Sponsor Attorney Tim Huey
The Real Truth About DUI Arrests. And Why Many People Arrested Unnecessarily Lose Their License, Their Freedom, and Pay Big Fines
Even though you've been arrested for DWI, you don't have to let it ruin
your life. You may not realize it yet, but if you are thinking about simply
going to court and pleading guilty to your DWI charge you may be cheating
yourself. You see, a qualified attorney can review the case for defects,
suppress evidence, compel discovery of such things as calibration and
maintenance records for the breath machine, have blood samples independently
analyzed, obtain expert witnesses all of which may help you to win your case
at trial. To find out what you need to know about your DWI arrest I've
developed a website to give you a wealth of useful information . . .
information which will show you how you may be able to save your license and
your freedom . . . and possibly avoid fines, fees, and sharply increased car
insurance costs of as much as $6,800. For the most part, my
easy-to-navigate site has information on it which you can't get anywhere else
unless you are willing to do a great deal of legal research. When you're on
my site, you'll also learn how you can get a free, no-obligation consultation
where I'll review your case and show you how I may be able to save your license
and your freedom.
Ohio Drunk Driving Information
Search for Ohio DUI Defense Attorneys by County
Attorney Offices by
Municipality
- Akron
- Boardman
- Paul Gambrel:
Drunk
driving is considered a serious offense in
all
states. The DUI statute in the state where the
violation occurred will determine the extent of the
punishment for a first-time offender. Generally,
a
first-time offender convicted of the offense
(which
is usually considered a misdemeanor) is
ordered
to pay a fine and may be sentenced to a
minimum
term of imprisonment. A suspension
of his
or her driver's license will usually occur as
well.
There are certain "programs" available to
first-time offenders, which allow the defendant's
punishment to be decreased under certain
circumstances. Further, there are a number of
defenses to a charge of drunk driving that an
experienced attorney can raise on your behalf. If
you
cannot afford to hire an attorney, the court
will
appoint an attorney for you free of charge.
- Caldwell
- Jack Blakeslee:
DUI penalty chart.
- Canton
- Elizabeth Burick:
A charge of drunk driving, or DUI, is one of the most serious traffic
violations, and a DUI conviction can result in large fines, lengthy probation,
revocation of your driver's license, court-ordered alcohol treatment, and even
jail time.
In addition to your criminal DUI case, you will have a civil case which
determines if your driver's license will revoked or cancelled, and for how
long.
- Cincinatti
- Cleveland
- Columbus
- Dayton
- Hamilton
- Daniel Gehr:
f you have been charged with a crime, or traffic violation, your freedom may be at stake. Even if you are not facing prison or jail time, you may be looking at economic loss from fines and court costs, or the loss of your driving privileges should the court suspend your license.
- Brandabur & Bowling:
An arrest for DUI has potential effects that exist long after
disposition of your case. For that reason, ... give
no quarter when defending against allegations of driving under the
influence of alcohol or drugs of abuse.
- Mark Conese:
If you are charged with drunk driving, the charges can impact your insurance rates, your ability to drive, and you may even face jail time. It is important that you preserve your rights while protecting your reputation, regardless of the offense.
- Lancaster
- Andrew Stevenson:
There are two different criminal charges people usually face with respect to drinking and driving: (1) driving with an alcohol level over the legal limit (.08 for breath and blood; .11 for urine); and (2) driving under the influence of alcohol or drugs. If you are driving and test over the legal limit you will most likely be charged with both offenses. However, if you do not take a blood-alcohol test, test under the limits, or test positive for drugs, you will be charged with the under the influence offense.
In most cases an effective OVI / DUI defense of these charges begins with a challenge to the constitutionality of the stop, the proper administration of the field sobriety tests (the walk and turn, the one-leg stand, horizontal gaze nystagmus or eye test), the proper administration of your blood-alcohol test, and the reliability of your specific blood-alcohol test. This challenge is accomplished through the filing of a Motion to Suppress and an evidentiary hearing. The second step in defending these cases is centered on trial preparation, collection of favorable defense witnesses, evaluation of officeršs report, and cross-examination of the officer.
The severity of the penalties associated with conviction vary by the number of times an individual has been convicted of drunk driving / OVI in the last 6 years or within their lifetime. Penalties for a first time offense range from: 72 hours of confinement in jail or a driver intervention program to six months in jail, a $250 - $1,000 fine, and a 6 month to 3 year license suspension. However, the penalties substantially increase for those with prior convictions.
If your license has been suspended, you can receive the right to drive to and from work and for other necessary reasons while your case is pending. There is however, a mandatory suspension period of all driving rights that ranges from 15 to 90 days depending upon whether or not you took the alcohol-breath test and the number of prior convictions you may have. Speaking with an experienced OVI / DUI lawyer may help in eliminating the charges you are facing.
- Lima
- Jerome Doute:
There's no such thing as a simple traffic ticket. A traffic offense can
ruin your life and result in a civil law suit where you can lose
everything you own or even go to jail for years. Every license
suspension and/or DWI arrest begins with a traffic stop for a simple
traffic offense such as a burned out tail light or failure to use a
turn signal while changing lanes.
