Accused of a violation of the Ohio DUI Law and you are usually charged with:When a driver is accused of violating Ohio’s DUI law, they are typically charged with two violations:
- Being under the influence, requiring the prosecution to prove the driver’s ability to operate any vehicle was impaired, to a noticeable degree by alcohol and/or drugs.
- If a breath, blood or urine test was taken and the results showed a prohibited level of drugs and/or alcohol then the person is most likely charged with another DUI violation – Operating with a prohibited level of alcohol and/or drugs.
The prosecution may try to prove that the accused was both under the influence and at a prohibited level, but only one can be used for a sentence. If the testing is refused, penalties can be increased and sometimes law enforcement will file an additional charge of DUI Refusal. The burden of proof is on the prosecutor. They must prove that the accused was under the influence as being a part of the DUI Refusal charge. When the test is refused in this type of case, it is much harder for the prosecutor to prove the case, especially if the accused was pulled over for a technical infraction. Law Enforcement must have a valid reason to stop a driver. They must truly believe that the driver is breaking some law – any law, or the case will be thrown out. Law Enforcement must have had a reasonable suspicion that the accused was under the influence to arrest for a DUI.
The accused may refuse tests and not answer questions. At this point, a good criminal defense attorney needs to be called to protect your freedom and liberty. The attorney will be able to spake for you to Law Enforcement in ways that the accused might never be able to do.
The Bottom Line: Facing criminal charges is not easy for you or your family. It is a time of great uncertainty about not only the present, but the future. Having a criminal defense attorney who is passionate about protecting your rights is the key to minimizing the damage of this situation. Put my number in your mobile, call me anytime. 513-260-2099