Columbus DUI Lawyers know what to look for in defending a DUI / OVI charge. Attention to detail is the key to successfully challenging your charge. Below are some of the issues we can assist you in defending your DUI / OVI charge:
1. Validity of Initial Stop:
A DUI / OVI charge generally starts with an initial traffic violation stop. The police officer must have “reasonable suspicion” before he/she may pull over your vehicle. We can assist you in challenging the validity of the stop. If the police officer did not have the authority to pull you over, your case may possibly be dismissed.
2. Legality of the “Field Sobriety Tests'"
Once pulled over, the police officer must then gain “reasonable suspicion” that you have been drinking. Police officers typically gain this suspicion by a number of clues such as, glassy red eyes, slurred speech, an odor of alcohol about your presence or person, etc. Upon confirming their suspicion that you have been drinking, the police officer is authorized to ask you to step out of your car and require that you perform a number of performance tests. These tests are called field sobriety tests and include the following: Horizontal Gaze Nystagmus (HGN), Walk and Turn, and One Leg Stand. Columbus DUI Lawyers can assist you in challenging the validity and admissibility of these tests. If the police officer was not certified to administer these field sobriety tests, or if the tests were not administered pursuant to the procedures set out in the Ohio Revised Code, the evidence obtained can be suppressed and ultimately may lead to the DISMISSAL of your case.
3. Illegal Statements Made by the Defendant
Upon completion of the field sobriety tests, if the police officer concludes that there is “probable cause” to arrest you for DUI / OVI, the officer can place you under arrest and have you transported to the police station. Upon arrest, the police officer must read you your constitutional rights. They must inform you that you have the right to remain silent, anything you say can and will be used against you; you have a right to an attorney, and if you cannot afford one, one will be appointed to you. We can assist you in challenging the admissibility of your statements while in custody. Upon invoking your rights, any involuntary statements made by you that were
obtained in violation of your 5th Amendment right against self-incrimination, and/or your 5th & 6th Amendment right to counsel as applicable under the 14th Amendment may not be used as evidence against you and can be suppressed.
4. Validity of Breath/Blood/Urine Test
Upon being transported to the police station, the police officer will request that you submit to a breath, blood, or urine sample for testing to determine the level of alcohol in your system. The most common test for alcohol is the breath test. If you consent to the test, you provide a sample of your breath by blowing into a breathalyzer machine. Such test must be administered in accordance with the time limitation and regulations of the State of Ohio. Additionally, there are strict standard “calibration” procedures that these machines must go through in order for the results to be admitted into trial. Columbus DUI Lawyers know how these machines are to be used and maintained. If the police do not follow strict procedures in the use and maintenance of these machines nor administer the test within the statutory time frame, the evidence obtained can be suppressed.
5. Administrative License Suspension (ALS)
If you refuse any chemical testing, or test over the legal limit of Blood Alcohol Concentration (BAC), this will result in an immediate suspension of your license by the Ohio Bureau of Motor Vehicles. This is called an Administrative License Suspension (ALS). Columbus DUI Lawyers know the limited statutory and constitutional bases in appealing the ALS suspension, how to go about requesting driving privileges, and the procedure for reinstating your license.
6. Impoundment of your Vehicle
If you are arrested for DUI / OVI the arresting police officer can seize your car. If this is your first offense, you will probably be able to retrieve your car the next day. If this is your second offense or more, we can assist you in obtaining a release from the court for your car.
7. CDL Suspensions
Effective 2005, any person driving a non-commerical vehicle but possessing a CDL charged with Ohio DUI / Ohio OVI will result in CDL sanctions. For instance, being charged with Ohio DUI / Ohio OVI in your family owned car will be just as devastating to your CDL as if you were driving your commercial vehicle.
You will be placed out of service for 24 hours and then court and/or BMV sanctions may trigger depending upon your record
Sometimes it is better to take a test if you are a commercial driver and hold a CDL. Again this will depend upon your individual situation, so contact our office immediately to find out your rights.
As of 2005, DUI arrests in private vehicles will impact your CDL. It is of the utmost importance that your attorney completely understands the 2005 CDL amendments.
Current Issues (2006) for CDL and Ohio DUI / OVI laws:CDL OVI laws apply to private vehicles being driven by CDL holders
On August 17, 2006, Ohio law expanded the testing period from 2 hours to 3 hours. However, legislature did not amend the CDL statute so it remains a 2 hour window (TAKE NOTE: this will eventually get amended with little or no notice.)
