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Cleveland DUI Lawyers

1. Turbow, Lawrence: Arrested for drunk driving? Is there any defense to a DUI charge, or should you should just pay your fine and wait for the matter to blow over? In Ohio, DUI means a mandatory three-day jail sentence. If you are a pilot, drive a van or bus or are a commercial truck driver, a DUI conviction will mean the loss of your livelihood. Before you make a decision, talk to an attorney with experience in DUI/DWI cases. Contact a lawyer about DUI charges Drunk driving is referred to as operating a vehicle while intoxicated (OVI), driving under the influence of alcohol (DUI) or operating a motor vehicle while under the influence, impaired or intoxicated (OMVI). There are effective DUI defense strategies.
2. Margolis, Daniel: What is a bond? Answer: Generally speaking, there are three different types of bonds. The first type is a personal bond which requires the client only to sign a form and does not require any money. There is also a cash bond where the client puts up the amount of cash required and this is returned, minus some court fees, etc..., if the client shows up at all the hearings. Some courts will also accept real property (homes, real estate) in lieu of cash. Third is a surety bond where the client pays a bondman ten percent of the total amount of the fee. The bondsman keeps this money and does not return it to the client at the end of the case.
3. Eichorn, Phillip: Drunk driving is a serious charge in Ohio that can lead to extremely negative consequences including jail time, heavy fines, license revocation or suspension, and loss of current or future employment. If convicted under the Ohio Revised Code, even a first time offender is subject to three days in jail. Sometimes, instead of the jail time, offenders can be serve their three days by attending a driver's intervention program. If you test at high level of alcohol and are convicted, you must spend three days in jail and attend the driver's intervention program. The next biggest concern of most people charged with DUI is "when can I drive again?" The length of your suspension depends on the charges against you and your DUI history. In some cases, you can obtain limited driving privileges for work, school and/or medical issues. If you refuse the breath test, your license will be administratively suspended for one year. Aggressive and diligent representation requires the personal inspect of all the evidence in the case, including but not limited to the police report, the videotape and the Breathalyzer/breath test. It is critical to review all of this evidence as some of it can be excluded from the court proceeding. Additionally, all possible defenses for your case must be analyzed.
4. Levin, Dennis: Many people wrongly believe that a DUI or DWI charge is not a serious crime. The truth of the matter is that more people go to jail for an alcohol related crime than for any other crime! Recent statistics show that more than 1.5 million drivers are arrested for driving under the influence of alcohol or narcotics each year. With harsher laws being passed every year, judges are coming down harder on those convicted of these offenses. In addition to jail sentences, you can lose your driver's license for long periods of time, even for the rest of your life. The cost for community service, probation, alcohol programs, re-education programs, driving schools, interlock devices and other court-ordered punishments can reach thousands of dollars! Insurance will either be canceled or the premium will be astronomical. An alcohol related driving conviction can affect you for the rest of your life! If you or one of your friends or loved ones is facing an alcohol related driving offense (DUI / DWI / OVI) you need a lawyer who knows your concerns and who will fight for your rights.
5. Martinez, Hector: The biggest concern of the majority of people after they have been arrested for drunk driving is, "When will I be able to drive again?" Under Ohio law, there is a mandatory administrative suspension of your driver's license for a minimum of 90 days if you are arrested for DUI or OVI, and test above the legal limit. If you refused the breath test, your driverÕs license will be administratively suspended for a minimum of one year.
