Cincinatti DUI Lawyers
- McKenna, Timothy:
An arrest for OVI or DUI can have far-reaching consequences. To protect your rights, your freedom, and your driver's license, you need a capable defense attorney.
- Arnold, James:
Being arrested for drunk driving can be an intense and humiliating experience. You will be faced with important decisions, the consequences of which may last a lifetime. It is crucial to consult with an experienced OVI / DUI defense attorney who is ready to aggressively defend your rights and reputation.
- Laufman, Jensen & Napolitano:
Ohio's DUI laws (now called OVI) are far more complicated than most people are aware. First and foremost, most people make mistakenly believe that they must be ÒdrunkÓ to be convicted of DUI. Nothing could be further from the truth. The State needs only prove that your ability to operate a motor vehicle was impaired by alcohol, drugs, or some combination of both. There are actually more than a dozen difference ways to be convicted of DUI. There are three general DUI laws which everyone should understand. The first is the Òcatch-allÓ concept of Driving Under the Influence which requires no breath or chemical test at all and is based simply upon an officers observations of a defendant. The second is Driving With a Prohibited Level of Alcohol in the Breath, Blood, or Urine. This law can convict someone of DUI without any proof of the alcoholÕs impact upon your ability to drive. Finally, the newest DUI laws now cover Drugged Driving where a citizen can be convicted of a DUI based upon levels of drugs in their blood or urine without any proof that the drugs are actually in effect at the time or their driving. Each of these laws is discussed in greater detail below.
Driving Under the Influence
The first law, states it is illegal to drive while under the influence of alcohol, drugs or both. No scientific tests are necessary and, ordinarily, 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 series of tests prescribed to test your mental and physical abilities. Generally, a conviction of this law is based upon testimony of the arresting officer and other witnesses who had an opportunity to observe you.
Driving with a Prohibited Level of Alcohol in your Breath, Blood or Urine
The second law for which you can be charged is the so-called "per se" violation. This law states that you are not permitted to drive with a certain level of alcohol in your breath, blood, or urine regardless of the impact it may or may not have upon your ability to operate a motor vehicle. This is the law in Ohio that mandates you can not drive a vehicle with a level of .08% or more of alcohol in your breath. All the government needs to convict you is evidence of scientifically valid test. A breathalyzer device is the most common test used.
Drugged Driving
Ohio has become one of only a handful of states to pass Òper seÓ DUI laws for drugs. These new ÒDrugged DrivingÓ laws operate much like the prohibited levels of alcohol but apply only to drugs and must be measured by either blood or urine. The most startling effect of these new laws is that they cover drug metabolites as well as the drugs themselves. Metabolites are the chemicals left behind by drugs after they are no longer active in the body. Marijuana for example effects the mind for only a few hours but its metabolite stays in the body for weeks. You can actually be convicted of DUI days or weeks after the effects of a drug have worn off.
Effect of a Conviction of Either of These Laws
The penalties for being convicted of DUI can be quite severe. Every DUI has mandatory penalties which anyone convicted must receive. The mandatory minimum penalties are controlled by the number of DUI convictions within the last six years though certain laws now look back twenty full years. The following chart outlines the possible and mandatory penalties. Note the mandatory jail time required and mandatory license suspension:
No. of Offenses within 6-Years Possible Jail Time Mandatory Jail Time Possible Fine Driver's License Suspended for: Possible Occupational Driving Privileges After:
1st Offense 3-days to 6-months 3-days $250-$1000 6-months to 3-years 15-days
2nd Offense 10-days to 6-months 10-days $350-$1500 1 to 5 years 30-days
3rd Offense 30-days to 1-year 30-days $550-$2500 2-10-years None
4th Offense or more 60-days to 6-months 60-days $750-$10,000 3-years to Life None
High Tier DUI
Ohio also now has ÒHigh TierÓ or ÒHigh TestÓ DUI. The typical legal breath limit is .08%. However, Ohio has now set .17% as a high tier DUI. There are two primary impacts of testing over this higher level. First, the mandatory jail time listed above doubles. Second, you would be required to obtain restricted DUI license plates even for a first offense.
