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DUI Stop: What To Do (and not to do) When Pulled Over

July 28th, 2010

You’ve been stopped for a DUI and your heart is pounding a mile a minute. The officer has tried to engage you in conversation, but you’ve managed to keep your cool. Now what?

You will most likely be asked to step out of your car and your Columbus Ohio DUI lawyer suggests that you comply. Shut your car door behind you and lock the door. You will probably be challenged about this and asked if you have something to hide. In this case, silence is golden. Simply answer, “I’d rather not say.”

The officer may say, “You don’t mind if I take a look, do you?” Your response should be  “I do mind. I do not want you to search my car.” The officer may threaten to have your car impounded, but if you have alcohol on your breath, you’re already in for a trip to the police station or hospital. Plus, impounding is much cheaper than a DUI fine. If the officer asks you to open any part of your car, the best response is simply, “Are you asking me or telling me?” If he says he is asking, refuse. If he says he is telling you, your Columbus Ohio  DUI lawyer recommends that you comply.

The officer may tell you to do things, like “look up in the air while touching your finger to your nose” or “stand on one leg and count to ten” or “recite the alphabet backwards” or “walk a ‘heel-toe’ test on a line.” You may feel like you have no other option other than to perform the tests, based on the tone of the officer’s voice. You are allowed to refuse to do them, despite the officer’s attempts to convince you otherwise. Police are trained to use their voices as their first and most effective means of controlling suspects.

You should refuse to do each of the tricks in as few words as possible. You are not required by law to perform these field sobriety tests. The only reason the officer asks you to do them is so that when you fail one or more, he can put it in his report as additional evidence of your intoxication. You would probably fail at least one of them when sober anyway.

You may next be asked to blow into a handheld portable breathalyzer. This is called a “preliminary breath test,” which you should refuse as well. Consenting to the test allows the officer to put your failure in his report and beef up his probable cause to arrest you for DUI. Remember: you cannot lose your license for refusing to take a “preliminary breath test.” Instead, your Columbus Ohio DUI lawyer recommends that you consent to a blood test being taken at a hospital.   Depending on how long it takes, your body size, and how long since you drank any alcohol, your test results may give your Columbus Ohio DUI lawyer ammunition to have the charges dropped.

But remember to always be courteous to the police officers.  You do not want a resisting arrest or disorderly conduct charge added to your court case, especially if you have a shot at getting your DUI dismissed.  Your Columbus DUI lawyer is ready to assist you when you have a need.

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What to Say if You Get Stopped for a DUI

July 20th, 2010

You’ve been out with friends and had a drink or two.  You may or may not be legally intoxicated, but you get behind the wheel.   Next thing you know, there are red, white, and blue lights in your rearview mirror. Your hands begin to tremble as you pull the car to the side of the road and figure out what you’re going to say to the officer when asked if you’ve been drinking.

Rather than try to talk your way out of it, keep your wits about you. This is may be very difficult, but it’s critical. Your Columbus Ohio DUI lawyer recommends that you be polite and courteous at all times. Police perform a dangerous and difficult job, and approaching a strange car at night with no backup is stressful for them as well.  If you spout out in anger, you could get yourself in more trouble.  Just stay calm.

Next, you should have all of your driving, registration, and insurance information handy.   Do NOT reach for your glove box or wallet until the officer has reached your window.  Roll down the window, keep your seatbelt on, and wait.  Once the officer reaches the window, wait until he asks for your information.  Then tell the officer that you have to reach across to the glove box and reach for your wallet.  It’s a good idea to keep your registration and insurance information in a distinctive envelope on top of everything else in your glove box so you do  not fumble.  The officer will be looking at your every move, so make it easy on yourself and be organized.

Next, you should avoid talking any more than absolutely necessary. The police are looking for you to slur words.

You may be asked things like “Do you know why I pulled you over?” The best answer is “no.” This is actually a question that is designed to get you to admit that you were speeding or that you went through a red light or something similar. Your Columbus Ohio DUI lawyer recommends that you not fall for it. You may be asked where you are going or what you are doing out so late. You do not have to answer the questions.

The officer will probably be shining his flashlight through your window into your face with the light about a foot or so from your face, blinding you. This is classic interrogation technique that helps the officer control the situation from a tactical standpoint. It also lets the officer get close enough to smell your breath, clothes, and car.

You may be asked if you were drinking. If you admit to drinking, you’ll get the full treatment. If you lie, you could face additional charges. You should simply answer, “I’d rather not say.” If the officer asks you to blow in his face, you do not have to comply. If he asks you how much you’ve had to drink, you should simply say “I’d rather not answer.” Saying “I forget” implies that you were drinking so much you can’t remember.

If you are asked to take a breathalyzer test or a field sobriety test, you can refuse, but be aware that you will immediately have your license suspended.  Often, it’s better to take the tests.  If you are calm and have not been drinking in the past few hours, you just might pass the tests or there may irregularities in the testing that can be challenged later.

If you are stopped on a suspicion of drunk driving and are arrested and charged, you need the guidance and expertise of an experienced Columbus Ohio DUI lawyer.  It’s a good idea to have our phone number in your wallet so it’s available when you or a friend need it.

But remember, don’t drink and drive.

Tags: columbus ohio dui lawyer, DUI, DUI Legalities, field testing
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It’s Just a Few Drinks. What’s the Big Deal?

July 12th, 2010

You spend an evening with friends and have a few drinks. At the end of the night, someone is trying to take your keys, insisting that you shouldn’t drive. You climb into your car, insisting that you’re fine. You just had a couple of drinks. Why is everyone hassling you? You can drive just fine, right? Or can you?   If you drive after drinking, you may have to call your friendly Columbus Ohio DUI lawyer.

