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Columbus DUI Lawyers

1. Ames, Stephen: It does not matter whether it is a minor traffic ticket or a felony, you deserve the best representation that you ca have to protect yourself.
2. McCord Legal Services: Speeding Drunk Driving Reckless Driving Driving With Suspended License Driving While License Revoked Limited Driving Privilege License Suspension Multiple Offenses Auto Injuries
3. Frenz, David: Family law Ð divorce attorney, adoptions, guardianship and custody / child support Criminal defense Ð misdemeanor / felonies, drug possession, robbery, and more Civil law Ð wills, probate and trusts Traffic law Ð DUIÕs / DWIÕs, speeding tickets, reckless driving and more
4. Ireland, Will: All Courts: Federal, State, Municipal, Mayor's Criminal Defense Felony and Misdemeanors DUI / Traffic / OVI Dismissals Probation / Parole Violations
5. Weiner, Samuel: DUI or Operating a Vehicle Impaired (OVI) Commonly referred to as driving under the influence (DUI), Operating a Vehicle Impaired (OVI), as it is legally called in Ohio, has serious consequences, including license suspension, fines, and/or imprisonment. OVI cases can be complex and confusing. For example, if you are arrested for OVI, in addition to facing criminal charges, you are very likely to face administrative charges that involve an entirely different set of procedures and consequences. A defendant who is convicted of OVI through criminal proceedings faces harsh penalties, ranging from mandatory jail time (or a rehab program) for first time offenders to special license plates and vehicle forfeiture for repeat offenders. Moreover, a OVI conviction leads to other harsh financial and social consequences. Administrative charges, on the other hand, are pursued when OVI test results equal or exceed .08% blood-alcohol content or if the driver has refused to submit to testing. An unfavorable judgment can lead to suspension, revocation, or denial of your driver's license or Ohio driving privileges temporarily or indefinitely.
6. Scott, Paul: Criminal Drunk-Driving Cases Drug Charges Assault Charges Felonies Misdemeanors Probation / Parole Driving Under Suspension
7. Darfus, Jason: Criminal Defense DUI, OVI, OWI Traffic Misdemeanor
8. DeBeneditto, Umberto: Criminal Law Criminal Defense, Felonies, Misdemeanors, DUI, Traffic, General Practice
9. Burke, Adam: Employers know very well that some of their applicants for employment have faced DUI charges. In the past, employers would often ask, "Have you ever been convicted of a crime?" When a defendant received court supervision on a first DUI, he or she could truthfully answer no to this question. Now, however, many employers are asking questions like, "Has your driver's license ever been suspended?" Or, "Have you ever been arrested for a DUI?"
10. Koffel Law Firm: A commercial driver faces serious consequences if arrested for DUI. The limit on blood alcohol concentration (BAC) is much lower than other drivers. Where a regular driver is allowed up to .08 BAC, a commercial driver cannot register above .04%. If a discernable amount of alcohol (any amount) or drugs is found in your system, you will be taken off the road for 24 hours. However, the laws have become even more stringent, starting in 2005. Now any person who has a CDL can be arrested and charged with DUI even if not operating a commercial vehicle. This means that you can be driving your own personal vehicle, not at work, and you will be arrested and your CDL will be suspended.