- Lorain
- Kenneth Ortner:
If you have been charged with driving while under the influence of alcohol, commonly called DUI, DWI, or OMVI, ... examine whether the field sobriety and other chemical tests were properly administered.
- Mansfield
- Bernard Davis:
IF YOU ARE STOPPED FOR DWI
Consider yourself a prisoner of war.
When stopped you must do the following:
-
Upon request get out of the car.
-
Identify yourself and if you have a license give it to the officer.
-
Go with the officer if you are arrested.
Once you have done this the police cannot make you do anything else.
Do Not:
-
Answer any question other than required above.
-
Refuse all tests at the scene-this includes looking at the pen(HGN), heel to
toe, one leg stand or any other field sobriety test the officer wants you to
do-these tests are designed for failure and will only be used to get a
conviction against you.
-
Refuse all breath, urine or blood tests-this includes the breath test that some
officers have in their car.
By refusing to perform these tests and answer questions you are depriving the
police of many tools they would otherwise have to convict you. Do not help
them.
- Deborah Mack:
If you have been charged with a DUI, make sure that your rights are protected.
Your rights are:
* To be issued a Miranda warning
* To be informed that the field sobriety tests are optional
* To request a blood test
The Government must:
* Prove that they have reasonable suspicion to pull you over
* Prove that they have probable cause to arrest for a DUI
* Prove that the officer followed the proper procedures
* In strict compliance with the field sobriety test for the following standard roadside tests;
* Horizontal gaze nystagmus tests
* Walk and turn test
* One leg stand test
We will fight to protect your constitutional rights and your right to a fair and impartial administration of justice. How?
* by investigating the site of the incident
* by intense investigation of the facts surrounding your case
* by legal research
* by technical search involving the Data Master breathalyzer test
* by technical search involving the Standardized Field Sobriety Test
* by requesting extensive discovery from the government attorney
* by then comparing their records with the facts that we have independently gathered
* by filing a motion to suppress the evidence against you and litigating that motion prior to your trial
* by trying your case in front of a jury of your peers
- Mason
- Mark Tillar:
DUI/DWI
If you have been arrested for suspicion of driving while intoxicated or driving under the influence of a controlled substance, you may feel remorseful. This is understandable. However, you still need to protect yourself. You may even be innocent. Mark provides aggressive representation in driving while intoxicated and driving under the influence cases.
- Middleburgh Heights
- Allen & Ramsey:
Being charged with a DUI / DWI or what is now known in Ohio as an OMVI (operating a motor vehicle while intoxicated) is a serious crime. Having an experienced drunk driving lawyer on your side is imperative. For 30 years, I have provided drunk driving defense to clients. There are serious punishments levied against individuals charged with a DUI / OMVI, including loss of license, severe fines, jail time, increased insurance rates, and a criminal record. Do not risk facing a DUI charge alone.
- Middleton
- Karen Horan:
DUI/DWI charges are much more than a mere traffic violation and should be taken seriously. It is essential that you choose an attorney to represent you, who has experience with DUI/DWI law in your particular state. You should ask potential attorneys about their background in this area of the law and about their outcomes in representing clients charged with drunk driving. Be curious, ask lots of questions, and make an informed decision. Challenging drunk driving charges is never easy, but an experienced attorney will recognize and address the weaknesses in the case against you.
- Newark
- Robert E. Calesaric:
If you have been arrested and ticketed for Operating a Vehicle under the Influence (OVI), sometimes referred to as OMVI, DUI, or DWI, your driving rights are in jeopardy.
It is important to understand how seriously these charges threaten your ability to keep your driveršs license. You need an experienced criminal defense attorney to help you navigate through this tricky legal minefield. However, remember that many people fail a breath or blood tests and they are not eventually convicted.
A drunk driving charge is both urgent and complicated. It is vital that you get an experienced DUI attorney involved as soon as possible. You must request a license hearing within 30 days of the arraignment, and it is best if you contact an attorney before your arraignment. Because OVI or DUI cases can be so complicated, it is important to find a criminal defense lawyer who has practiced in the area enough to understand all of the legal technicalities.
- New Carlisle
- Brichacek &
Glew:
YOUR RIGHTS IF QUESTIONED, STOPPED, OR ARRESTED BY THE POLICE.
- North Royalton
- Jim Skelton:
The first move should be obvious... Stop, think, and call a good lawyer as soon as possible.
When you are arrested...the State of Ohio is accusing you of committing a crime...something which is punishable...something that might put your liberty at stake and take you away from your family, friends and loved ones.
Treat the matter seriously. This is not the time to joke around or play know-it-all.
Now, generally, most law enforcement personnel are some of the nicest people you might ever want to meet. However, one of the main functions of their job is to elicit information from you. They may befriend you. They may lie to you. They might trick you. They might even threaten you.
What you need to know is that, generally, they are not eliciting this information for your benefit. Law enforcement personnel work for the State of Ohio and that officer is probably looking for information that will help their case AGAINST you.
