DUI Attorney Columbus Ohio
Being arrested for a DUI criminal misdemeanor or felony charge can result in a very difficult and embarrassing time. You can be fined, lose your driver's license, spend time in jail, end up with a criminal record, or even lose your job.You need a Columbus, Ohio criminal DUI attorney to guide you through the DUI process and to help answer your questions about DUI when you are confused. In addition, I can help relieve the anxiety caused by charges of a DUI, criminal, or traffic case.
DUI law has evolved over time in Ohio. In the past, drunk driving law has had several names such as the following: Driving Under the the Influence (or DUI), Operating a Motor Vehicle Under the Influence (or OMVI), and Operating a Vehicle while Intoxicated (or OVI). The key to most DUI and OVI cases is the level of impairment and intoxication.
Any statements made during the DUI stop may be used against a person in a court of law. However, some DUI evidence may be suppressable. This suppression of evidence in a DUI case means that the court, after a DUI suppression hearing, may decide not to admit some evidence into a DUI trial on the merits.
Prior to stopping the motor vehicle for a DUI, police need to have some reasonable suspicion that some traffic violation or other criminal violation is being committed. After the officer stops the motor vehicle, they may ask for proof of license, registration, and insurance.
Field Sobriety Test
If the police have a reasonable suspicion to stop the car, the police need probable cause to charge a person with Operating a Vehicle Under the Influence, or OVI or DUI. Police can use DUI field sobriety tests (i.e. the walk and turn DUI test, 1 leg stand DUI test, and HGN DUI test) to determine if the driver is physically impaired to drive. In a DUI, the amount of physical impairment is a major DUI factor in determining if a person is able to drive a vehicle safely.
Courts give tremendous weight to alcohol levels obtained from the DUI breathalizer, DUI blood, and DUI urine tests. However, there are rules under the Ohio Revised Code and the Ohio Administrative Code that limit the admissibilty of the DUI tests. Some of the DUI rules relate to the timing of when the DUI test is taken (i.e. the 20 minute rule and the 2 hour rule) and the DUI procedures by which the evidence is processed (like the compliance the the DUI administrative regulations regarding the chain of custody, sealing the sample, and other DUI administrative regulations).
A person does not have to submit to an DUI field sobriety tests, DUI breathalizer test, a DUI blood test, or a DUI urine test in most circumstances. However, if a person refuses to submit to the DUI tests, they may face an Administrative License Suspension (or ALS suspension) up to 1 year and other hard time suspensions for Driving Privileges for a DUI. If a person submits to the DUI tests, the court can consider the validity of these physical DUI tests in determining if a person committed the DUI.
During the OVI or DUI hard time suspension period, no driving privileges can be granted by the OVI or DUI court or otherwise. The Garfield Heights Municipal Court
created the following DUI Offenses Chart
and DUS Offenses Chart
(Driving Under Suspension) for determing penalties (intended for educational purposes only). After the OVI or DUI hard time suspension, the OVI court has discretion in granting Limited Driving Privileges
As an experienced Columbus Ohio attorney, I assess what is going on with a client and determine if I can help them with their OVI or DUI. My DUI fees are based on the complexity of the case, but I try to competitively price my DUI fees in a reasonable, affordable, and efficient way. Please call me to set up a free initial consultation to learn more about OVI or DUI:
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