11. Akamine, Nathan: Traffic Legal Cases Include: * OVI and drunk driving * Drugged driving * Moving violations * Hit and skip * Licence violations * BMV suspensions
12. Witell, Ronald: OVI law has evolved over time in Ohio. In the past, drunk driving law has had several names such as the following: Driving Under the the Influence (or DUI), Operating a Motor Vehicle Under the Influence (or OMVI), and Operating a Vehicle while Intoxicated (or OVI). The key to most DUI and OVI cases is the level of impairment and intoxication. Being arrested for a DUI, OVI, or Drunk Driving criminal misdemeanor or felony charge can result in a very difficult and embarrassing time. You can be fined, lose your driver's license, spend time in jail, end up with a criminal record, or even lose your job.You need a Columbus, Ohio criminal DUI & OVI attorney to guide you through the OVI process and to help answer your questions about OVI when you are confused. In addition, I can help relieve the anxiety caused by charges of a DUI, OVI, criminal, or traffic case. Reasonable Suspicion Prior to stopping the motor vehicle for an OVI or DUI, police need to have some reasonable suspicion that some traffic violation or other criminal violation is being committed. After the officer stops the motor vehicle, they may ask for proof of license, registration, and insurance. Field Sobriety Test If the police have a reasonable suspicion to stop the car, the police need probable cause to charge a person with Operating a Vehicle Under the Influence, or OVI or DUI. Police can use OVI field sobriety tests (i.e. the walk and turn OVI test, 1 leg stand OVI test, and HGN OVI test) to determine if the driver is physically impaired to drive. In an OVI, the amount of physical impairment is a major OVI factor in determining if a person is able to drive a vehicle safely. Incriminating Statements Any statements made during the OVI stop may be used against a person in a court of law. However, some OVI or DUI evidence may be suppressable. This suppression of evidence in an OVI or DUI case means that the court, after an OVI or DUI suppression hearing, may decide not to admit some evidence into an OVI or DUI trial on the merits. Breathalizer Test Courts give tremendous weight to alcohol levels obtained from the OVI breathalizer, OVI blood, and OVI urine tests. However, there are rules under the Ohio Revised Code and the Ohio Administrative Code that limit the admissibilty of these OVI or DUI tests. Some of the OVI or DUI rules relate to the timing of when the OVI test is taken (i.e. the 20 minute rule and the 2 hour rule) and the OVI procedures by which the evidence is processed (like the compliance the the OVI administrative regulations regarding the chain of custody, sealing the sample, and other OVI administrative regulations). Test Refusal A person does not have to submit to an OVI or DUI field sobriety tests, OVI breathalizer test, an OVI blood test, or an OVI urine test in most circumstances. However, if a person refuses to submit to these OVI or DUI tests, they may face an Administrative License Suspension (or ALS suspension) up to 1 year and other hard time suspensions for Driving Privileges for an OVI or DUI. If a person submits to the OVI or DUI tests, the court can consider the validity of these physical OVI tests in determining if a person committed the OVI. Driving Privileges During the OVI or DUI hard time suspension period (See Chart Below), no driving privileges can be granted by the OVI or DUI court or otherwise. After the OVI or DUI hard time suspension, the OVI court has discretion in granting Limited Driving Privileges.
13. Funkhouser, Douglas: Driving on the roads and highways of Ohio can lead to many traffic violations. Although many of these violations result only in paying a fine, more serious violations, such as drunk driving and related charges, are also considered criminal offenses and may result in Ohio OVI penalties such as jail time, license suspension, and forfeiture or immobilization of the vehicle. FAQs for Impaired Driving From the Ohio State Highway Patrol What is the legal blood-alcohol limit in Ohio? Ohio Law states that no person shall operate a motor vehicle while under the influence of alcohol, a drug of abuse, or both. The state of Ohio has set a per se level of 0.08 BAC (blood-alcohol content) as the presumptive level at which an adult is considered to be an impaired driver of a passenger car. However, being under the presumptive 0.08 BAC level does not mean you are not impaired and, depending upon roadside sobriety checks, you may be charged with OVI with a BAC which measures below 0.08. In other words, the presumptive BAC level is the level at which you are automatically considered to be "legally" impaired -- it does not mean that you are not illegal if you are not at the 0.08 BAC level. As such, there is no absolute "legal limit" except "zero." Other presumptive BAC levels in Ohio are: * .04 BAC for commercial vehicle drivers; * .02 