DUI Defense Information
A DUI charge can have a dramatic effect on your life. Every DUI case is different and comprised of a variety of factors. When an officer pulls you over, he will begin immediately making observations. This is especially true if you have been driving erratically. Some of the things he will be looking for include:
- Alcohol on your breath
- Your demeanor
- How your eyes look
- Your coordination
If there is enough evidence to indicate to the officer that you have been drinking, he or she will ask you to get out of the car. You will be asked to complete a series of field sobriety tests. You are not legally bound to perform these tests. Additionally, if there is footage of the tests and you appear intoxicated, this may affect the judge and jury.
If the officer believes that there is a likelihood that you are driving under the influence, you will be arrested. When you arrive at the station, the officer may question you about the incident, you have a right to remain silent. If you refuse to take a blood, urine, or breathe test, your license will automatically be placed under suspension. This same action will occur if you test over the legal limit. If you have received a DUI/OVI conviction within the last 20 years you may not refuse the breath test. This is also true if you are the driver of a commercial vehicle. Learn more about how a Dayton DUI lawyer could help you by reading through the following information:
If you or a loved one were arrested for DUI based on the results of your breathalyzer test, your situation may appear to be hopeless. However, although breathalyzer tests are accurate for the most part, they are not completely foolproof. If the device was not calibrated properly or it was not administered correctly, the evidence against you could be dropped.
Breath Test Refusal
When a law enforcement officer pulls you over for suspected drunk driving, you may be asked to perform a field sobriety test or submit to a breath test. If you refuse, you could be penalized. Even though you may face having your license suspended, it may be in your best interests not to have any hard evidence against you.
If you were charged with being involved in an accident as well as driving under the influence, you could be facing extremely serious penalties. As alcohol greatly impairs an individual's ability to drive, you can be charged with DUI for having a blood alcohol content of 0.08%. If you had a high BAC and were suspected of causing an accident, you could be charged with a felony.
DUI Blood Tests
Besides field sobriety tests and breath tests, blood tests are another way to test whether an individual was under the influence or alcohol or drugs. These are one of the more accurate ways to test the BAC of the driver, but just because you have this evidence against you does not mean that your case is hopeless.
DUI and Drugs
Although most people are aware of the fact that driving under the influence of alcohol is dangerous and illegal, not everyone is aware of the fact that driving under the influence of drugs can be just as hazardous. This does not only refer to controlled substances like cocaine or marijuana but to some over-the-counter medication and prescription drugs.
DUI License Suspension
One of the penalties for being arrested for driving under the influence is that you may have your license suspended. Although this may not seem like a serious consequence, it may affect your ability to get to work and take care of your family. If you do not contest the suspension at a DMV hearing, you could lose your license for a minimum of 90 days.
DUI Sobriety Checkpoints
DUI sobriety checkpoints are set up with the sole purpose of finding and arresting drunk drivers. They are often set up on weekends, late in the evening, or around holidays. If you were arrested at one of these check points, you do not have to plead guilty. With a strong legal advocate on your side, there are ways to challenge the evidence against you.
Although some charges of DUI are classified as misdemeanors, more serious cases are charged as felonies. If an injury or death resulted from a DUI accident, if it was a multiple offense, or if it involved child endangerment, you could be convicted of felony DUI. In order to avoid these harsh charges, you will need a strong defense strategy.
Field Sobriety Tests
Field sobriety tests are designed to help law enforcement officers determine whether or not someone is under the influence of alcohol. Although these tests are for the most part accurate, there are cases of people being falsely accused based on the inaccurate results of their field sobriety test.
Illegal Police Stops
If you were subjected to an illegal police stop or an illegal search and seizure, this could affect the outcome of your case. Any evidence that was not procured according to law could be thrown out of court. If the law enforcement officer should never have pulled you over in the first place, a member of the firm could help you get your charges dropped.
There are some aggravated factors in DUI cases that could lead to increased penalties. For example, if you were accused of operating a vehicle while impaired for the second, third, or fourth time, you will have to pay higher fines and be put behind bars for a longer amount of time.
Out of State DUI Arrests
If you were visiting Ohio and were arrested for driving under the influence, your situation could not be more serious. You could be facing penalties in your home state as well as Ohio, thus increasing your fines and jail time.
If you were arrested for DUI, one of the questions that will no doubt come to mind is what the possible punishments are. If it was a first conviction, you could be facing a license suspension of up to 3 years, fines of over $1,000, and jail time of up to 6 months.
Under 21 DUI
If you were accused of driving under the influence while under the age of 21, you could be facing different penalties. As the legal drinking age is 21, they could take away your license for years as well as send you to jail.
There are serious penalties at stake, seek help from an experienced DUI attorney in Dayton to assist you. If you need a lawyer for your DUI case, contact Gounaris Denslow Abboud, Co. LPA right away!