide turns, braking erratically, and/or following another vehicle too closely.

    Q.What criminal and driving privilege penalties am I facing for a DUI?

    A. If you are convicted of a DUI, the criminal penalties are discretionary, but may include fines, jail time, probation and community service. The severity of the penalty depends on many aggravating factors, such as:

    - Whether or not you have had any prior DUI violations.

    - Whether you had a child in the vehicle with you when you were stopped.

    - Whether your DUI conviction involved a car accident that resulted in property damage or injury/death to another person.

    Also, you should know that a DUI conviction affects your driving privileges, and may include suspension of your license (usually by the DMV), confiscation or impoundment of your car, administrative costs and mandatory alcohol education and treatment programs. Additionally, if you are convicted of a DUI in Ohio, you may be required to install an "ignition interlock" device on your vehicle which measures you BAC (based on breath) and prevents you from operating your car if more than a minimum amount of alcohol is detected.

    Q. How can I avoid a DUI?

    A. Simply put, don't drink and drive. Use a designated driver, walk, call a friend, or take a taxi. The only way to avoid a DUI is to not drink and drive.

    Q. What happens if I am pulled over and I am under the legal limit?

    A. You may still be in trouble if your normal faculties are impaired. See an attorney to discuss your particular situation.

  • James Arnold: Criminal cases move quickly. If you have been issued a ticket, charged, indicted, or arrested, you have the right to have your attorney present during ALL questioning by police and at EVERY court proceeding.
  • Cahty Cook: Arraignment is the first stage of courtroom proceedings to take place after the arrest and booking of a criminal defendant, during which time a criminal defendant is formally charged before a criminal court judge and asked to enter a plea to the criminal charges. During a typical arraignment, the judge will also decide whether to set or alter bail, and announces dates of future proceedings in the case (e.g., preliminary hearing and trial).
  • Alan Sirkin: If you have been charged with DUI (driving under the influence) in Cincinnati, Ohio or the surrounding areas, it is in your best interests to hire an attorney as soon as possible to protect your rights. These cases are often complex...
  • M J Donovan: When a jury trial is held, certain rules and procedures must be followed, including: There must be at least six jurors; juries usually range between six and twelve members. Non-unanimous jury verdicts are permissible, though not in felony and death penalty cases. This is also generally not allowed when the jury has only six members. The accused has a right to an "impartial" jury. This means, for example, that jurors in potential death-penalty cases may not be excluded because they have scruples about the death penalty, unless asked if they could consider its imposition in some cases. There can be no exclusion of identifiable racial or ethnic groups, or one sex. Virtually any issue that can enhance the maximum sentence (sometimes called "aggravating circumstances") must be decided by the jury. Consideration of mitigating and aggravating factors in connection with the death penalty usually must be decided by the jury as well.
  • Jay Clark: Must a police officer always advise a person of their Miranda rights before asking a question? No. The Miranda warning is only in effect during a custodial interrogation. This means the person being questioned is in custody or in an environment in which the person does not believe they are free to leave.
  • Matthew Ernst: More than likely, you will be given a jail term. Most states require a mandatory one-night stay on the first offense. In addition, most second offenses within five years, results in a mandatory 30 day jail term and a third offense usually results in a sentence of no less than ninety days. Furthermore, your insurance company may discontinue its coverage or at the very least, assign you to a high-risk category, resulting in a substantial increase in your premiums.
  • Jeffrey Meadows: The person is under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse. This section is based entirely on the police officerÕs observations: (for example) . Driving or evidence thereof; . Odor of alcoholic beverage on/about the person; . Speech (slurred, slow & deliberate); . admissions of drinking alcoholic beverages; . eyes (bloodshot & glassy) and the Horizontal Gaze Nystagmus (pen test); . balance Ð unsteadiness or staggering and Standardized Field Sobriety Tests: Walk & Turn, and One Leg Stand; . Other general observations Ð open beer cans in vehicle, vomit on clothing or car, being passed out in parked car, mood swings, being argumentative, etcŠ
  • Shuh & Goldberg:

    What should you expect from a criminal defense attorney?