BAC for drivers under the age of 21. What are the penalties for impaired driving in Ohio? Administrative license suspension for a refusal of the BAC test will last from one to five years, depending on the number of prior refusals. For a failure, the administrative license suspension will last from 90 days to three years, depending on the number of prior drunk driving convictions. Those convicted of the offense are subject to the mandatory penalties of time in jail, a court-imposed driver license suspension, and a minimum of $200 to a maximum of $10,000 fine. Penalties are based upon the number of previous DUI convictions over a * FIRST OFFENSE -- at least 72 consecutive hours in jail, court license suspension from six months to three years. * SECOND OFFENSE -- at least 10 consecutive days in jail, court license suspension from one to five years. * THIRD OFFENSE -- at least 30 consecutive days in jail, license suspension from one year to 10 years. * FOURTH OFFENSE -- at least 60 consecutive days in jail, court license suspension from three years to permanent revocation. All offenders must pay a $250 reinstatement fee for ALS. To regain a suspended license, all OVI offenders must pay a $250 reinstatement fee and show proof of a policy for liability insurance or bond. Repeat offenders will be required to file proof of liability coverage and maintain that coverage for three years. Third and fourth time impaired driving offenders are also subject to having their vehicle immobilized or forfeited. A vehicle owner who knowingly allows someone whose license is suspended to operate their vehicle may also be subject to these penalties. Motorists who are convicted of vehicular homicide or aggravated vehicular homicide and are judged to have been under the influence of alcohol or drugs at the time of the offense will, in addition to other penalties, suffer permanent loss of driving privileges. How many drinks can I consume before becoming impaired? There is no reliable means to predict how many alcoholic beverages an individual can consume before becoming impaired. In past years, various entities have published charts which outline the blood-alcohol content (BAC) you will attain if you weigh X pounds and consume X drinks. However, these charts only consider two variables -- number of drinks and body weight. Actually, there are many more variables which must be considered, so a generalized estimate as to level of intoxication or potential BAC would be very unreliable. How do troopers test suspected impaired drivers? When a trooper observes a suspected impaired driver, s/he will stop the car for observed traffic offenses and make personal contact with the driver. If the officer detects possible impairment once contacting the driver, divided-attention sobriety tests will be conducted. Among these are: * the heel-toe walk; * the one-leg stand; * and the "Gaze Test" which traces involuntary eye movements. * In addition, the trooper will observe how well the driver can understand and respond to questions and follow instructions. If, after conducting these tests, the officer detects impairment, an arrest is made and the suspect is taken into custody for a formal BAC test. Why do you hold sobriety checkpoints? Sobriety checkpoints are designed to be a deterrent, not a trap. The Supreme Court has ruled that before conducting a sobriety checkpoint, several criteria must be met. First, the location of the checkpoint must have a historically high rate of alcohol-related crashes. Second, the agency must follow specific guideline for notification that the checkpoint is to be conducted. Also, if traffic is too heavy to stop each car passing through the checkpoint, cars must be stopped according to a predetermined formula (ie: every other car, every fourth car, etc.).
14. Essex, Robert: No portion of this website should be taken as legal advice.
15. MacKinnon, John: Not sure what to do? Want to save your license? Want to avoid severe punishment? Ohio's Drunk Driving Law - Potential Penalties First Offense * Misdemeanor of first degree (up to (6) months in jail) * Minimum three (3) days in jail or three (3) days with an alcohol counseling class * Minimum of $250.00 fine * Minimum license suspension of 180 days * Six (6) points on driving record First Offense - High Test * If you take a breath test and test .17 or higher you are subject to higher minimum penalties under Ohio law * Three (3) days in jail plus three (3) days with an alcohol counseling class * Manadatory red and yellow plates Second Offense and Higher * Manadatory jail time after second offense or higher * One (1) year driving rights suspension or higher * Possible alcohol assessment and treatment * Manadatory red and yellow plates
16. Connor, Evans & Hafenstein: The best legal defense of a DUI charge can only be afforded by attorneys with solid experience in the criminal system and detailed knowledge of the chemical and breath tests and police techniques used on drivers.