One of the reasons drunk driving is such a concern to police is that it is an offense committed by a broad spectrum of the population, including those who are otherwise generally law-abiding. According to research reviewed by your Columbus Ohio DUI lawyer, an estimated one-fifth to one-fourth of U.S. drivers admit to having driven after drinking at least once within the past year, and about five percent estimate that they were legally impaired.  

Considering the high traffic volume during this period, it is clear that there are a lot of impaired drivers, especially compared to the limited law enforcement resources that are available to investigate suspected incidents of drunk driving.

Something else to keep in mind – when you drink and drive, it doesn’t just affect you:

  • Drivers, passengers, and pedestrians are killed and injured.
  • Injured people, their families, and their employers suffer financial losses when an injured person cannot work.
  • Vehicles are damaged and destroyed.
  • Other property, such as trees, utility poles, highway signs, and buildings, are damaged and destroyed.
  • Motor vehicle insurance rates rise.
  • Traffic flow is impeded by crashed vehicles.
  • Other drivers may avoid driving at certain times out of fear for their safety.
  • Police resources are consumed enforcing drunk driving laws, thereby reducing the resources that are available for other public safety problems.
  • Police, fire, emergency medical, and hospital resources are consumed treating the victims of drunk driving crashes.
  • Court and jail resources are consumed prosecuting and incarcerating drunk drivers.

 

Alcohol is a primary factor in a large number of fatal traffic accidents. In fact, the number of U.S. alcohol-related traffic deaths is roughly the same as the number of homicides. If you are pulled over on a suspected DUI, you need the tenacity and expertise of your Columbus Ohio DUI lawyer to minimize the potential damage to your reputation and career.

Best advice:  Have a sober designated driver.  If not, you may have to use the services of your Columbus Ohio DUI lawyer.

Tags: columbus ohio dui lawyer, DUI enforcement
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When Will My DUI Come Off My Record?

June 30th, 2010

Unfortunately, a DUI conviction is something that will never completely go away – that is, unless your Columbus Ohio DUI lawyer is successful in pleading you down to a different charge.  Provided there were no injuries or heavy damage, many DUI arrests can be plea-bargained to be a misdemeanor.  Then, and only then, will your DUI arrest be eligible to be expunged.

An expungement is a type of lawsuit in which the subject of a criminal investigation or proceeding asks that the records of that earlier process be sealed or destroyed, thus restoring the defendant’s name and reputation. During the expungement process, the petitioner may choose to hire a Columbus Ohio DUI lawyer to guide them through the process, or he/she can decide to represent themselves, which is called appearing pro se.

When records of an arrest or conviction are expunged, the records are strictly off limits from inquiries, with the exception of law enforcement purposes.  Once the case is expunged, a person can typically go about their business, as though the initial case never happened. While the rules about eligibility and extent for expungement vary from state-to-state and on a case-by-case basis, first-time offenders can often have their first minor offense sealed.

While expunging a DUI case may seem like a hassle, remember this: expungement of a DUI arrest and resulting plea is liberating. It may mean not having to disclose it on a job application.  Expunging a DUI arrest may mean the difference between passing a background check, or not. Rest assured that your Columbus Ohio DUI lawyer will fight for your rights.

It is commonly believed that a DUI will only remain on your record for a maximum of 10 years.  Actually, a DUI arrest cannot be used against you in another criminal proceeding after 10 years, but it will actually remain on your criminal record indefinitely for employers, credit bureaus, and government agencies to see.  That’s another reason why you need good, solid, aggressive legal representation, like your Columbus Ohio DUI lawyers, to fight for you.

Tags: columbus ohio dui lawyer, DUI, DUI Legalities
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History of DUI Laws

June 16th, 2010

The first recorded arrest for drunk-driving was in London on 1987.  Apparently, a cab driver named George Smith ran off the road and into a building.  Records show he pled guilty and paid a fine of 25 shillings.  It is unclear exactly what law he broke, because there was no DUI law at the time.

The United States didn’t get involved until 1910, when New York became the first legislature to pass a law prohibiting driving while intoxicated.  California soon followed suit, with other states quickly jumping on board.   These early laws based convictions on testimony of law enforcement of their visual assessment of the driver’s actions and reactions.  These early laws set the minimum legal drinking age at 21.

After Prohibition was lifted in 1933, more concern was focused on scientifically proving blood alcohol content.  Finally, in 1936, Dr. Rolla Harger, a professor of toxicology and biochemistry at Indiana University, patented the Drunkometer. This balloon like device, which people breathed in to, was used to determine whether or not someone was inebriated. 

Norway was the first country to adopt a “per se” law that presumed you were drunk if your blood alcohol content was over a certain level.

In 1953, Robert Borkenstein, a former police captain and Indiana University professor of forensics, enhanced his colleague’s design and invented the Breathalyzer. This machine used chemical oxidation and photometry to determine alcohol concentration. Blow into the machine and alcohol vapors in their breath are analyzed to show the level of alcohol in the blood.

The Breathalyzer was easier to use and more accurate than the Drunkometer, which made it the perfect test for police officers to use when determining whether someone had too much to drink.

Despite the advances in blood alcohol testing, it was not until the 1970’s that the public really began to focus on the dangers of drinking and driving.  Many states in the early 1970’s reduced the legal drinking age to 18, 19, and 20.

Public outcry reached a fever pitch in 1980 when the 13-year-old Cari Lightner, daughter of Candy Lightner was struck and killed by a drunk driver as she walked home from a school event.  The driver had three previous DUI convictions and was out on bail from a hit-and-run arrest only two days earlier.  Mothers Against Drunk Driving, or MADD, was born.