6. Harvey Bruner: contest a DUI arrest on the basis of one or more of the following aspects of the arrest: ¥ The traffic stop: was there probable cause? ¥ The sobriety test: was it given in a manner that protected the suspect's legal rights? ¥ The breathalyzer results: were they certifiably reliable?
7. Sidoti & Sidoti: NEW TEEN DRIVING LAW TAKES EFFECT THIS WEEK A new Ohio law that places additional restrictions on teenage drivers will take effect this week. The law, which provides that teen drivers may carry only one passenger at a time who is not a family member, takes effect on Friday. The law also limits the nighttime hours that teens may drive. Some law enforcement officials question whether the law will result in more inexperienced drivers on the roads since they cannot ride together.
8. John Fatica: Under current Ohio DUI law, a police officer can confiscate your driver's license for suspicion of driving under the influence, and you can face up to a ninety day automatic license suspension for your first offense of having a blood alcohol level of .08%. DUI, or OVI, penalties in Ohio are among the strongest in the U.S. If you've been arrested for DUI, or a related driving offense, you can't afford to hope that your defense attorney will get things right for you. You need to know that you are relying on experience and knowledge.
9. Thomas McGuire: Each legal matter is unique
10. Bernard & Haffey: A criminal defendant has a right to represent herself during criminal proceedings. Self-representation is a right afforded in both state criminal proceedings and federal criminal proceedings. The defendant has a right to represent herself and that right is implied within the purview of the Sixth Amendment to the United States Constitution. Self-representation is also referred to as pro se defense.
11. Summers & Vargas: Criminal Law The defense of persons accused of committing Federal and State statutes and Municipal ordinances, both as to guilt or innocence and as to ensuring reasonable and fair sentencing if conviction occurs.
12. Joseph Bolek: Defense of DUI, OVI, Traffic and other Criminal, Felony and Misdemeanor Offenses Regarding Driving under the Influence (DUI and OVI) did you know that it is not against the law in Ohio to drink and drive? It is only against the law to drink and drive while having a blood alcohol count of .08% or higher. Did you know that you do not have to submit to a Field Sobriety Test (FST) upon request of the law enforcement officer at the scene of the detention or afterward? There is only a penalty (loss of driving privileges) for refusing to submit to a breath, urine or blood test for alcohol. These types of cases as well as other criminal charges (misdemeanor or felony) can be effectively defended by use of aggressive pretrial discovery and in some cases, depending on the facts, pre trial motions such a Motion to Suppress Evidence so that the state cannot use certain types of evidence against you at trial.
13. Joel Nash: What is DUI, OVI and DUS? DUI is short for Driving Under the Influence of
         drugs or alcohol. DUI was replaced by OVI in Ohio January 1, 2004. OVI
         is short for Operating a Vehicle Under the Influence of drugs or alcohol.
         DUS is Driving Under Suspension. Being arrested for DUI / OVI can
         seriously impact your life. Jail time, court fines, higher insurance
         premiums, loss of license and driving privileges can often result from
         a DUI / OVI. DUS is also a serious charge which can result in
         many of the same penalties as a DUI / OVI. The best way to handle a
         DUI / OVI or DUS charge is to retain a knowledgeable and experienced