17. Erney, Robert: In Ohio, DUI stands for Driving Under the Influence of Intoxicants. OMVI stands for Operating a Motor Vehicle While Intoxicated. The charges, often referred to as DUI or OMVI, requires the operation of a motor vehicle while your ability to drive is impaired or while your blood or breath alcohol concentration exceeds the statutory limit. In Ohio, that statutory limit is 0.08 percent. Although DUI is often described as "drunk driving", this term is somewhat misleading in that you do not have to be drunk to be considered legally impaired. Often, authorities consider the following factors as signs of drunk driving or significant impairment that could lead to arrest or be used as evidence: * Driving Symptoms - speeding, weaving, failure to drive in one lane, driving with no headlights, or other moving violations * Personal Symptoms - slurred speech, bloodshot or watery eyes or the odor of alcohol on your breath * Field Sobriety Tests - there are six common tests like the walk-a-line, stand on one foot, counting while touching your fingers or looking at the eye with a pen light * Incriminating Statements - "I only drank 8 beers;" "Yes, I was driving," or "of course I'm drunk" can be used as evidence at trial. * Blood-Alcohol Evidence- like a breath test or a blood test may also be admissible in court as evidence DUI is a difficult crime to understand and it is often difficult to determine whether or not your actions actually were a violation of criminal law. As a result, many people who are cited or arrested for "drunk driving" might not be guilty of the DUI crime defined by statute, or there certainly could be "reasonable doubt" as to the facts. If you have been accused of drunk driving, Robert Erney can help you understand your rights and protect you from a possible wrongful conviction. It is possible that the machine used to test your blood or breath was not working accurately. Because this is an important issue, there are numerous laws and administrative regulations that require periodic testing of blood or breath testing devices. The records must be maintained and are available for an experienced DUI attorney to review. Because people often do not know what to do after the police stop them, they often make unnecessary incriminating statements that are harmful to their case. The police then might attempt to convince you that you are guilty even when you might not have violated one of the statutes. Procedurally, you should be aware of certain legal rights you have: * There must be legally sufficient facts to constitute "probable cause" to stop, detain and arrest you. * You should be advised that submission to field sobriety testing, physical (coordination and eye tests) and portable field breath testing is not required by law * Once arrested, you must be advised of your constitutional rights - the "Miranda" warning - before any further questioning takes place
18. Davis, Bruce: People from all walks of life find themselves charged with drunk driving, or OVI as it is called in Ohio. For many, this is the first time in their life that they have ever been in serious trouble. The loss of driving rights can disrupt a personÕs life and inhibit their ability to work or attend school. Defending drunk driving (OVI) cases is one of the most complex and constantly changing areas of criminal law. Finding a criminal lawyer who is up to date on all of the latest legal developments in the field is crucial to achieving the best possible results. If you have been charged with operating a vehicle under the influence (OVI), you are most likely scared and overwhelmed by the situation you are facing. For many people, this is the first time they have been arrested and charged with a crime. Fortunately, there is hope. A Columbus DUI attorney can help you fight these charges and get back on your feet. Our state has very strict laws regarding DUIs/OVIs, and with good reason -almost 400 people a year die in Ohio due to alcohol-related crashes. The drunk driving laws of our state require the immediate license suspension of anyone who fails or refuses a breathalyzer test. If you failed the test, this suspension will last for three months. If you refused to take it, your suspension will go on for a full year. When you hire a Columbus DUI lawyer within 30 days of your arrest, he or she can help you fight this suspension as well as your criminal charges. When you are convicted of a first time OVI, you will be forced to spend anywhere from 3 days to 180 days in jail and pay between $250 and $1000 in fines. Additionally, the judge may decide to make you use restricted plates on your vehicle. These Òscarlet letterÓ plates not only force you to re-register your car, but also inform all other drivers on the road that you are a convicted drunk driver. If you already have an OVI on your record, had an excessively high BAC or if you are under 21, your punishments will be even more severe. A Columbus DUI attorney is a crucial part of your defense in these cases.