MADD, and a sister organization, SADD (Students Against Drunk Driving) began putting pressure on legislatures to change the laws across the country.  The minimum legal age for drinking has been raised nationally to 21.  The penalties have been stiffened.  If convicted of a DUI, the driver faces penalties such as fines, jail time and the loss of their license.

If you are arrested for DUI, you need an experienced and professional DUI lawyer to assist you.  Your Columbus Ohio DUI lawyer is ready for your call.

Tags: blood alcohol level, breathalyzer, DUI, DUI Legalities
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DUI Impact on Your Professional Career

May 27th, 2010

Being arrested on the suspicion of driving while intoxicated can threaten the livelihood of anyone, but if you are in certain professions, it can be a career-killer as well.  If you are in one of these professions, your Columbus Ohio DUI lawyer has to work doubly hard to work out a non-DUI conviction resolution.

Among the professions with the most stringent requirements and penalties, not surprisingly, are over-the-road truckers and anyone else who carries a CDL license, such as taxi, limo and bus drivers.  The Bureau of Motor Vehicles has the authority to suspend your CDL license immediately upon an arrest for the suspicion of DUI, even if you are driving a private vehicle. You can appeal the suspension after 24 hours, and it is a good idea to so do.  Your Columbus Ohio DUI lawyer can assist you with the process.

Also, the law has made it a separate criminal offense for owners of a CDL license to refuse a blood/breath/urine analysis.  Refusal to take a test will result in an automatic 1-year suspension of your CDL license, even if the underlying DUI arrest is eventually dismissed.  So CDL license holders would be well-advised to submit to any testing requested by the arresting officer.  Longer suspensions may be imposed upon findings that your blood alcohol content (BAC) exceeds certain levels.  A second refusal in a lifetime will result in a lifetime disqualification for a CDL license.  All data concerning CDL licenses are shared on a national licensure database, so every other state will have information concerning your CDL license status in Ohio if you apply for a license in another state.

There is an even stiffer penalty of you are a school bus driver.  Ohio law prohibits employment as a school bus driver for a period of seven (7) years for receiving a 6 Point Moving Violation.  The penalty for a DUI conviction is 6 points.  Your Columbus Ohio DUI lawyer is well aware of this provision and will strive to negotiate a resolution that does not allow 6 points to be attached to your record.

Another profession that is often highly impacted by a DUI arrest is Pharmacists.  The Ohio Pharmacy Board takes a very tough stance on crimes involving drugs, alcohol, and impaired judgment.  Depending upon your record of arrests (not just convictions), extra steps will often be necessary to protect your professional license. 

Teachers can also be in a precarious professional position if they get a DUI conviction.  The State Board of Education can limit or restrict their license and getting a job in another district may be difficult.  If you are represented by a Union, you should immediately contact your Union Rep and together with your Columbus Ohio DUI lawyer, a game plan should be devised to limit your sanctions, protect your job, and save your reputation.

If you are a student wanting to pursue a career in either pharmacy or education, a DUI conviction will make it very difficult to get that first job.  You may be the best student-teacher in the world, but many districts will not consider hiring you.

Tags: columbus ohio dui lawyer, DUI enforcement, DUI Legalities
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The Jailhouse Booking Process

May 18th, 2010

If you are arrested on a suspicion of driving under the influence of alcohol, one of the first processes you will get to see up close and personal is Booking.  Booking is the process which law enforcement uses to gather vital personal information about the individuals who have been arrested. It takes place at the county jail or criminal intake center.  It is during the booking process that you will be given an opportunity to contact your Columbus Ohio DUI lawyer.

Booking usually takes several hours.  In the middle, you may be arraigned or even released on bail, but you will not be permitted to leave custody until the booking process is completed.

There are six steps to criminal offense booking.  Step One is the Recording of Information.  You will be seated or stood before a clerk who will ask you a series of personal questions, including your name, address, date of birth, social security number, driver’s license number, telephone numbers, employers, emergency contact information and next of kin identification.  This process can often take up to 20 minutes to complete.  In most jails, the information is typed directly into a computer and the arrest record is created immediately.  Once the arrest record is completed, you will be given a suspect ID number. Typically, one question that is asked during the recording of information phase is identification of your Columbus Ohio DUI lawyer. This is when you will be allowed to make your telephone call to our offices.

Step Two is the Mug Shot.  We’ve all seen the more infamous unglamorous mug shots of celebrities.  The purpose of the mug shot is to provide an accurate picture of the suspect at the time of the arrest, including clothing, facial hair, bruises or scratches, etc.  They are also used to identify suspects with the same or similar names.  Your mug shot will be affixed to your records, so it will be seen by others.  Your suspect ID number will be associated with your picture.

Step Three is the cataloging of personal property.  Inside the jail, a suspect is not permitted to have any property on their person.  So all watches, cellphones, belts, bags, purses, or jewelry will be removed and placed in large plastic bags which are identified by suspect’s name and number.  You should receive a receipt for all items that are taken.  Upon release, the bag of personal property is returned.  However, if you had any illegal substances (like drugs) or instruments that had been used in a crime (like a screwdriver), those will not be returned.

Step Four of the Booking process is fingerprinting.  Depending on the jail, the fingerprints will either be taken using an ink pad and section card or now there are laser scanners that can capture and store the data quickly and easily.  All fingerprints gathered during a booking process are submitted to a statewide database and the national FBI database.  Once you have been booked once, your fingerprints will be on record forever.
Step Five is the Body Search.  Sometimes called a “cavity search,” the body search is invasive and sometimes humiliating strip search that will be conducted by an officer of the same gender as the suspect. Body searches are usually only required on suspects who will remain in jail after the booking process, and are meant to discover any contraband that the suspect might have brought to jail. The extent of the body search depends on many factors.

