DUI Defense
This is an informative lens about DUI (also known as OVI or DWI) defense. Here you can find general information about your rights upon being accused or suspected of driving or operating a vehicle under the influence of alcohol or other substance. If after reading through the information below you have a question about something mentioned on this lens, it is recommended that you seek the advice of an attorney licensed to practice in your state.
Last call
You have been to the bar or a friend's house for a few beers, and now it's last call and time to go home. You get in your car and start driving the few miles to your house. Several minutes into your drive, you look up and notice red and blue lights flashing in your rear view mirror.
Sound familiar? If so, you are not alone. Thousands of people are charged with Driving Under the Influence (DUI), Operating a Vehicle under the Influence (OVI), or another similar offense across the county each year. The basic premise of such a charge is relatively straightforward: you were drunk while driving. However, there are many aspects of the state laws underlying the charge that are not so simple or apparent.
Sound familiar? If so, you are not alone. Thousands of people are charged with Driving Under the Influence (DUI), Operating a Vehicle under the Influence (OVI), or another similar offense across the county each year. The basic premise of such a charge is relatively straightforward: you were drunk while driving. However, there are many aspects of the state laws underlying the charge that are not so simple or apparent.
The stop
When a law enforcement officer stops you and suspects you have been drinking or under the influence of drugs, her or she will conduct various tests to attempt to confirm his or her suspicion. The first set are field sobriety tests. These are the roadside tests where the officer asks you to count backwards, stand on one foot, or walk a straight line. Generally speaking, these tests cannot conclusively prove you are drunk or intoxicated. What they can do, however, is give the officer sufficient reason to conduct further tests on you.
The most common alcohol test is the breathalyzer test. In it, you blow into a machine that attempts to calculate the amount of alcohol in your blood based on the amount of alcohol it detects in your breath. The results from this test are usually what is used to cite you for a DUI. The other tests are urinalysis and blood tests. Both of these tests also attempt to calculate the concentrate of alcohol or other drugs in your system. Did you know that in some states it is illegal to refuse to take any of these tests if asked to do so by a law enforcement officer? If you are asked but do not submit to the test, your license can be immediately confiscated and your driving privileges automatically suspended (sometimes called an administrative license suspension, or ALS).
If at any time an officer suspects you have been drinking or under the influence of drugs, he or she will likely ask you a series of questions. The questions may include asking if you have been drinking and if so how many drinks you had, or if have been using drugs and which ones. When you answer questions like this, you may be admitting that you have been drinking or doing drugs and the amount you have consumed or used. Later, these statements can be used against you if you try to argue that you were not drinking or that you had less than you initially stated. This can limit any defense you may try to make
The most common alcohol test is the breathalyzer test. In it, you blow into a machine that attempts to calculate the amount of alcohol in your blood based on the amount of alcohol it detects in your breath. The results from this test are usually what is used to cite you for a DUI. The other tests are urinalysis and blood tests. Both of these tests also attempt to calculate the concentrate of alcohol or other drugs in your system. Did you know that in some states it is illegal to refuse to take any of these tests if asked to do so by a law enforcement officer? If you are asked but do not submit to the test, your license can be immediately confiscated and your driving privileges automatically suspended (sometimes called an administrative license suspension, or ALS).
If at any time an officer suspects you have been drinking or under the influence of drugs, he or she will likely ask you a series of questions. The questions may include asking if you have been drinking and if so how many drinks you had, or if have been using drugs and which ones. When you answer questions like this, you may be admitting that you have been drinking or doing drugs and the amount you have consumed or used. Later, these statements can be used against you if you try to argue that you were not drinking or that you had less than you initially stated. This can limit any defense you may try to make
Why you should have a lawyer
DUI laws in most states are very complicated. Check out your state statutes. The length of the relevant DUI statutes may be many times longer than those for murder! Why are the statutes so long? There are various reasons, depending on the state. Purhaps the biggest is the amount of detail placed in the written laws. There are a number of procedures that are explained in detail for conducting proper field sobriety tests, conducting proper breathalyzer tests, etc. Many states have various "legal limits" for concentrations of various substances in the body, and each of these are explained individually as well as the proper tests to determine the concentrations. All of theses details are important to the proper prosecution of a DUI charge. Errors, including those in the conducting of tests by law enforcement officers, do happen. A lawyer can determine if the required procedures were properly followed in your case and if not work to get the faulty tests thrown out by the judge. This might require chemists, other law enforcement officers, engineers, or doctors being brought in to testify on your behalf.
Each of these statutes also usually set out the penalties for people convicted of a DUI. Normally the penalties increase for each subsequent offense. You first offense, for instance, may get you a $250 fine and an order to attend a 3-day alcohol program, with the second getting you a $500 fine and a week in jail. You may also lose your driver's license for a DUI conviction, with the length of suspension based on the number of convictions. After a set number of convictions, you may permanently lose your license to drive. In addition, in some states if you refuse a breathalyzer test you immediately lose your license for 1 year, regardless of or in addition to any suspensions resulting from a DUI conviction. With all the various penalties out there, a lawyer can help explain the penalties you face as well as your plea options. He or she may be able to work with the prosecutor to get you a reduced charge or a recommendation for minimum sentence.
Each of these statutes also usually set out the penalties for people convicted of a DUI. Normally the penalties increase for each subsequent offense. You first offense, for instance, may get you a $250 fine and an order to attend a 3-day alcohol program, with the second getting you a $500 fine and a week in jail. You may also lose your driver's license for a DUI conviction, with the length of suspension based on the number of convictions. After a set number of convictions, you may permanently lose your license to drive. In addition, in some states if you refuse a breathalyzer test you immediately lose your license for 1 year, regardless of or in addition to any suspensions resulting from a DUI conviction. With all the various penalties out there, a lawyer can help explain the penalties you face as well as your plea options. He or she may be able to work with the prosecutor to get you a reduced charge or a recommendation for minimum sentence.
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Disclaimer
The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship.
by bradleymillerlaw
Columbus, Ohio lawyer. My main practice areas include civil and business litigation and criminal/traffic defense. I also deal with probate (will... (more)
