Just because you have been charged with an Ohio DUI doesn’t mean you are guilty, nor does it mean you can’t possibly beat the charges. There is ALWAYS an aggressive and effective strategy that will help defeat the charges against you.
The Fourth Amendment to the United States Constitution prohibits the government from conducting “unreasonable searches and seizures” and requires that any search or seizure be base on probable cause. If a police officer stops your vehicle, you have been “seized” under the law and the state is required to prove that there was “reasonable suspicion” to support said stop. Then, if the officer decides to arrest you, the state must show that there was “probable cause” to justify the arrest. Generally, one indicator of impairment alone, such as the smell of alcohol or glassy eyes, with out additional evidence of intoxication, is insuffiecient to establish probable cause to the arrest.
You must be read your Miranda Rights before questioning. Understand you have the right to remain silent. Anything you say can be used against you in court. You are entitled to an attorney. If you are arrested and questioned without being read the Miranda Rights, I should be able to suppress any statements you made to the police during the interrogation.
If the breathalyzer was used, this is one of the most common ways of contesting a OVI/DUI charge – to challenge the test upon which the state relies to prove the accused’s level of intoxication. There are so many different ways I can challenge these results. Ohio requires the breathalyzer machine used to be maintained and calibrated every 7 days and the failure to do so may result in the exclusion of the results of any testing that was done. Some Ohio courts have recently opened the door to previously precluded challenges of breathalyzer results obtained using certain equipment.
Even if it’s not possible to get your case dismissed completely, I, as an experienced OVI/DUI attorney, will be able to negotiate with the state to reduce the charges or penalties faced. Successful plea bargaining usually involves entering a plea of guilty to a lesser traffic offense, such as reckless operation which would give the benefit of avoiding an OVI/DUI conviction on your record.
The Bottom Line: There is always hope. I have helped numerous defendants get their OVI/DUI charges dismissed. If you have been charged, call me, I may be able to get your case dismissed. Put my mobile number in your phone: 513-260-2099
[…] A drunk driving arrest in Ohio is more than a simple embarrassment: drunk driving charges can seriously affect your livelihood by the loss of your professional license or the way to get around town to do business, your financial security and your freedom. If convicted, your driver’s license will be suspended; you will have fines and mandatory incarceration. There will be complications involving the Ohio Bureau of Motor Vehicles to get your license back to valid status, and quite possibly your job may be at stake. […]
[…] you need a criminal defense attorney in Ohio or Kentucky? Are you facing criminal charges – of any kind? You need to understand the charges brought […]