The final Step Six is a health screening and analysis.  The health screening is meant to protect jail officials as well as other inmates from communicable diseases, such as tuberculosis and AIDS. The police clerk or sometimes an onsite nursing assistant or aide will review your medical history and record any allergies, current prescriptions and health issues. Sometimes x-rays and blood work will be conducted if the suspect will be remaining in custody.

You are required to be cooperative during the booking process.  You typically cannot speak with your Columbus Ohio DUI lawyer during the process, but your attorney can be waiting to speak with you when the process is done.

Tags: columbus ohio dui lawyer, DUI enforcement, DUI Legalities, law enforcement
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Limited Driving Privileges After a DUI Arrest

May 12th, 2010

Following an arrest for DUI, the Bureau of Motor Vehicles almost always immediately issues an Ohio Administrative License Suspension.  If you need to have your driving privileges reinstated immediately to continue to go to work, school, or for medical reasons, you must contact an experienced Columbus Ohio DUI lawyer as soon as possible. 

The judge can grant limited driving privileges while the DUI case is pending if requested by the defendant. Under the law, limited driving privileges may only be granted for four specific purposes:  occupational transportation, educational transportation, vocational transportation, or medical transportation. The judge also has the discretion to grant limited driving privileges to allow a defendant to take or practice for a driver’s license exam or to attend court-ordered treatment.

The court will often take into consideration the other options the defendant has for transportation as well as the burden the suspension of driving privileges has on others.  For instance, a person who lives with his spouse who only works part-time at a neighborhood store that is on a convenient bus route may not get limited driving privileges, while the single woman who has to drive 30 minutes each way to work at a factory on a side road with no bus access may be more likely to be granted the right to drive.

Your Columbus Ohio DUI lawyer will typically make the request for limited driving privileges at the arraignment or first pre-trial hearing. Some counties require a separate hearing after a written motion is filed; others allow the attorney to make an oral motion and do not require a separate filing fee.

The likelihood of being granted limited driving privileges vary widely from county to county and from judge to judge.  Some judges and magistrates are liberal in granting these privileges, some are not. Some courts will not grant limited driving privileges, even though the law gives the discretion to do so, if a defendant refused a chemical test or for defendants whose tests were deemed too high.  Recurring offenders will also have a hard time convincing the judge to allow for any driving privileges.

Granting limited driving privileges is squarely in the discretion of the judge.  One important consideration the judge looks at is whether or not the defendant had automobile insurance in place at the time of the arrest.  If a defendant was driving without insurance in addition to possibly being impaired by alcohol, your chances of being awarded any driving privileges at all are virtually none.

 Your Columbus Ohio DUI lawyers will make the best possible arguments to minimize the impact a DUI arrest has on the other areas of your life. But you may lose your ability to legally drive for some time after a DUI arrest.  That’s why you need an experienced, knowledgeable attorney at your side.

Tags: columbus ohio dui lawyer, DUI, DUI enforcement, DUI Legalities
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Why the Timing of the BAC Test is Crucial in a DUI Case

May 4th, 2010

The most controversial evidence in many Driving Under the Influence of Alcohol (DUI) cases is the determination of the Blood Alcohol Level of the suspect as they were driving. As your Columbus Ohio DUI lawyer, we spend countless hours with clients trying to piece together as complete a timeline as possible of their drinking and eating activity immediately prior to their arrest. Often, it is the difference between a conviction and dismissal of all charges.

Federal law states that anyone driving with a Blood Alcohol Level (BAC) of 0.8% is deemed to be legally driving under the influence. States can set a lower limit if they want, but most states, including Ohio, follow the federal law.

So, why is this controversial? The police officer has a suspect take a breathalyzer test, it registers at 0.8% or above and that’s that, right? No. The BAC rises and falls over time and so the timing of the administration of the test is critical.

When alcohol is consumed, it passes from the stomach to the small intestine, where it is absorbed into the bloodstream. Alcohol is one of those few substances that does not chemically change in the body. The BAC is supposed to be a measurement of how much alcohol is in the bloodstream. Alcohol in the bloodstream has been scientifically proven to affect a person’s nervous system, causing impairment to a person’s normal neurological functions. Reflexes slow, speech become slurred, control over muscle coordination and balance decreases.
As the blood with alcohol circulates through the body, when it gets to the lungs, some of the alcohol evaporates through the lung membranes and is exhaled in the air from the lungs. The concentration of alcohol in the breath is related to the amount of alcohol in the blood. That’s what a breathalyzer test measures.

Many factors influence the speed at which the absorption of alcohol takes place, including body size (the larger the body, the slower the absorption rate), gender (females absorb alcohol significantly faster than men), body fat percentage (the more body fat, the more volume of blood, so the percentage of alcohol in the bloodstream is skewed), and the amount and type of food in the stomach (some foods absorb the alcohol in the stomach, slowing its progression to the small intestine). The nicotine in the body from smoking also affects the absorption rate.

To convict a person of DUI, the prosecution and the police must prove by clear and convincing evidence that the suspect was actually driving while their BAC was higher than 0.8%. It comes down to the timing. If a healthy weight male eats a heavy meal why drinking three alcoholic beverages and gets in the car and is immediately stopped by the police, it may be possible that his BAC is not yet at 0.8%, but in 45 minutes, after he has been questioned and has submitted to the various field sobriety tests, then he is tested and he tests at 0.8% or higher. This is a case that could be dismissed if your Columbus Ohio DUI lawyer can prove that there was not time for enough alcohol to be absorbed for an illegal BAC at the time of the initial stop.