There are other costs in addition to the mandatory jail time and fines which can be equally devastating. These include court costs, increased liability insurance rates, employment problems, and professional counseling fees.
Administrative License Suspension
Ohio law requires that your right to drive be immediately suspended, without trial, under certain circumstances. Your license can be immediately suspended if you refuse to participate in the taking of a sample of your breath, blood or urine. If you agree to subject yourself to testing, your license will be immediately suspended if the test shows an alcohol level above those permitted for breath, blood, or urine. Therefore, if you take a breathalyzer test and the test shows an alcohol level of .10 or greater, your license will be immediately suspended.
Impoundment, Immobilization and Seizure
In addition to the sever penalties and license suspension, Ohio law mandates the immobilization, seizure, and possibly forfeiture of your vehicle. The following chart outlines this effect:
No. of Offenses in 5-Years Impoundment of Plates Immobilization of Vehicle Vehicle Forfeiture Immediate Vehicle Seizure
1st Offense No No No No
2nd Offense 90-Days 90-Days No Yes
3rd Offense Yes Yes Yes Yes
4th Offense or more Yes Yes Yes Yes
A conviction for DUI can have a devastating effect. Beside the penalties involved, a conviction can affect your insurance, employment, and family. A DUI is not a simple traffic offense. Advice of counsel should always be sought.
- Timothy Deardorf:
When you are arrested for DUI/DWI/OVI, your license is automatically suspended until your first hearing. At that hearing, you will need to show cause that you should be eligible for driving privileges after the initial 15-day license suspension. If you are convicted of a DUI, there is a mandatory 6-month suspension of your driver's license.
- John Sinclair:
A DUI can be charged a number of ways:
ÊÊÊFirst, a breath, urine, or blood test which is .08 BAC or
greater, OR, even where there is no breath, urine, or blood
test, but where the police officer observed your conduct and
can testify that your driving was impaired as a result of
alcohol or other drug of abuse. The DUI statute is very
complex,(Ohio Revised Code 4511.19) and anyone charged
with a DUI is advised to seek the assistance of an
experienced DUI lawyer.
Probable Cause to Stop:
ÊÊÊDid the police have probable cause to stop your car? If the
police stopped you for speeding but the officer did not
properly use his laser device, your DUI could be dismissed
after a suppression of evidence. Depending on the facts in
your case, a DUI attorney may be able to challenge the
allegation of speeding and make an argument like the one
found in Upper Arlington v. Limbert Êor Cincinnati v.
Branch.
If the police officer did not have a proper reason for
stopping your car, then the DUI case might be thrown out
of court following a successful motion to suppress the
evidence. A trained DUI attorney may be able to present an
argument like the one presented in State v. Bressler.
Should I take the breath test?
ÊÊÊIf you do not take the breath test, the prosecution will
likely have a more difficult time proving you are guilty.
Therefore it is often a good idea to not take the breath test.
But keep in mind that even when you refuse a breath test
and win the case, you can still receive a driver's suspension
for your refusal if the police officer had a reasonable cause
to ask you to take the breath test. ÊAlso, penalties may Ê
increase if you refuse the test. ÊEach situation is different, so
it is often important to speak with an attorney to answer
this question.
Dismiss the Breath Test?
ÊÊÊIt is possible to get the breath test dismissed by the judge.
ÊIn many situations our office will file a motion to suppress
the breath test. This means we are asking the court to
dismiss the breath test because the police officer failed to
follow the proper procedures and regulations when he
operated the breath machine.
ÊÊÊIt is also possible to get the judge to dismiss the field
sobriety tests if the police officer did not follow the correct
procedures. ÊEach field sobriety test has to be conducted in a
certain way, and if the police officer did not conduct the test
properly, these tests can be suppressed. The National
Highway Traffic Safety Administration administers
regulations that govern field sobriety testing. An
experienced DUI attorney will be familiar with these
regulations.
- 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?
- A lawyer who promptly returns phone calls and schedules appointments
on an emergency basis, if necessary.
- A lawyer who carefully listens and obtains all of the necessary
facts and information about your case.
- A lawyer who has courteous and professional support personnel
and staff, including secretaries, paralegals, and investigators.
- 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.
- 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.
- 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.
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