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
Return to Ohio DUI Lawyers