But it sometimes happens the other way, too. That same gentleman stayed at the restaurant another hour and then gets stopped by the police. This time, after the 45 minutes of questioning and field sobriety tests, his breathalyzer results are a 0.6%. The prosecution will try to argue that at the time of the stop, it would have been 0.8%.

Ultimately, it is often up to the testimony of various medical and professional experts in looking at all of the factors which will determine if the BAC was above or below the legal limit. Your Columbus Ohio DUI lawyer works hard to make sure the facts are correct and that you are not wrongly convicted because of the timing of the BAC testing.

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Tags: blood alcohol level, breathalyzer, columbus ohio dui lawyer, DUI enforcement, DUI Legalities, field testing
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DUI Penalties: After Release from Jail

April 26th, 2010

Court involvement in your life after a DUI conviction does not end when you leave jail after serving your sentence. Believe it or not, you will probably need to continue your relationship with your Columbus Ohio DUI lawyer, too.  Most people are put on probation for some length of time after a DUI conviction

Probation is a period of court and law enforcement supervision.  You will be required to report to a Probation Officer on a regular basis, and be subject to drop-ins at your home or place of employment.  Your movements will be restricted.  For instance, many people on probation are not allowed to leave the state without first getting permission from the Court and/or probation officer.  You may be subject to random urine tests.  You will probably be required to attend counseling or a drug/alcohol rehabilitation program as a condition of probation.  If you do not follow the rules set out by the Court during your probation, you can be re-arrested and additional penalties can be assessed.

In addition to probation, many DUI offenders are ordered to provide a certain number of hours of community service.  This can be serving meals at a homeless shelter, picking up trash by the side of the road, or speaking at a Mothers Against Drunk Driving seminar.  Any sort of volunteer work can typically qualify. You will need to have someone in authority at the charity or organization provide the Court with a letter or other verification to fulfill this obligation.

You will not have driving privileges for a period of time after you are convicted of DUI.  Your Columbus Ohio DUI lawyer will argue to get you limited driving privileges so you can go to work, but that is left to the discretion of the judge. If you are awarded limited driving privileges, you will be required to display the yellow-with-red-lettering license plate, the “drunk tag” on your vehicle.  You will be required to drive only that vehicle.  At a minimum, your driver’s license will be suspended for 6 months after a conviction, but it could be for as long as three years after a first conviction.  Your license could be suspended for life if you have four or more convictions.

You will also be penalized with 6 points on your driver’s license for 2 years.  If during that two year period, you have more than one speeding violation, or other serious traffic law violations, your license suspension can be increased.

These are just some of the common penalties you will face.  Other sanctions that may be imposed by the Court include requiring the use of an ignition interlock, having your vehicle immobilized with a “boot” or possibly even being forced to forfeit your vehicle altogether.  And do you think that means the bank won’t still expect you to make regular payments?  No, you still have to pay for the car, even if it’s in the possession of the police.

DUI is a serious offense with serious consequences.  Your Columbus Ohio DUI lawyer will be able to help you understand the process and penalties if it ever happens to you.

Tags: columbus ohio dui lawyer, DUI, DUI Legalities
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DUI Penalties: Fines & Jail Time

April 19th, 2010

After a person is convicted for DUI — whether after a guilty plea, plea bargain, or jury verdict — the appropriate legal punishment is determined at the sentencing phase. Your Columbus Ohio DUI lawyer will fight for you to be convicted of lesser charges to reduce your penalties. Sentencing usually takes place almost immediately after a DUI conviction, with the sentencing judge receiving input from the prosecutor and the defense in some cases.

The sentencing judge will consider punishments and sentencing ranges identified in applicable statutes, as well as a number of case-specific factors. Judges take into consideration the Defendant’s DUI record and other criminal history, the impact the DUI had on any victims (especially when serious injury or death resulted), the Defendant’s personal and economic situation, and any regret or remorse shown by the Defendant.

A number of different kinds of punishment may be imposed by a judge on a person convicted of DUI. Punishment is usually a combination of three separate penalties, a monetary punishment (fine), a jail term, and follow-up to jail time. Today we are going to address the first two penalties: Fines and Incarceration.

Fines

Fines for a DUI in Ohio can range from a minimum of $375 to a maximum of $10,500. Yes, that is Ten Thousand Five Hundred Dollars. And yes, you can be re-arrested if you do not pay your court-ordered fines when required or the judge feels you are not making a good faith effort to get them paid.

Incarceration

There are two tiers of jail times in Ohio. The first tier is for mandatory jail time. If you are convicted, you MUST serve 3 days in jail for your first offense so long as your blood alcohol level was less than .17. If your blood level was .17 or higher, the minimum time you must spend in jail increases to 6 days. For your second offense, your mandatory jail time is 10 days. If you are convicted for a third time in a span of 6 years, you will be required to spend 30 days in jail as a minimum. For your fourth conviction, you will have to spend at least 60 days in jail. The judge has no option to release you from that mandatory time.

For some people, if there are no aggravating factors, the mandatory jail time is all they serve. But that is usually not the case. The judge has the discretion to add more time if he or she sees fit. For a first time offender, the judge can add on any number of days up to a maximum of 180 days. That’s six months of not being able to see your friends, your spouse, or your children except on designated visiting days. For many people, six months in jail means losing a job, losing an apartment, and gaining debt and bills. If you have prior convictions or aggravating factors, a judge could sentence you to serve as much as 30 months (2 ½ years) in prison for a DUI conviction.

