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DUI laws

If you’re reading this post, you’re either interested in OVI in Ohio, have recently been charged, know someone who has been charged or are just curious about the process.

If you’ve been arrested and charged with DUI or OVI, your head is probably spinning as you ask yourself the normal questions: What are the next steps? How much trouble could I be in if convicted? How much will I spend trying to prove my innocence?

It’s OK. First, let’s take a deep breath. The legal process from here can be a bit tricky, so the next thing you need to is consult a lawyer who can help you navigate. Of course that, too, can be tough. If you type DUI lawyer into Google you’ll be overwhelmed with the results. How do you select one when so many come up? You take careful steps to pick an attorney who will act as a guide through the legal steps necessary to properly defend yourself. And to do that you need to create some standards before you hire anybody. To help with that I’ve created a troubleshooting guide.

Here are four questions you should be asking yourself as you look for a DUI or OVI attorney in the state of Ohio.

1. Are they concerned with aggressively fighting for you and your rights?

Many attorneys handle DUI cases like clockwork, looking to have you plea out at the first offer, meaning you’ll have a non-expungeable DUI on your record. While no outcome is guaranteed, your attorney should be helping you define a strategy that ensures someone is looking out for your long-term welfare. That means they should help you with a game plan that considers all of the options and explains the possibility of each.

2. Can this person explain the potential consequences and solutions in a way you understand?

Let me be honest with you: The legal world is the worst offender when it comes to jargon and technical speak. That can be tough when you are scared and have questions about what will happen to you. If an attorney can’t simply explain the process and your options to you, you’ll have a hard time being sure you were represented fairly. Find someone you can talk to through this difficult process.

3. Are you talking with your attorney?

It’s not a crime to be busy, but it’s certainly an insult when a lawyer is too busy to talk with you personally. If you’re in a tough spot, you should be able to get face to face interaction with your attorney when you want it. If you’ve tried to meet with your attorney and you ended up talking with someone else at the firm, or told to just send an e-mail, you’re at the wrong place.

4. Does this attorney have experience with DUI or OVI cases?

There are attorneys out there who are great at practicing everything from tax law to dispute resolution, but that doesn’t mean they know how to handle every case. Oftentimes people turn to an attorney they know or have used before in any situation, but that’s not always a good idea. You should always know the person representing you has experience in the practice area in which you have a need. I often use this example: Josh Cribbs is tremendous in the field of professional athletics, but I doubt I’d hire him to pitch a decisive game for the Indians. Different situations call for different expertise, so make sure you’re talking with someone who knows everything about DUI laws in the state of Ohio and understands the local legal system.

That’s all for this time. Feel free to ask a question in the comments field or contact one of our DUI lawyers. If you’re in Northeast Ohio, you can contact someone from Taubman Law. If you’re in Central Ohio, contact one of our lawyers from Hastie Law Offices, LLC.

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In Ohio there are two instances where you can be given a breath test by a police officer. The first, the portable breath test, is generally administered during the initial traffic stop. Here’s what you need to know: This test is never mandatory and is not admissible in the court of law. Taking this test and failing will only lead to more evidence against you if you’re charged with OVI/DUI. There is no reason to consent to the portable DUI test.

If you fail this test, the officers will arrest you and take you back to the station to do another breath test on an approved device. Currently, there are two approved breath-testing devices in Ohio – The BAC Datamaster and the Intoxilyzer 5000. At this time you will be told you can blow or refuse. A refusal to blow at this point will be an automatic suspension of your license for a year and could have other repercussions if you have a CDL. If you choose to blow and are above the Ohio legal limit of .08, you will be charged with an OVI/DUI and booked. More importantly, if you are booked and have blown above .169 you will be charged with a Super DUI. It’s important to assess your own condition at this point.

Refusing to blow or blowing above the legal limit does not mean that you don’t have a chance to be found not guilty or have your charges reduced.

In the last year we’ve had two situations at Taubman Law where drivers have refused to take the breathalyzer at the station and another case where the driver blew above .169 in the station. We were able to work with each case and ensure the best result possible.

In first one, in Berea, the driver was pulled over for following too closely and submitted to a field sobriety test, which he failed. After a motion to suppress, we were able to get the charges knocked down to a reckless operation, our client was able to get his license back within nine months and was granted occupational driving privileges as soon as the statute allowed.

In another case, we represented a person stopped in Vermillion for weaving and driving erratically. He failed his field sobriety tests and refused to take a breathalyzer. We were able to have his charges reduced to physical control, which carries no points and the client was allowed work privileges.

Finally, in a case where one of our clients blew above .169 and was charged with a Super DUI in Bedford, we were able to work a good plea accommodation. Charges were reduced to regular DUI and the client didn’t have to go through the embarrassment of having yellow ‘party’ plates or having an ignition lock. The client also served no days in jail and received driving privileges.

That’s all for this time. Feel free to ask a question in the comments field or contact me at briantaubman[at]taubmanlaw.net for more information. If you’re interested in my firm, Taubman Law, visit us at TaubmanLaw.net.