19. Yavitch and Palmer: Operation of motor vehicles on Ohio highways often leads to violations of many traffic laws - Speeding, Drunk Driving - DWI, DUI, OMVI, Driving Without a License, ACDA, Reckless Operation, and Failure to Control a Vehicle are only a few instances. Traffic violation convictions in Ohio can result in: * Increased penalties for subsequent offenses * Fines and increased insurance rates * Jail or prison sentence * Suspension of driver's license * Vehicle confiscation * Ignition lock device installation * Alcohol abuse assessment and treatment * Criminal record * Job loss * Community service and probation While speeding and other minor traffic offenses may result only in fines, serious violations are also criminal offenses. Violations carrying the stiffest penalties arise from repeat offenses as well as accidents that lead to death, drunk driving charges such as driving under the influence, commonly known as DUI, and driving while intoxicated also referred to as DWI. Attorneys who defend clients facing drunk driving charges, must be prepared to deal with an ever-widening array of scientific procedures and tests that police officers administer to prove a defendantÕs guilt.
20. Bradley Miller: Criminal defense Are you a defendant in a criminal case or are there possible criminal charges pending against you? Have you been summoned to court for a traffic or OVI (DUI) offense? Have you been charged with a criminal or traffic offense and are under the age of 18?
21. Luftman Heck & Associates: Appear at arraignment and if possible review police reports and other available information regarding case. Review whether there is an issue with license suspension and attempt to terminate it. If not, request driving privileges on behalf of the client. Determine whether to plead guilty or not guilty. Analyze constitutionality of stop; Analyze Breath Test and Field Sobriety Tests and determine motions to file on behalf of client based on the facts of their case. Represent client throughout case during pre-trials, motion hearings and trial. What is OVI/DUI? ÒDrunk driving,Ó Òimpaired driving, OVI, OMVI, DUI, and DWI are interchangeable in Ohio. The official acronym or term is ÒOVI.Ó In 2004, the Ohio legislature invented the term ÒOperating a Vehicle (while under the) Influenced,Ó or OVI, as the general term. Ohio Lawyers tend to use the term DUI most of the time, instead of OVI, as DUI is a more universal term. Additionally, OVUAC (or OMVUAC) is a legally distinct term used for certain OVI charges that apply to those less than age 21. When are you committing OVI/DUI? Under Ohio Law a person commits OVI or DUI when they ÒoperateÓ a vehicle while under the influence of an illegal substance or while over the legal blood-alcohol limit. Ohio law defines operate as an act Òto cause or have caused movementÓ of the vehicle. What is considered a ÒVehicleÓ? Under Ohio law, ÒvehicleÓ means every device, including a motorized bicycle, in, upon, or by which any person or property may be transported or drawn upon a highway, except that ÒvehicleÓ does not include any motorized wheelchair, any electric personal assistive mobility device, any device that is moved by power collected from overhead electric trolley wires or that is used exclusively upon stationary rails or tracks, or any device, other than a bicycle, that is moved by human power. ÒMotor vehicleÓ means every vehicle propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires, except motorized bicycles, road rollers, traction engines, power shovels, power cranes, and other equipment used in construction work and not designed for or employed in general highway transportation, hole-digging machinery, well-drilling machinery, ditch-digging machinery, farm machinery, and trailers designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a street or highway for a distance of no more than ten miles and at a speed of twenty-five miles per hour or less. Further, Ohio law prohibits operation of the vehicle while intoxicated to boundaries Òwithin this stateÓ whether on a road or not.