Your Columbus Ohio DUI lawyer will argue for as little jail time as possible, but ultimately your jail term is determined by the judge.

Next week, we will examine the after-jail penalties that may be imposed after a DUI conviction.

Tags: columbus ohio dui lawyer, DUI enforcement, DUI Legalities
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What is Probable Cause for a Traffic Stop

April 12th, 2010

Despite what you may think, law enforcement is not allowed to just randomly stop drivers to see if they are drunk (except in very tightly controlled environments such as a sobriety checkpoint that must be publicly announced and must be of short duration). In all other cases, police must have probable cause to believe a driver is intoxicated before they can make a traffic stop. Probable cause is simply a reasonable belief that a crime is being committed. If you are stopped without probable cause, you need to speak with your Columbus Ohio DUI lawyer and have the charges dismissed.

So what types of activities may give an officer probable cause to pull you over? The driving behaviors that cause officers to suspect that the driver may be intoxicated can be divided into three general types: inability to maintain proper lane position, speed and braking problems, and failure to pay attention.

The inability to maintain proper lane position is by far the most common cause for a traffic stop on the suspicion of intoxication. This includes drivers who are seen making extra-wide turns, weaving in and out of traffic, swerving suddenly and without cause, or straddling a lane line. Usually, an officer will not pull you over from one incident (unless you almost cause an accident) but they will observe your car for a number of minutes. When you are intoxicated, you often do not have the hand-eye coordination and reflexes necessary to control your vehicle. If an officer sees your car swerve or it straddles a lane line for more than a few seconds, they may have probable cause to pull you over.

Speeding in and of itself is usually not a probable cause for an officer to suspect drunk driving. But couple excessive speed with swerving and dangerously weaving in and out of traffic, that could be a sign of trouble. One of the biggest giveaways to drunk driving, however, is driving too slow. Many intoxicated drivers do not realize they are driving significantly slower than the flow of traffic. Sudden braking, or failing to stop appropriately at a stoplight are also signs that the driver may be impaired.

The area of failure to pay attention is sometimes harder for an officer to detect, but if you catch their attention by doing things like unwarranted or inconsistent signaling, driving without headlights, backing into objects or nearly hitting other cars, or failing to yield, a judge will agree that they had a legitimate probable cause for a traffic stop. Illegal turns, tailgating, driving on the berm, or displaying a general lack of concern for your fellow drivers can all be used as probable cause for a suspicion of intoxication.

As soon as you are stopped, politely ask the officer to explain what activity they observed. This will give you a clue as to the probable cause they are relying upon to make the stop. If they do not have probable cause to make the stop, they cannot arrest you. If they do arrest you and your Columbus Ohio DUI lawyer discovers that there was no legitimate probable cause for the initial stop, your case will be dismissed and the charges dropped.

Tags: columbus ohio dui lawyer, DUI, DUI Legalities
Posted in DUI Law, OVI / DUI Lawyer | 1 Comment »

What is Bail?

April 5th, 2010

You’ve probably heard the term “bail” used on television law dramas, or you’ve seen Dog the Bounty Hunter go after criminal defendants who have “skipped bail.” But what exactly is bail?

Bail is simply the term used for a fee the court may impose on a criminal defendant to be released from jail. When arrested for a DUI in Ohio, most courts will allow you to be released on bail. Occasionally, a person can be released on his or her own recognizance without paying a fee. The sooner you talk to your Columbus Ohio DUI lawyer after your arrest, the sooner you can make your case for being released from custody.

Release from jail either way doesn’t release the defendant from the pending legal action, but allows them to be free while waiting for their day in court. When bail money is paid to secure a release from jail, a suspect is also promising to appear at future court hearings and any other required appearances. When a defendant does not appear as promised, they are deemed to have “skipped” bail, or “jumped” bail. This is when the bounty hunters come looking.

Sometimes bail can be paid immediately after the suspect is arrested and booked, and the person can leave jail immediately. Many violations like a DUI have a set bail schedule which determines the amount that must be paid. If the defendant has the amount needed in their bank account, or in a family or friend’s bank account, the bail can be paid and the suspect is released. Other time, however, a hearing must be held and a judge must decide whether bail should be allowed and set the amount of bail the court will require. This is when you need your Columbus Ohio DUI lawyer at your side.

The amount of bail or whether or not bail is allowed at all depends on several factors. In a DUI case, for instance, whether or not it is a first offense, any other past criminal history, and the severity of the alleged offense would be taken into consideration.  Bail may be set higher than the regular schedule or denied altogether if the person’s blood alcohol level was several times above the legal limit, or an accident occurred while the person was under the influence which caused serious injury to property or people.

A person’s current employment and family obligations may also be considered when determining bail.

When the bail is too high, a bail bondsman can post what’s known as “bond” to release the suspect from jail. A bond is much like an insurance policy the bondman issues to the court.  The bail bondsman is paid a fee in return for posting this promise to the court that the person will appear at any required hearings. The fee paid for this bond is usually a percentage of the actual bail amount, and can allow those who cannot afford bail to be released.   Your credit score may affect the amount of your bond and the percentage you must pay to the bondsman. You may also be required to provide the bond company some sort of collateral, like the title to your car, or a lien against any real estate you own. Your Columbus Ohio DUI lawyer can advise you on the best bond companies to deal with in Central Ohio.

