Sandusky DUI Lawyers
- Bailey & Associates: DUI: Most likely if you are reading this you have already been charged with DUI. and you probably have a million questions. There are a couple things you should do: 1. Contact a Criminal Defense attorney as soon as possible to discuss your case. 2. Sit down for a few minutes and make a time line of events of the day you got charged. Write down everything from your first drink to when you arrived home after being cited for DUI The information you remember may be extremely vital to your case, and we all know that as time goes on, memories fade. Do not give this information to anyone other than your attorney. The Law Ohio's DUI law is complicated and requires an attorney that is experienced in representing people charged with DUI. In actuality, there are two forms of DUI under Ohio law. The first is "Driving Under the Influence." These charges are based upon physical indications that you were driving under the influence. There are no scientific tests to prove "Driving Under the Influence." The violation is based merely upon the police officer's observations of your driving, your appearance, and your responses to "field sobriety tests." You should be aware that you do not have to perform a "field sobriety test." Typically if you refuse to perform the "field sobriety test" the officer will take you on station to have you take a breath, urine or blood test. The second aspect of Ohio's DUI law prohibits driving with a prohibited level of alcohol in your breath, blood or urine. This is referred to as a "per se" violation. Whether you are impaired or not, if you have a level of .08 or more of alcohol in your breath, you are considered to be Driving Under the Influence. To be convicted of this violation, the government will present scientific evidence of the results of your tests. You should be aware that you are required by law to submit to a breath, blood or urine test upon demand of a police officer. Refusal to perform these tests will result in your license being suspended for at least one (1) year. The Punishment The penalties for DUI are severe. The level punishment you receive depends on the number of DUI convictions you have had within the past five (5) years. The following chart outlines the penalties for DUI. No. of Offenses in 5 Years Possible Jail Time Mandatory Jail Time Possible Fine Driver's License Suspended for: Possibility for Occupational Driving Privileges after: 1st Offense 3 days to 6 months 3 days $200 - $1000 6 months to3 years 15 days 2nd Offense 10 days to 6 months 10 days $300 - $1500 1 to 5 years 30 days 3rd Offense 30 days to 1 year 30 days $500 - $2500 1 to 10 years None 4th Offense or more 60 days to 6 months 60 days $750 - $10000 3 years to life None Ohio law requires that your right to drive be immediately suspended (without trial) under certain circumstances. Your license will be immediately suspended if you refuse to take a breath, blood or urine test upon request. If you agree to take the test, your license will be immediately suspended if you have an alcohol level of .10 or greater. In addition to the penalties listed above, the law requires immobilization or seizure of your vehicle after multiple convictions of DUI. No. of Offenses in 5 Years Impoundment of Plates Immobilization of Vehicle Vehicle Forfeiture Immediate Seizure of Vehicle 1st Offense No No No No 2nd Offense 90 Days 90 Days No Yes 3rd Offense 180 Days 180 days No Yes 4th Offense or more Non No Yes Yes Please keep in mind that if you own the vehicle, but were not the person driving under the influence, your vehicle may be immobilized or seized according to the above chart if you knew the driver was intoxicated. There are "innocent owner" exceptions, and you should consult and attorney to protect your rights. The Defense Defending a person charged with DUI is a complex matter. It is just as complex for the Government to obtain a conviction. There are many requirements that the Government must meet in order to obtain a DUI conviction. As each case is different, you should consult an attorney as soon as possible to ensure that your rights are protected.
- Smith, Michele: TRAFFIC From illegal U-turns to DUI, if you have been cited for violating a traffic law and would like to learn more about your legal options, including your right to go to court to fight the ticket, you should contact our office for representation as more serious offenses like reckless driving or leaving the scene of an accident can impact your driving privileges. Having an experienced attorney on your side can help ensure that your legal interests are protected to the fullest extent possible.
- Calhoun, Kademenos & Childress: Ohio DUI/OVI Charges and Consequences If convicted of your first drunk driving offense, you may be subject to a minimum three days in jail or a confinement alcohol intervention program. You will receive a minimum six month license suspension and a $1,000 fine. Depending on the number of DUI convictions you have had in the past six years, the minimum consequences increase. Charges can be different depending on your blood alcohol content (BAC) level. In Ohio, you are legally intoxicated if your breathalyzer test registers a .08 BAC or higher. If you blow between .08 and .17, you will be charged with a low-tier OVI. Blowing above a .17 is a high-tier charge, which increases the severity of consequences. Breathalyzer Tests and Field Sobriety Tests Ñ Can I Refuse? On your first OVI offense, you can refuse to take a breathalyzer without being charged with a separate offense. However, you can be charged with a misdemeanor if you refuse on subsequent offenses. If you have been pulled over for suspicion of DUI, it is important to remember that you are not required to do field sobriety tests in the state of Ohio. Politely tell the officer that you are not intoxicated and prefer not to do the sobriety tests.
- Buckingham, Lucal, McGookey & Zeiher: It is imperative if you are accused of a criminal offense, that you immediately obtain an experienced criminal defense attorney to guide you through the system and to achieve the best results possible. Decisions made during the course of a criminal defense representation often determine whether one goes free or becomes incarcerated.
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