22. Amy Levine: DUIÑKnow Your Rights! Your first offense of just .08% BAC can mean up to six months in jail and a suspended license. Hire aggressive defense that protects your rights and your future! If you have been charged with DUI, your first action should be to know your rights. Many drivers charged with DUI in West Virginia and Ohio are led to believe they are required to talk to the police and prosecutors and take additional tests without an attorney present.
23. Cleve Johnson: Could an OVI conviction cost you your job? That depends on the job. If you are a pilot or have a security clearance the answer may be different than if your boss has a help wanted sign in the window and you take the bus to work. A number of factors may come into play. For example, what will your employer think aobut customers seeing a yellow and red license plate in the employeeÕs parking lot?

     

    Can employers see my conviction on the internet? Yes is often the answer to this question. EmployerÕs are becoming more cautious about hiring people for good positions. The figure that the more careful they are in checking a person before hiring, the fewer problems they will have later. If the choice is between you and another equally qualified person but the employer sees you have an OVI conviction, the other person may get the job. Rightly or wrongly, the employer may thing that there could be problems with alcohol interfering with you doing the job properly. If you are an employer, why take the chance? You may never know what an OVI cost you in lost employment opportunities.

     

    What should I do? The answer is different for different people. The one thing you should do is make very sure you know the employment consequences of pleading guilty to OVI before you do this. It must again be stressed that it is very hard to reverse convictions after they happen. The best time to deal with the problem is before your case comes to trial.

      Could an OVI keep me from getting a good job or a pay raise? From time to time, I will get a call from a person who has been convicted of drunk driving in the past? The person indicates that they have an excellent opportunity to move into a new employment position and that all they need to do is to get rid of the past conviction. The person often is willing to pay whatever it takes at this point. Unfortunately, such people often have to be told to save their money. It is very difficult to reverse past convictions once the case is over and the appeal time has run. The time to avoid this situation is before the conviction occurs. Pleading guilty quickly to get the case over with, may cause problems later on.

     

    What if my job involves driving? If part of your job involves driving you should be concerned. If your job is driving, you have a serious problem driving with limited driving privileges. Even if your employer wants to keep you, if your employerÕs insurance company doesnÕt like the looks of your record, they may raise the rates on your employer or refuse to insure you while working for the employer. Even if you are well liked, your employer may not be able to keep someone they cannot insure.

24. Bergman & Yiangou: When individuals face criminal accusations, DUI penalties, and charges related to drunk driving in Ohio, they need the counsel of an experienced criminal defense attorney to make certain that even their most-basic rights are protected.
25. James Andrioff: You should consult an attorney for individual advice regarding your own situation.
26. Byron Potts: An arrest is a frightening experience for both the arrested person and their family.
27. Sallynda Rothchild Dennison: If you have been charged with a violation of the Operating a Vehicle under the Influence (OVI) law, Driving While Intoxicated (DWI), or Driving under the Influence (DUI) of alcohol or drugs, it is important that you immediately contact a OVI / DUI/ DWI lawyer to avoid losing your driverÕs license, your rights, and possibly your freedom. Cases involving drunk driving have serious repercussions: a permanent offense on your criminal record, suspension or revocation of your driver's license, community service, jail time, probation, alcohol treatment, heavy fines, or all of these consequences.
28. Richard Cline: DRUNK DRIVING DEFENSE: Impaird driving is a national concern, and that concern has resulted in harsh sentencing. MISDEMEANOR OFFENSES: Many petty criminal charges have long-lasting and unforeseen consequences. Misdemeanors can carry up to six months in jail, a fine of up to $1,000.00, and suspension of your right to drive. Some misdemeanor offenses also prevent you from owning a gun, hunting, obtaining a teaching license, and have other long-lasting consequences.
29. Holfinger Law Offices: Our legal system can be complicated and frightening. When someone is charged with a violation of the law, whole families are impacted.