Tags: bail, columbus ohio dui lawyer, DUI Legalities
Posted in DUI Law, OVI / DUI Lawyer | No Comments »

Columbus Ohio DUI Lawyers Protect Your Rights

March 28th, 2010

An arrest for drunk driving is more than a humiliating experience – it can be costly in many ways. If convicted, you will face hefty fines and jail time, plus lose your drivers license, as well as a portion of your dignity. However, despite changing laws and the number of offenses you may have, you still have rights.  The Columbus Ohio DUI Lawyers can help:

  1. You can enter a plea of not guilty and have a trial within six months.
  2. You may be represented by your Columbus Ohio DUI Lawyer throughout the trial and at all proceedings leading up to the trial.
  3. If you do not have the money to hire an attorney, you may ask the court to appoint one for you free of charge.
  4. You are presumed innocent of the charges pending against you, and you are innocent until proven guilty beyond a reasonable doubt.
  5. You have the right to remain silent at the trial or you may testify in your own defense. If you choose to remain silent, that cannot be used against you.
  6. After the trial is over, you have the right to appeal the decision.

A few other things you should know:

  • In Ohio, a drunk driving conviction cannot be expunged and will stay on the public record, which makes it especially important to plead to a lesser charge if possible.   Always consult with an experienced Ohio DUI lawyer before making any plea or bargain.
  • First-time OVI offenses in Ohio carry mandatory jail time of up to 6 months. In many cases, a driver’s intervention program can be substituted for jail time.
  • You may be able to apply to have occupational driving privileges reinstated within 15-30 days of your arrest if this is your first offense. 

When you take into consideration the stiff penalties associated with a DUI/OVI, it is essential that you work with an experienced attorney who will defend your rights, as well as your future. Educate yourself on the subject of DUI law, and hire attorneys with solid reputations, who are as ethical as they are tough.

One mistake doesn’t have to ruin your life. The attorneys at Columbus Ohio DUI Lawyers will make sure your rights are respected.

Tags: columbus ohio dui lawyer, DUI Legalities
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Can Coffee Sober You Up?

March 13th, 2010

It all started off as a perfectly lovely evening – dinner and drinks with friends, plus a couple of cups of coffee, just to make sure you’re sober enough to drive. Next thing you know, you see flashing lights in your rear view mirror and you find yourself struggling to get through the field sobriety test. I only had a few drinks, you tell yourself, and I even had some coffee afterward. Where did the evening go wrong?

Believe it or not, coffee is where you went wrong. It’s a commonly held belief that coffee will sober you up when you’ve had too much to drink, when, in fact, it can create the opposite effect. According to an article on webMD, “coffee may reduce the sedative effects of alcohol, which could give the false impression that people are not as intoxicated as they really are.” This phenoma can also give intoxicated people the sense that they are much more alert and responsive than they actually are, leading to potentially disastrous consequences such as driving after drinking and other poor choices. The article also states that, “…a combination of caffeine and alcohol consumed by people “may increase alertness during intoxication, and decrease the awareness of intoxication…Thus, drinkers may consume more alcohol when they are also consuming caffeine.”

According to researchers at Temple University, who tested their hypothesis on lab rats, when a person consumes caffeine while inebriated, it makes them feel like they can handle complicated or dangerous situations. In reality, they are no more able cope with these circumstances than those who just imbibed alcohol.

Tags: columbus ohio dui lawyer, DUI, field testing, web md
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Can a DUI Cost You Your Kids?

February 28th, 2010

It’s no secret that a DUI can be a very expensive proposition. One first-time DUI conviction can easily end up costing a driver over $10,000 in fines and yet, the non-financial aspects of a DUI conviction can often turn out to be far more costly than the monetary penalties. And the higher your blood alcohol content at the time of your arrest, the severity of the charges and financial penalties increase as well.

Perhaps the most surprising and overlooked consequence of a DUI can be the effect on a divorce proceeding. Most people have no clue that drunk driving can impact their rights to be granted custody of their own children, but they can. Most people are aware that drunk driving is viewed with a critical eye that is accompanied by increasing disapproval, as well as ever-increasing penalties. Society does not view a drinking driver as a responsible adult, especially if they are a parent. In the case of a contested divorce, a DUI conviction can be an effective tool for painting a spouse as an unfit parent, incapable of caring for their children. When presented in divorce court, a DUI conviction can go a long way to show that it would not be in the child’s best interests to allow the offending parent to retain even partial custody. The proof is in the conviction.

The negative effects of a DUI conviction on child custody rulings is not likely to be a factor in amicable partings like uncontested, no-fault divorces where both spouses agree on proposed custody arrangements. But, in the case of a bitter divorce, drivers who drink and divorce should expect the worst.

Most responsible people don’t need another reason not to drink and drive these days, the financial penalties are already severe and becoming tougher every day. Social drinkers who might be contemplating a divorce should take note that drinking and driving can also cost you your kids, and that is a price that is far too high for anyone to be able to afford.

Tags: columbus ohio dui lawyer, divorce, DUI, dui. ovi
Posted in DUI Impact, OVI / DUI Lawyer | 1 Comment »

Energy Drinks and Alcohol Don’t Mix

February 15th, 2010

A study finds that college students who mix energy drinks with alcohol are more likely to engage in risky behaviors that could lead to injury or worse, such as accepting a ride from a drunk drive and participating in activities in which they could get hurt.

“We knew anecdotally — from speaking with students, and from researching internet blogs and Web sites — that college students mix energy drinks and alcohol in order to drink more, and to drink longer,” said Dr. Mary Claire O’Brien, lead researcher and associate professor of emergency medicine and public health sciences at Wake Forest. “But we were surprised that the risk of serious and potentially deadly consequences is so much higher for those who mixed energy drinks with alcohol, even when we adjusted for the amount of alcohol.”