Refusing a blood / breath / urine test in a commercial vehicle results in a 1 year CDL disqualification. Also, commercial refusals are separate crimes (Ohio R.C. 4506.15(A)(7)
A Second Refusal (in a lifetime) is a lifetime CDL disqualification.The Ohio BMV is currently disqualifying CDL prior to disposition of DUI cases (for a positive test OR refusal). Appeals need to be made under O.R.C. 4506.17 and request a hearing.
If you are stopped for a DUI/OVI, should you take a Field Performance or Breath Test?
» Field Performance Tests
In Ohio, there are several field performance tests that a police officer may use to gather evidence against you the accused. Among the many tests administered by police officers are walking a straight line and turning (AKA “walk and turn”); horizontal gaze (HGN); one-leg stand; etc. FIELD SOBRIETY TESTS SHOULD BE REFUSED. These tests are used to gather evidence against you. You are not going to get any special treatment (no matter how much the officer says he will help you) if you submit to these tests. For the officer to say “if you cooperate I can help you out” is disingenuous at best. They are not really attempting to see how drunk you are or if you were under the influence of alcohol at all. They have already made up there mind by your driving, your breath, your eyes, the smell of alcohol and other observation before any formal tests are requested of you. The field tests are an attempt to solidify there position if the case happens to go to trial.
YOU DO NOT HAVE TO TAKE FIELD PERFORMANCE TESTS. There is no additional consequence if you refuse these tests. They will likely arrest you anyway. Tell the officer you would like to do the tests, but your attorney advised you not to. Alternatively, tell the officer you want to contact your attorney before performing any tests. More likely than not, you will fail these tests. And stating that you couldn’t pass the tests sober is NO excuse. Furthermore, the officer could state you failed the tests, even if you truly believe you passed. The officer’s word is always going to carry more weight than yours. Be aware that you are likely scared, nervous, tired, and possibly under the influence of alcohol. You do not know the standard to pass these tests and you are being evaluated by an officer who has done and observed thousands of individuals in your exact situation. With every step you take, every turn you make, and every test you submit to, it is making our job more and more difficult.
Columbus DUI Lawyers certainly do not condone drinking and driving. And we advise everyone to designate an individual that is sober to drive. However, we do understand that drinking and driving does happen and will continue to happen. A DUI is not more prominent in one gender, profession, race, or age group than it is another. It is a serious offense that carries serious penalties. And for many, it can cost you your job and livelihood. We can and will help.
» Breath, Blood, or Urine Tests
Sometimes you will have no choice but to submit to THESE tests. If you are unconscious, if you require medical assistance, or there is a search warrant. Moreover, if you have a CDL, there may be serious consequences in refusing any of these tests (refer to DUI / OVI Rights).
There are various factors to consider when determining whether or not you should submit to any of these tests.First and foremost, always try to contact your attorney for advice. In fact, inform the officer that you would like to speak with your attorney before you submit to any of these tests to ensure you know your rights. Make sure your attorney is well versed with these laws and the consequences to you for failure to take any of these tests.
Most likely you will lose your driver’s license and ability to drive for refusing. This is because legislators and courts know how essential it is to get this type of evidence, so laws were passed to separately punish you for refusing to submit to some of these tests. Fortunately, more often than not you will receive driving privileges after a short period of time. Of course, these privileges will be based on your own individual circumstance. In addition, your attorney will need to file for driving privileges with the judge. If you cannot immediately speak with your attorney, you need to consider how much you had to drink before deciding on whether or not to submit to these tests. If you feel that you will be over the legal limit and therefore guilty of a DUI / OVI, you probably should not take the test. In Ohio, if you reach a certain limit, the penalties are enhanced (refer to DUI / OVI Penalties). A high test in Ohio is approximately double the legal limit of .08. At the very least, if you do not take the test it is impossible for the officer and court to determine just how far you were over the limit. Therefore, your punishment cannot be enhanced due to a high test.
In the heat of the moment it will be difficult to make these decisions. For this reason you should make every effort to contact Columbus DUI Lawyers as soon as possible. We know what to do and we will know what you should do. If your test result is above the legal limit, it is extremely important to contact an experienced attorney. Unless the officer administered the test improperly, the test results can and will be used against you. It will be devastating to your case and will probably be all that is needed to convict you of a DUI / OVI in Ohio.
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