30. Eric Laird: No matter what the name of the crime might be-DUI, DWI, OUI, or OWI-the first element of the crime is "driving," or "operating," a motor vehicle. This language is intended to describe the level of physical control a person has over the motor vehicle. In many states, operating or driving does not require that the vehicle actually be in motion, or even that the engine be running. A person who is found sitting behind the wheel of a car may be convicted of driving or operating the car while under the influence. Courts have even convicted people sitting behind the wheel of a car while it is being towed. Passengers are seldom considered to be operators or drivers unless they grab the steering wheel. As used in the drunk driving laws, the term "vehicle" is defined more broadly than just "motor vehicle." Usually, a "vehicle" is defined as anything that carries people or goods. A "motor vehicle" is something powered by a motor or engine. Either term can include cars, trucks, even motorboats. Most laws draw a distinction between inoperable vehicles and those that are only immobile-capable of moving, but not of moving at the time. Legal distinctions such as this are one reason you need an experienced drunk driving defense attorney to give your case the careful analysis needed. Another element of a drunk driving charge is the location of the offense. Older drunk driving laws often included limiting phrases, such as "on the public highways of the state." Many judges relied on that language to conclude that the drunk driving laws did not apply to someone driving on private property, including parking lots. Modern laws, however, require only proof that the offense took place within the boundaries of the state.
31. AuCoin DuPont Hetterscheidt & Younkin: Drunk driving (OBI / OMBI) is a serious charge ...
32. Matthew Halley: Your first step after any arrest should be to get an experienced criminal defense attorney on your side. An arrest / charge for a criminal offense or serious traffic offense can be a frightening experience both for the person arrested and for their family and friends. You need an Ohio criminal defense attorney who listens to the specifics of your case, who has an in-depth knowledge of the law, and who will focus on obtaining the best possible outcome for you.
33. Heckert & Hockensmith: DWI/DUI means "driving while intoxicated" or "driving while under the influence" and refers to the crime of drunk driving. This crime usually includes driving while abusing drugs and the operation of other kinds of motorized vehicles, such as boats. Drunk driving is defined by each state's criminal code.
34. Tim Huey: A DUI is more than a simple appearance in court. At least it is if you don't want to be convicted.
35. Mitchell, Allen, Catalano & Boda: In many minor traffic cases, the maximum punishment is a $100.00 fine, court costs, and 2 points on your driver's license. In almost any other case, the punishment may include jail or prison. In 1963 the United States Supreme Court said that every person charged with a crime and facing imprisonment is entitled to an attorney, in order to insure that they receive due process of law.
36. Saia & Platt: Driving under the influence" (DUI) and "driving while intoxicated" (DWI) are two names for the crime of drunk driving. Other statutory names for this crime are "operating under the influence" (OUI) and "operating while intoxicated" (OWI). The different names for the crime reflect differences in the state statutes that define the crime. However, all the statutes have the common purpose of punishing drunk driving and driving under the influence of illegal drugs.
37. Connor & Behal: A person charged with DUI should never be led to believe that nothing can be done to defend his or her case. A valid defense is always possible and is indeed necessary in every case.
38. Rodier Law Office: Breathalyzer tests are not 100% accurate. Often, the machines are faulty and improperly maintained. Also, the police have to follow a very specific routine before they can legally administer the test. Simply failing a breathalyzer test does not necessarily mean you will be convicted of DUI. As an accomplished defense attorney, I know many ways to contest breathalyzer results.
39. Neil Rosenberg: The officer's observations and opinions as to intoxication can be questioned--the circumstances under which the field sobriety tests were given, for example, or the subjective (and predisposed) nature of what the officer considers as "failing." Too, witnesses can testify that you appeared to be sober.
40. Koffel & Jump: Will I aggravate the judge by challenging my case? Top No. In fact, most judges have told us that they respect the fact that people hire knowledgeable lawyers to defend them as it makes the entire process move much smoother. Defendants without lawyers and lawyers who are not familiar with DUI tend to clog up the system to the disappointment of the judges.