         lawyer. *DUI was replaced by OVI in Ohio January 1, 2004. *higher level OVI with a BAC (breath alcohol content) reading of .17 or higher can result in double the jail time. *Offenses below are OVI (DUI) charges within 6 years of first offense. 1st Offense*: * Administrative License Suspension (ALS) for a prohibited BAC; * ALS for test refusal = one year license suspension; * Jail - Minimum of three consecutive days or 3-day driver intervention program; * Fine - Minimum $200 and not more than $1,000; * Court License Suspension - 6 months to 3 years 2nd Offense*: * ALS for one year for a prohibited BAC; * ALS for test refusal = two year license suspension; * Jail - Minimum of 10 consecutive days or five days jail + minimum 18 consecutive days of electronically monitored house arrest combined, not to exceed 6 months; * Fine - Minimum $300 and not more than $1,500; * Discretionary driver's intervention program; * Vehicle immobilization and plates impounded for 90 days; * Court License Suspension - 1 year to 5 years. 3rd Offense*: * ALS for two years for a prohibited BAC; * ALS for test refusal = three year license suspension; * Jail - Minimum 30 consecutive days to one year; * Alternative sentence - 15 days or Jail + minimum 55 consecutive days of electronically monitored house arrest combined, maximum of one year; * Fine - Minimum $500 and not more than $2,500; * Mandatory attendance in an alcohol treatment program paid for by offender; * Vehicle immobilization and plates impounded for 180 days; * Court License Suspension - 1 year to 10 years. 4th or More Offense or Motor Vehicle Related Felony*: * ALS for three years for a prohibited BAC; * ALS for test refusal = five years license suspension; * Jail - Minimum of 60 consecutive days and up to one year in jail; * Fine - Minimum $750 and not more than $10,000; * Mandatory drug/alcohol treatment program paid for by offender; * Vehicle Forfeiture - Mandatory criminal forfeiture of vehicle operated by offender, imposed by court; * Court License Suspension - 3 years to Permanent Revocation.
14. Howard Skolnick: A criminal conviction can have a devastating impact on you and your family for years to come ...
15. Jonathan Bartel: Criminal law involves the prosecution of a person by the government. Most crimes in the United States have been established by local, state and the federal laws. Crimes can be defined as acts or omissions of acts in violation of a public law that either forbids or commands it. For example, murder is a forbidden act, making it a crime of commission. Conversely, one is required to pay one's income tax, making the failure to do so a crime of omission. Felonies are serious crimes with serious penalties including fines, imprisonment for more than one year, or, in some cases, both. In certain states, some crimes are punishable by death. DUI / OMVI A blood-alcohol content of .08 is a per se violation Ñ you can be arrested for driving under the influence regardless of driving behavior. You can also be charged with operating a motor vehicle while impaired (OMVI) regardless of your BAC if law enforcement observes traffic violations or other signs of impaired driving, or if you are under the influence of drugs. OMVI can apply to an automobile, boat, motorcycle, snowmobile, Jet-Ski or any motorized vehicle Ñ even a lawn tractor. Penalties for Driving Under the Influence Ohio's laws are harsher for the drunk driver than ever before. A conviction carries substantial penalties and consequences: First Offense * Three days in jail or a three-day driver intervention program * Administration License Suspension (ALS) of 90 days * Court license suspension: depending on extenuating circumstances, the judge can suspend your license for up to five years * Fines of $200 to $1,000 ¥ Refusal of a blood-alcohol test for first-time DUI results in automatic suspension of your license for one year, with no possibility of reinstatement. Subsequent Offenses Penalties rise fast for second, third or fourth offenses: * Jail time of 10 days up to 1 year and/or house arrest * License suspension of 180 days up to permanent revocation * Fines of $300 to $10,000 * Vehicle immobilization and impounded license plates * Mandatory alcohol or drug treatment ¥ Possible forfeiture of your vehicle Immigrants: If you are not a U.S. citizen, a DUI conviction may be considered a deportable offense. Contact Jonathan Bartell about immigration consequences before pleading guilty to any criminal charge. DUI-Related Offenses Serious penalties, up to jail time or vehicle forfeiture, also apply for: * Driving while your license is suspended or revoked * Driving without insurance * Allowing someone with a suspended license to use your vehicle ¥ Driving a vehicle ordered immobilized and/or with impounded plates
16. Robey & Robey:

    DUI CRIMES

    FREQUENTLY ASKED QUESTIONS:

    1. QUESTION: WHAT SHOULD I DO IF I AM STOPPED FOR A DUI OFFENSE?

    Answer: Try to remain calm. Provide your driver's license to the police officer. Respectfully decline to answer any questions by the officer other than identifying yourself. Respectfully decline to perform any roadside field sobriety tests. Respectfully decline to take any portable breathalyzer test. Respectfully decline to take any breathalyzer, blood, or urine tests. Immediately contact a qualified criminal defense attorney.

    2. QUESTION: DO I HAVE THE RIGHT TO DECLINE TO ANSWER QUESTIONS BY THE POLICE?

    Answer: Yes. All citizens are guaranteed the protection against self-incrimination.

    3. QUESTION: DO I HAVE THE RIGHT TO REFUSE TO PERFORM FIELD SOBRIETY TESTS?

    Answer: Yes.

    4. QUESTION: DO I HAVE THE RIGHT TO REFUSE A BREATHALZER, BLOOD OR URINE TEST?

    Answer: Yes. However, such a refusal may result in a suspension of your driver's license.

    5. QUESTION: WHAT SHOULD I DO WHEN I AM RELEASED FROM THE POLICE STATION?

    Answer: Immediately contact a qualified criminal defense attorney.

