Dayton DUI Lawyers
- 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 driveršs 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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