- Port Clinton
- Terrance Rudes:
Faced with a DUI, especially a first offense, it would be natural to
ask "Do I need to hire an attorney?". Technically, the answer is no. There
is no requirement in Minnesota that a person charged with DUI be
represented by an attorney. There are, however, many reasons why it is
usually best to be represented by an experienced DUI defense attorney.
Often a person charged with DUI feels guilty. He knows he was drinking and
driving, and may even feel it would be somehow inappropriate to "fight
it". He might assume that the officer was experienced and followed correct
procedures, and that the state has an "open-and-shut case against him.
Even so, it is still in that person's best interests to have good legal
representation.
- Salem
- Jennifer Gorby:
Typical cases involve felony and misdemeanor defense, traffic law, driving under the influence (DUI), domestic assault and domestic violence, divorce, dissolution, child custody, child support, estate planning, wills, trusts, and probate, to name just a few.
- Springboro
- Kirby & Thomas:
The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury (or judge) must be convinced beyond a reasonable doubt that the person's blood alcohol content (BAC) exceeded a certain amount.
- Stow
- Richard
Martin:
If you must enter a "plea" prior to consulting with counsel always
plead NOT GUILTY. This is a legal term of art that is designed such that
if you think you may be guilty, to say NOT GUILTY would be a lie. This
linguistic problem obviously helps law enforcement. Don't by into it, NOT
GUILTY means "State, prove that I am guilty" and no more.
- Toledo
- West Lake
- Hunt & Cook:
Being charged with drunk driving (OVI / DUI) is one of the most feared experiences of nearly everyone. Very often traffic stops for drunk driving will also result multiple additional charges, including moving traffic violations such as speeding and reckless operation as well as added alcohol related charges such as BAC (excessive blood alcohol content) or driving under suspension. During this nightmare you need a competent attorney to stand with you to protect your rights.
- Worthington
- Shawn Dominy:
If you are convicted for D.U.I., the possible penalties include jail
time, a fine, a driver's license suspension,
seizure/immobilization/forfeiture of your vehicle and impoundment of
your plates, as well as six points on your driver's license. You will
also be required to pay a license reinstatement fee and maintain proof
of insurance with the Bureau Of Motor Vehicles, which will likely
result in obtaining high-risk insurance. The mandatory minimum
penalties and the severity of your sentence depend on how many
times you have been convicted of D.U.I. in the last six
years. The following table summarizes the possible
penalties for D.U.I, based on the number of convictions within six
years. Please note that, if the result of your breath or blood test is
over .17, or if the result of your urine test is over
.238, the minimum mandatory jail sentence is
doubled. Note also that there are variations to these
penalties, and the penalties are occasionally changed by the state
legislature.
- Vandalia
- Wadsworth
- Kevin Ondrey: ,
If you are questioned, stopped, cited, or arrested by the police, it is very important that you seek legal advice from a criminal defense attorney as soon as possible! Ideally, you should seek legal advice before you are even questioned. It makes a criminal defense attorneys job much easier when they can assist in pre arrest strategies. You may refuse to answer any questions and contact a criminal defense attorney if the answer would tend to incriminate you. If you try to cooperate by answering questions without a criminal defense attorney's advice, you may create difficulties for your criminal defense attorney in defending you later. Generally, if you seek legal advice early in the process, it will aid your criminal defense attorney in your defense.
- West Chester
- Lyons & Lyons:
"Operate" is a broader term than driving. It includes not only a person being in control of a vehicle while it is in motion, but also a person, whether conscious or unconscious, in the driver's location in the front seat of a stationary vehicle so as to be capable of doing any act or series of acts which could or contribute to the vehicle being put into motion. It is not necessary to prove that the person in the driver's location of a stationary vehicle ever had the vehicle in motion or intended to put the vehicle in motion. "Operation" includes a person who is in the driver's seat with the ignition key in the ignition whether or not the engine of the vehicle is running. Ohio Jury Instruction 545.25, §2 & State v. Gill, 70 Ohio St.3d 150 (1994).
- Xenia
- Charles Rowland:
When an individual is taken to the police station he or she will be
asked to submit to a blood, breath or urine test. The suspect does not
have the right to pick which test he or she will comply with. By far the
most common method for testing is the breath test. Law enforcement prefer
this test because it is convenient and immediate results are obtained.
Competent trial counsel will be familiar with how the breath test is
conducted by the officers in the jurisdiction and have a familiarity with
the devise used to conduct the testing. The Department of Health is
responsible for devising the testing method for the admissibility of blood
breath and urine tests. These rules are found in the Ohio Administrative
Code at OAC Chapter 3701-53. Experienced counsel will also be familiar
with the rules as set forth in the OAC.
- Youngstown
- Joseph Rafidi:
An arraignment is a formal way of informing you of the allegations against you. Arraignments typically occur shortly after arrest in the court where the indictment was filed. This is usually your first appearance before the court.
- Zanesville
- Jeff Pattison:
IF YOU HAVE BEEN ARRESTED OR CHARGED IN OHIO WITH A DRUG OR TRAFFIC OFFENSE, YOU CANNOT AFFORD TO WAIT.
Decisions you make now can have a profound effect on the outcome of your case.
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