In Ohio there is no distinction between driving under the influence (DUI) and operating a vehicle under the influence (OVI). A person in Ohio is presumed to be operating a vehicle under the influence if his or her blood alcohol level (BAC) is 0.08. There are heightened penalties if his or her BAC is above 0.17. This does not mean that a person cannot be charged if their BAC is below a 0.08 either. In fact, it frequently happens.
A DUI is perhaps the most common serious offense an individual will be charged with. That being said, there are serious consequences for even being charged with a DUI. If you fail the breath test there is an automatic driver’s license suspension and you will not be eligible for driving privileges until fifteen days have passed. If you refuse the test you will not be eligible for privileges for thirty days. If you are convicted of a DUI you will have an automatic license suspension that could last for years. You face a mandatory three days in jail and maximum of 180 days for a first offense. You face a mandatory fine that can exceed $1000. Your driver’s license will be assessed six points and your insurance premium will likely increase significantly.
There are ways to successfully defend these cases. There is a possibility of succeeding in a motion to suppress, which could throw out the results of any tests that were conducted. Additionally, there may be a way to challenge the tests at a trial. An experienced lawyer can spot issues and discuss your options with you. Our attorneys have successfully handled numerous DUI cases; felony and misdemeanor, drug and alcohol, elevated and low tier, and first offense or subsequent offenses. We have succeeded at having the charges dismissed, and successfully negotiated charges with prosecutors.
One of the more serious traffic offenses is for driving under a suspended license. This is a first degree misdemeanor, and carries the possibility of 6 months in jail, $1000 fine, and points on your license. Additionally, this makes it even harder to get your license back as your reinstatement fees with the BMV increase. An experienced attorney may be able to find reasons for these charges to be dismissed, or help negotiate the case so that the charge is reduced.
Our attorneys have experience handling these cases in most courts throughout Southwest Ohio. We have succeeded in having them dismissed and reduced on numerous occasions. If you have been charged with driving under a suspended license you should contact our office to schedule an appointment.
People who drive without a license face penalties if they are caught. Likewise, an individual who allows an unlicensed driver to drive their vehicle can get in trouble with the law. These penalties can range from a fine to potential jail time of up to six months. Typically, the best defenses in these cases involve motions to suppress. In other words you are arguing that the officer lacked probable cause to conduct a traffic stop. An experienced attorney will be able to identify issues and possible defenses, as well as be able to negotiate on your behalf when it is in your best interest.
Our attorneys have handled numerous cases of this nature in virtually every court in Southwest Ohio. We are frequently in all the courts in Montgomery County and the surrounding area. We can advise you on how to proceed. If you have been charged with this offense please contact us to schedule a free initial consultation.
Accidents can be very scary. Sometimes people don’t know how to react after being involved in them. In some cases people panic and drive away, or in other instances people are unaware they were in an accident until later. Under Ohio law a person involved in an accident on public roads has an obligation to exchange information with the other driver, pedestrian, or property owner. Failure to take reasonable steps to do so is an offense. A Failure to Stop or Hit and Run case is typically charged as a first degree misdemeanor. There are some instances, however, where the offense is a felony.
There are many defenses available in hit and run cases. An experienced attorney can look at the facts, and see whether or not the State can meet its burden. He or she can successfully challenge the case, which may lead to it being dismissed, reduced, or another favorable result for you.
If the accident occurred within the past 24 hours there are other options that an attorney may be able to discuss with you, which could save you from being charged at all.
The attorneys at Deal & Hooks have experience handling these types of cases, having tried and resolved them at the misdemeanor and felony level. We have discussed options with our clients that have led to them avoiding criminal charges. We can assist you at any stage of the proceedings. It is important that you contact an attorney promptly to discuss how you should proceed. Please contact us for a free initial consultation.