A driving under the influence charge, also called a DUI or OVI, is a serious criminal offense that is far more than an inconvenience. Even first-time offenders face a mandatory three days in jail or a residential driver’s intervention program. They must content with loss of their driver’s license for a mandatory minimum of six months up to a possible three years. There are also substantial financial costs including fines, court costs, probation costs, driver’s license reinstatement fees, and a hefty increase in auto liability premiums.

A driver with a prior OVI offense faces substantially greater jail time or residential alcohol treatment, heavier fines and loss of driving privileges for five years and more. Ohio law requires that an ignition interlock device be installed on a convicted driver’s vehicles in any case involving either a high-level breath test or multiple offenses. This means the driver must blow into the device before the car will start. These devices are costly, embarrassing, and intrusive.

What Your DUI Attorney Can Do

Your DUI lawyer can advise you on what defenses are available and what your options may be. For example, the following issues may be present in your case:

• Whether the stop of your car was legally valid

• Your performance on field sobriety tests

• The validity of the officer’s opinion of your impairment

• The credibility and validity of the breath test

Along with improper vehicle stops, how the officer conducts or interprets any field sobriety tests is often incorrect or does not follow protocol. Also, if the officer did not actually see you driving, there are issues of identification and the timing of any drinking in relation to the movement of the vehicle.

Further, a breath test machine must be calibrated correctly. If you have a particular medical condition, it may affect the breath test results as well. There are also multiple issues presently being litigated in regard to the Intoxilyzer 8000, the newest breath testing device being utilized in the state of Ohio.

Many times issues arise that can result in dismissal or mitigation of the offense. In many instances, hiring a skilled and knowledgeable DUI/OVI attorney can result in a favorable resolution of these serious charges.

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This blog is written and published by Laufman & Napolitano, LLC

A DUI (now referred to as OVI) is a serious charge. Even a first offense carries mandatory time in either jail or a court ordered treatment facility.  You will also have a criminal record, lose your license for six months to three years on a first offense, and see your car insurance premiums multiply. In some circumstances, you may have to install an ignition interlock device on your car so that you have to pass a breath test each time you try to start your car.

Should this DUI be your second or greater offense, you risk having to spend substantial time in jail or residential rehabilitation, as well as the collateral consequences of a conviction.

Finding a competent DUI/OVI attorney for your case is essential, and you need to do it quickly. A DUI/OVI charge also has a civil component, which involves the suspension of your license. You are entitled to an appeal of this suspension, but you must request it within a very short time after your arrest.

The following are several avenues you can use to find and retain the right attorney for you.

Referrals

If you have used an attorney in the past for whatever reason, ask them for a referral to a well-known and reputable DUI/OVI attorney. Legal professionals are usually aware of the specialties and reputation of other attorneys, even in areas where they do not practice. If the DUI/OVI attorney referred to you is well-regarded, seriously consider him or her.

Attorney Websites

Many reputable DUI/OVI attorneys have websites. Carefully look at their site to see if the attorney routinely practices DUI/OVI law.

The Consultation

Once you have selected one or two potential attorneys, make an appointment. When you are in their office, observe the following:

• Is the attorney genuinely interested in your case? Is he or she asking relevant questions or acting distracted?
• Will this attorney be handling your case, or will it be handed off to an associate? Although many associates are very competent, you will want to know about their skills and experience in DUI/OVI law. Make sure that you will get the lawyer you are expecting to get.
• Discuss the lawyer’s litigation and trial experience. Although most cases do not go to trial, there are attorneys who rarely do so and may refer the case to someone else to try if you are not satisfied with a plea offer. If the attorney appears reluctant to disclose their trial experience or downplays it, this shows a lack of professionalism and credibility.
• Ask for a copy of the attorney’s retainer agreement, and go over it with him or her. There may be other costs, such as those to hire investigators and experts, which need to be disclosed.
• If you like the attorney, meet the staff and assess their demeanor and professionalism, since you may be meeting with them again during the process. A professional-looking office and staff is a reflection of the attorney as well.

Hire a DUI/OVI attorney who is trial-experienced and with whom you feel comfortable and have confidence in to resolve your case under the most favorable terms.