Dayton DUI Lawyers
- Kukzak, Konrad:
a stop occurs when the defendant stops
his vehicle in response to a pursuing officer's vehicle's
overhead lights
- Jeremiah Denslow:
DUI / OVI / DWI / Drinking and Driving ... the only way to beat a DUI case is to pay very close attention
to the details. The police are required to abide by extremely strict requirements in obtaining
evidence to support a DUI charge. If they err in any step of the way, an experienced DUI attorney
can get your case dismissed.
Building a Case: The Police Investigation In most DUI/OVI arrests, the police begin gathering
evidence from the moment your vehicle comes to their attention. They will immediately begin to take
notes on your driving, documenting even the most minor infraction. Once they pull you over,
everything is considered fair game. In a DUI/OVI stop, police officers are trained to determine
whether you have glossy eyes, slurred speech, or an odor of alcohol about your breath or person.
They will evaluate the answers you provide them and decide whether you are acting cooperative or
combative. When you provide the officer with your license and proof of insurance, he will take note
of your hand-eye coordination and he will also evaluate your interaction with other individuals in
the motor vehicle. After the initial interaction, the police will ask you to step out of your
vehicle to perform a number of drinking and driving tests. Police have a series of tests they
utilize to gather evidence to support a drinking-and-driving charge. These tests are called
standardized field sobriety tests (SFST). It is important to note that in the state of Ohio, the law
does not require you to take these tests, and if you choose not to do so, you cannot be penalized in
any way. In the alternative, by agreeing to take the tests, you are voluntarily agreeing to give the
police more evidence with which to convict you of DUI/OVI. The standardized field sobriety tests for
DUI arrests include three tests that were developed and validated through a series of controlled
experiments sponsored by National Highway Traffic Safety Administration (NHTSA). The three tests
include Horizontal Gaze Nystagmus (HGN); Walk and Turn (WAT); and One Leg Stand (OLS).
HGN Testing Horizontal Gaze Nystagmus is an involuntary jerking of the eye that occurs naturally as
the eyes gaze to the side. Under normal circumstances, nystagmus occurs when the eyes are rotated at
high peripheral angles. However, when a person is impaired by alcohol, nystagmus is exaggerated and
may occur at lesser angles. An alcohol-impaired person will also often have difficulty smoothly
tracking a moving object. In the HGN test, the officer observes the eyes of a suspect as the suspect
follows a slowly moving object such as a pen or small flashlight, horizontally with his or her eyes.
The examiner looks for three indicators of impairment in each eye: if the eye cannot follow a moving
object smoothly, if jerking is distinct when the eye is at maximum deviation, and if the angle of
onset of jerking is within 45 degrees of center. If, between the two eyes, four or more clues
appear, the suspect likely has a BAC of 0.08 or greater. NHTSA research found that this test allows
proper classification of approximately 88 percent of suspects (Stuster and Burns, 1998). HGN may
also indicate consumption of seizure medications, phencyclidine, a variety of inhalants,
barbiturates, and other depressants. Walk and Turn The Walk-and-Turn test and One-Leg Stand test are
"divided attention" tests that are typically easily performed by a majority of unimpaired people.
They require a suspect to listen to and follow instructions while performing relatively simple
physical movements. Impaired persons often have difficulty with tasks requiring their attention to
be divided between simple mental and physical exercises. In the Walk-and-Turn test, the subject is
directed to take nine steps, heel-to-toe, along a straight line. After taking the steps, the suspect
must turn on one foot and return in the same manner in the opposite direction. The examiner looks
for eight indicators of impairment: if the suspect cannot keep balance while listening to the
instructions, begins before the instructions are finished, stops while walking to regain balance,
does not touch heel-to-toe, steps off the line, uses arms to balance, makes an improper turn, or
takes an incorrect number of steps. NHTSA research indicates that 79 percent of individuals who
exhibit two or more indicators in the performance of the test will have a BAC of 0.08 or greater
(Stuster and Burns, 1998). One Leg Stand In the One-Leg Stand test, the suspect is instructed to
stand with one foot approximately six inches off the ground and count aloud by thousands (One
thousand-one, one thousand-two, etc.) until told to put the foot down. The officer times the subject
for 30 seconds. The officer looks for four indicators of impairment, including swaying while
balancing, using arms to balance, hopping to maintain balance, and putting the foot down. NHTSA
research indicates that 83 percent of individuals who exhibit two or more such indicators in the
performance of the test will have a BAC of 0.08 of greater (Stuster and Burns, 1998). Blood Alcohol
Content / Breathalyzer Test Once the police decide to arrest you, they will take you to the police
station and ask that you perform a blood alcohol content (BAC) test. This test is commonly referred
to as a breathalyzer and is the only DUI test that you are required to take under Ohio law. If you
choose not to take the breathalyzer, your driverıs license will automatically be suspended. The
breath testing instrument is an extremely complex piece of equipment and is used to determine your
blood/alcohol content. Essentially, the machine is designed to measure the amount of alcohol in your
system.Ohioıs legal limit for driving while intoxicated is .08. What that means is if your
blood/alcohol is .08 grams per 210 liters of deep lung breath, you are considered intoxicated. If
you test at this limit or above, you will be charged with a DUI/OVI and possibly incarcerated in
jail. If your test is .17 or above, you will be charged with what is commonly called a ³Super
DUI/OVI.² The Super DUI/OVI citation exposes you to significantly stiffer penalties than a regular
DUI/OVI.