    1. A lawyer who promptly returns phone calls and schedules appointments on an emergency basis, if necessary.
    2. A lawyer who carefully listens and obtains all of the necessary facts and information about your case.
    3. A lawyer who has courteous and professional support personnel and staff, including secretaries, paralegals, and investigators.
    4. An attorney who will investigate the case, research the law, file appropriate motions, make required court appearances, take the case to trial, and defend your rights under the Constitution and the law.
    5. An attorney who charges a fair and reasonable attorney fee, and enters into a firm agreement with you with respect to the lawyer fees and expenses.
    6. A lawyer who will answer all of your questions.
  • Raymond Faller: Traditionally known as drunk driving, driving under the influence of alcohol (DUI), or driving while intoxicated (DWI), operating a vehicle while under the influence (OVI) is being treated with increasing seriousness in Ohio and other states. An OVI conviction today can have major consequence ranging from loss of income to loss of property and livelihood. If ever you find yourself facing OVI charges, be sure to retain an experienced and knowledgeable attorney.
  • Taliaferro, Mehling, Shirooni, Carran & Keys: DUI-DWI Law - A cultural stigma has become associated with drunk driving that was not present in our society even a decade ago. Public perception categorizes people charged with drunk driving as criminals, even before they have been convicted of any crime. Being arrested for drunk driving, driving under the influence (DUI), or driving while intoxicated (DWI) can be an unsettling proposition, to say the least. A DUI - DWI conviction in Kentucky or Ohio carries with it heavy penalties, including:

    If you have been arrested or accused of drunk driving, DUI, DWI, vehicular homicide, or any other alcohol-related criminal offense, you are probably frightened, confused, and concerned about your future and that of your family. The selection of an experienced attorney is the first step towards regaining control of your life.

  • Matthew Ernst: You can be arrested for DUI by driving while over the legal BAC in your state or while impaired. But, you need not actually operate the car in order to be arrested. You can still be found guilty if you had the capability and power to dominate, direct, or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in actual physical control of the car.
  • Kelly Farrish: DUI? Even if you are guilty of driving under the influence, you STILL need an attorney.
  • Rendigs, Fry, Kiely & Dennis: Responsible individuals who recognize they have consumed too much alcohol, and properly decide not to drive an automobile, often find themselves facing prosecution and conviction for driving under the influence by their mere presence behind the wheel of a motor vehicle. Despite the name of the offense and the acronym, the "DUI", the question is not whether the individual was necessarily driving, but whether the vehicle was being operated or, more importantly, whether the vehicle was capable of being operated.
  • James Schimanski: If you are facing charges of DUI in Ohio, you need a Lawyer with the experience and knowledge to protect your rights and interests. Being arrested and charged with a DUI can be a fearful and humiliating process. Many people including some criminal defense lawyers, believe that if there is a chemical tests which indicates a prohibited alcohol content or the police claim the driver failed the the roadside field sobriety tests the case is not winnable, and the accused should plead guilty. This is the wrong.
  • Young, Reverman & Napier: State legislatures, law enforcement agencies and the public have all declared war on drinking and driving by passing recent legislation which enhances the penalties for DUI offenses. For example, the director of the Ohio Department of Public Safety has described the new DUI laws and their penalties as 'SWIFT AND SURE" and are the toughest yet on drunk drivers. These penalties include not only incarceration and fines, but also impoundment and immobilization (and possibly forfeiture) of the vehicle, immediate suspension of your license at the time of the arrest and increased reinstatement fees for the reinstatement of your license through the Bureau of Motor Vehicles.
  • Stephen Madden: You can be arrested for DUI by driving while over the legal BAC in your state or while impaired. But, you need not actually operate the car in order to be arrested. You can still be found guilty if you had the capability and power to dominate, direct, or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in "actual physical control" of the car.
  • Charles Strain: Practice limited almost exclusively to DUI cases. Return to Ohio DUI Lawyers