17. David Grant: You have the right to be arraigned without unnecessary delay after being arrested. You will appear before a judge who will tell you officially of the charges against you at your first arraignment. At the arraignment, an attorney may be appointed for you if you cannot afford one, and bail can be raised or lowered. You also can ask to be released on personal recognizance, even if bail was previously set. If you are charged with a misdemeanor, you can plead guilty or not guilty at the arraignment. Or, if the court approves, you can plead nolo contendere, meaning that you do not admit guilt but you admit the truth of the facts alleged in the complaint or indictment. Legally, this is the same as a guilty plea, but it cannot be used against you in a subsequent civil case.
18. Michael Hennenberg: Many states have enacted statutes that grant non-law enforcement citizens the right to detain others if the citizen knows that the detained individual is engaged in the commission of a crime.  This detainment is frequently referred to as a "citizen's arrest."
19. Eric Allen: If you have been charged with a crime, be sure to hire the attorney who will ensure that you receive the protection of the bill of rights.
20. John Spellacy: A conviction on DUI/DWI charges may result in fines, the revocation or suspension of your driver's license, and possible jail time. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced criminal defense attorney can make all the difference in such a difficult case.
21. Gardner, Mark Years ago, a drunk driving charge meant someone was "drunk" in the way all of us commonly understand the word - intoxicated. But today, due to the extensive and often misguided lobbying pressures put on legislatures by groups such as MADD, SADD, and others, intoxication as we know it is not required for a person to be found guilty of drunk driving. Today's drunk driving laws mean that you can be convicted of drunk driving with considerably less alcohol in your system than what we customarily recognize as being enough to make a person drunk. And if you are convicted, you will suffer some very harsh penalties. DUI-OVI WHILE OPERATING IN YOUR PRIVATE VEHICLE: * If at the time of your arrest, you test over the .08 limit or refuse to submit to a chemical test, your operators license will be suspended by the Bureau of Motor Vehicles (BMV) by an Administrative License Suspension (ALS) for a minimum of 90 days on a first test over the limit or for one year on a first refusal within six years. * While you are under this suspension, the court MAY NOT grant you occupational privileges to operate a commercial vehicle. * You have the right to appeal this suspension within thirty days. If the officer did not follow the proper procedures, the breath testing machine was not properly maintained, the test was not properly administered, etc, the court may terminate the ALS. If the court finds that the officer acted properly, the court will uphold the suspension, but may grant you occupational driving privileges for non-commercial driving only. The court may NOT grant ANY driving privileges for 15 days on a first test over the limit or 30 days on a first refusal within six years. * If you appear in court and ask for occupational driving privileges, you may be giving up your right to appeal the ALS and challenge the suspension itself. * If you are convicted of DUI for either alcohol or drugs in your private vehicle, the Bureau of Motor Vehicles (BMV) will impose a one year disqualification of your CDL privileges. The suspension notices attorneys have been seeing have been sent out about six months after the conviction and impose a one year suspension running after a six month suspension by the court for the DUI. You may and should appeal the disqualification imposed by the BMV. * If you have a DUI conviction that occurred while you had a CDL or a conviction after September 30, 2005, and have a second DUI conviction, the BMV will impose a LIFETIME disqualification. DUI-OVI WHILE OPERATING IN A COMMERCIAL VEHICLE: * If you operate a commercial vehicle with a discernable amount of alcohol in your system, you will be placed out-of-service for twenty-four hours. * A commercial DUI consists of operating a commercial vehicle: a) Under the influence of alcohol (regardless of the alcohol level), b) With an alcohol level of .04 grams of alcohol per 210 liters of breath or a comparable blood or urine, or c) Under the influence of drugs. * If you are arrested for DUI and are asked to submit to a chemical test of your blood, breath or urine and after being warned as provided in division (C) of this section or submits to a test that discloses the presence of a controlled substance, an alcohol concentration of four-hundredths of one per cent or more by whole blood or breath, an alcohol concentration of forty-eight-thousandths of one per cent or more by blood serum or blood plasma, or an alcohol concentration of fifty-six-thousandths of one per cent or more by urine, the person immediately shall surrender the person's commercial driver's license to the peace officer. * Upon receipt of a sworn report from a peace officer, the registrar shall disqualify the person named in the report from driving a commercial motor vehicle for the period (1) Upon a first incident, one year; (2) Upon an incident of refusal or of a prohibited concentration of alcohol after one or more previous incidents of either refusal or of a prohibited concentration of alcohol, the person shall be disqualified for life or such lesser period as prescribed by rule by the registrar. * If arrested for DUI and you refuse to submit to a chemical test requested by a police officer, it is a first degree misdemeanor offense, whether you are ever charged with DUI from the incident or whether or not you are convicted of DUI from the incident.
22. David Hildebrandt: Drunk Driving Defense - the "right to drive" is a privilege which is governed by the individual states. Traffic violations are a mix of regulatory and penal (criminal) offenses based on violations of state statutes and city ordinances relating to the operation of vehicles, specifically driving under the influence of alcohol or other substances which impair the ability to drive.
23. Avery Fromet: Ohio's DUI law has become one of the toughest in the nation. Beside the possible incarceration and financial burdens involved, the new automatic license suspension provisions can have a devastating effect on your right to drive for an extensive period of time. In addition to the new license suspension provisions, recent amendments to the law exact greatly enhanced and mandated jail sentences for offenders including the possibility of a felony record.
24. Zuckerman, Diaker & Lear If you are stopped for drunk driving and you refuse to take the sobriety test, or if your test results exceed the legal limit of .10% Blood Alcohol Concentration (BAC), the officer can take your driver's license on the spot, and the suspension begins immediately. DUI, OVI, and Traffic Lawyers in Cleveland and Akron Ohio In all states in the United States it is illegal for a driver to operate a vehicle while under the influence of alcohol and/or drugs. In the state of Ohio, this offense is known as operating a motor vehicle impaired (OVI). OVI laws make it illegal for a person to operate a car, truck, motorcycle, or commercial vehicle if: * The driver's ability to safely operate a vehicle is impaired by the effects of alcohol, illegal drugs, prescribed medications such as painkillers, or even over-the-counter medications such as antihistamines; or * The driver is intoxicated at a level above established OVI standards, such as blood-alcohol concentration (BAC). Field Sobriety and Chemical Tests When a police officer makes a vehicle stop and has a suspicion that the person operating the vehicle may be impaired, the officer may conduct "field sobriety" tests. The officer may ask for the driverÕs consent to some form of chemical test to test for possible impairment. Field sobriety tests normally involve a police officer requesting that the driver perform a number of tasks so the officer may assess any impairment of the person's physical or cognitive ability. Some examples of types of field sobriety tests include having the driver recite the alphabet backwards or having the driver walk a straight line, heel to toe. A Breathalyzer is a chemical test that may be used during a vehicle stop. A Breathalyzer measures the driver's blood-alcohol concentration (BAC). A Chemical test that may be performed at a hospital is a urinalysis and/or blood test.