O’Brien and her colleagues conducted a Web-based survey of more than 4,000 college students from 10 universities, where students were asked approximately 300 questions about alcohol use, its consequences, and other health risk behaviors. Of the students who reported drinking alcohol in the past 30 days, 24 percent said they consumed alcohol mixed with energy drinks.

“Students whose motor skills, visual reaction times, and judgment are impaired by alcohol may not perceive that they are intoxicated as readily when they’re also ingesting a stimulant,” said O’Brien. “Only the symptoms of drunkenness are reduced — but not the drunkenness. They can’t tell if they’re drunk; they can’t tell if someone else is drunk. So they get hurt, or they hurt someone else.”

The FDA limits caffeine to 65 milligrams per serving of a food or beverage. However, energy drinks are currently not regulated by the FDA and can contain as much as 300 milligrams of caffeine in a single serving.

Tags: blood alcohol level, columbus ohio dui lawyer, energy drinks
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Be Smart This Super Bowl Sunday

February 7th, 2010

Across the county, law enforcement official step up DUI enforcement on what they consider “adult holidays,” such as New Year’s Eve, St. Patrick’s Day, and, of course, Super Bowl Sunday.

Police departments are not only planning announced DUI checkpoints, but also putting extra officers on the road. Officers will be looking for signs of impairment, and will not hesitate to pull over a vehicle for a minor traffic infraction as a result. Failure to signal, driving with expired tags or aggressive driving are all potential reasons for an officer to pull over a car tonight.

Some drivers may go so far as to research DUI checkpoints in the area in order to avoid potential hassles with police. DUI checkpoints are typically publicized, and it is not illegal to decide to take a different route in order to avoid a checkpoint. However, swerving out of line in a checkpoint is not a good idea as other officers in the area may be called on to pull over a vehicle.

Whether you will be traveling through a checkpoint or not, though, designating a driver is always a good course of action if you plan to drink, particularly on days when a high number of impaired drivers may be on the road. Practicing safe driving, including wearing seat belts and avoiding being on the road late at night, can further protect you from accidents or arrests.

Other things you can do to keep you safe from a DUI checkpoint:

  • Don’t drink at all
  • Don’t drive after drinking
  • Have a designated driver
  • Stay home and have a party with your neighbors
  • Rent a hotel room near your favorite sports bar

Tags: columbus ohio dui lawyer, DUI enforcement, super bowl
Posted in Field Sobriety Testing | No Comments »

Are Checkpoints Legal?

January 31st, 2010

In a DUI checkpoint, the police will stop vehicles at random on a public roadway to determine whether the driver is driving while under the influence.  Most often, these checkpoints are set up in high DUI traffic areas at times where drivers are likely to be DUI (such as holidays, late at night, close to bars, etc.).

Are these roadblocks constitutional?

The U.S. Supreme Court upheld the use of DUI roadblocks, but only those that are properly conducted – with set guidelines and procedures.  The Court did not, however, say exactly what these guidelines were.  However, the NHTSA set up standards recommending procedures that the states could adopt or follow at their discretion:
· They must be part of a continuous program whose primary purpose is to deter drunk driving
· The judicial system should be in favor of their occurrence
· Prior to the roadblock, procedures must be established for how they will be conducted
· The roadblocks should be chosen in the interest of public safety for a specific objective – such as reducing DUI accidents in a particular high volume area
· Warnings should be given to drivers in advance that a checkpoint will be happening
· It should be made obvious to a driver that he/she is approaching a checkpoint – the police should make their presence known
· People suspected and arrested for DUI should be transported for DUI chemical testing within a reasonable amount of time
· If the checkpoint time, location, or procedures change they should be well documented
· The checkpoint cannot interfere with the flow of traffic or distract other drivers
· Trained police officers must do all the DUI investigating
· The procedures that police are to use at the roadblock for the DUI investigations must be planned in advance and uniformly applied
· Roadblocks must be set up so that drivers will be adequately warned so that they may avoid the roadblock entirely
· Drivers stopped at the checkpoints should be asked for suggestions on how to make the roadblocks more effective

If you are stopped and arrested at a DUI roadblock, you need the guidance of an experienced DUI lawyer.

Tags: DUI enforcement
Posted in Field Sobriety Testing | No Comments »

How Reliable are Portable Breathalyzer Machines?

December 27th, 2009

‘Tis the season for holiday parties and holiday cocktails. Research shows that more and more consumers are turning to portable breathalyzers to determine if they’re sober enough to drive. Typically, the machine features circular light rings that provide a visual target and notify the user when to start and stop blowing. An internal dual flow tube allows subjects to blow from a half inch away without utilizing a mouthpiece. The breathalyzer also features an easily read LCD display screen, and a one-button operation.

In 2005, sales of portable breathalyer devices reached $27.9 million and preliminary data estimates sales will climb to $341.7 million by 2011. Of course, common sense says that if you are on the borderline of whether or not you are safe to drive, you probably are not. However, there are other reasons why portable breathalyzer machines are probably not a good idea.

  • User error is common when using portable breathalyzers. Blowing too hard can cause false readings. Also, timing is a factor – you are supposed to wait at least 20 minutes after your last drink before using the device.
  • Portable breathalyzers are not accurate because they are not calibrated.
  • Portable breath tests can easily become dirty. When they are not clean, they can give you false positive readings.

The devices don’t distinguish between the types of alcohol like breath testers police use. Keep in mind that blood alcohol levels you test at before you get in the car could change dramatically as you’re driving.

Tags: blood alcohol level, breathalyzer, columbus ohio dui lawyer, field testing, home testing
Posted in Uncategorized | 1 Comment »

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