Why should I hire an attorney for my OVI / DUI / Drinking and Driving citation? How can you fight
back and give yourself an opportunity to beat a DUI case? Hire an experienced DUI attorney (who) will protect your rights in the
following ways:
Administrative License Suspension Appeal and Driving Privileges Itıs a no win situation. If you
refuse the breathalyzer you will automatically be penalized with an administrative license
suspension. Unfortunately, if you take the breathalyzer and test over the legal limit, you will also
be penalized with the administrative license suspension. It is important that your DUI attorney
immediately challenges the suspension issued by the Bureau of Motor Vehicles. If your DUI lawyer
fails to file an administrative license suspension appeal, your license will stay suspended, you
will not have occupational privileges and you will be required to pay a substantial reinstatement
fee at the end of the suspension. It is important that your DUI lawyer files the appropriate motions
in a timely manner or you will lose your right to appeal. In addition, once suspended, your DUI/OVI
attorney can work with the court to get you driving privileges to and from work.
Motion to Suppress Evidence There are rules that govern when the police are allowed to stop a
vehicle and detain the individual for further investigation. There are also very strict rules that
govern the manner in which the police conduct the field sobriety tests as well as the breathalyzer
test that the police conduct in a DUI arrest. If the police do not follow these rules, any evidence
the police obtain as a result can be suppressed. These are not legal loopholes, these are valid
requirements by which law enforcement must abide in a DUI case. The rules, regulations, and case law
are very complex, lengthy and will not be discussed here in detail. However, the result of a
successful motion to suppress is generally the samethe dismissal of your DUI case. If you want to
beat your DUI/OVI case in the Dayton Ohio area, contact drinking and driving lawyer, Jeremiah
Denslow, to represent you. He will give you the best opportunity to win your DUI case or get your
DUI case dismissed.
Plea Negotiations and Trial ... plea bargains are
an essential part of being an effective DUI attorney. If, after reviewing all the evidence against
you, your DUI attorney determines that there was a sufficient basis to stop you and charge you with
DUI/OVI, and that you will most likely be convicted at trial, (a) DUI lawyer ... will then
enter into plea negotiations with the prosecutor. Plea negotiations are discussions with the
prosecutor and judge, with the goal being to get you the best possible deal, and most importantly,
minimizing the damage of the DUI/OVI charge against you. It may include getting the charges reduced
from an OVI to a Reckless Operation, or working on your sentence, including reduced fines, reduced
jail sentences, or a reduced license suspension. You need a DUI attorney on your side who isnıt
afraid to go to trial.
- Mary Caudill:
A criminal conviction can have a lasting negative impact on you, your family, friends, employment options, and educational opportunities. For example, a DUI / OVMI conviction carries serious motor vehicle penalties, such as loss or suspension of your driverıs license, increased insurance rates, and possibly jail or prison time. With this in mind, it is important to seek the advice and counsel of a lawyer.
- Botros, Behnke & Schulte:
A conviction for a misdemeanor or felony offense in Ohio can result in large fines, lengthy probation, and time in jail or prison. If you are convicted of drunk driving (DUI), you will also face the loss of your driverıs license and court-ordered alcohol treatment and education.
- Daniel Brinkman:
Driving under the influence of alcohol (DUI), also known as driving while intoxicated (DWI), (or OMVI / OVI), is an increasingly serious problem in today's society. The laws of the state of Ohio and those of all other jurisdictions across the United States treat it as a very serious offense that can lead to harsh criminal penalties, including heavy fines, loss of driving privileges, larger insurance premiums, and incarceration. The authorities in many states are currently cracking down on DUI offenses by reducing the blood alcohol content level at which a person may legally operate a motor vehicle.
- Larry Denny:
The offense commonly called drunk driving is also often referred to as either DUI (driving under the influence), DWI (driving while intoxicated), or OMVI (operating a motor vehicle while under the influence). They are all the same offense and found in Section 4511.19 of the Ohio Revised Code. Under subsection A (1) of 4511.19 it is an offense for any person to operate a motor vehicle while having any amount of alcohol or drugs or combination of the drugs and alcohol that impairs their physical or mental abilities to an appreciable degree. This offense does not require proof of any specific amount of alcohol in your system; therefore, you dont have to take the blood, breath, or urine test to be convicted of this offense.
- Altick & Corwin:
Horizontal Gaze Nystagmus (HGN)
In order to perform the HGN test, the officer is required to have you in a standing position and facing straight ahead. It is not designed to be performed inside a vehicle. The officer is required to hold some object, for example a pen, about 18 inches in front of your eyes with your head remaining stationary. The officer is then required to move the pen from the center of your body, that is, in front of your nose, to the left side of your body and also the right side of your body. The majority of peoples eyes will start in a jerky or rapid movement when the pen gets all the way over to the side of your body and your eye is in the furthest corner of your eye socket. Scientific evidence has shown that the more someone has consumed alcohol, the sooner the eye will start jerking before it reaches the far corner. There are a series of points at which this jerkiness may or may not occur and the officer will note those points on his report. You cannot feel the movement of your eyes and you do not know how well or poorly you perform this test. Note that under Ohio law you are not required to cooperate or take this test if asked to do so by the police officer. There is no penalty and no loss of rights by refusing to take this test.
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