How Can An Attorney Help In Defending A DUI/OVI Case In Ohio?

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HOW OFTEN IS THE LAW OFFICE OF BANGERTER ABLE TO HAVE CHARGES, FINES, JAIL TIME OR OTHER PUNISHMENTS REDUCED IN OVI CASES?

Very often. Especially for first time OVIs, there are a number of other options to reduce the case. When addressed proactively, the attorney can get the client involved in some programs. They are very inclined to give them minimum penalties. How can an attorney help in defending a Dui/Ovi case in Ohio?

There is a minimum jail time on OVI, first time OVI is three days but there is a provision where you can attend a driver intervention program which is a weekend in a hotel listening to alcohol awareness classes. That can substitute for jail time, so most often, a first time offender will spend a weekend in a hotel rather than in jail, other than the time they were there when they first got picked up.

There are cases where the law office of Bangerter has been able to negotiate even shorter suspensions or even eliminate that from the final agreement.

Why Is It Important To Hire An Attorney To Represent You In Such A DUI Case? Why Is It Important Versus A Public Defender Or Defending Yourself?

If you defend yourself, you do not have the experience to execute a strong DUI defense, for example, you’re likely not certified in administering the field sobriety test. An attorney can watch the video and see the things that the police officer did wrong administering all those tests. Even if they do them out of compliance with the regulation, then they should not even be able to come in as evidence.

Even if there are other mistakes, you can point those out to the jury and show the jury why the test was invalid because the officer did them wrong. The person defending themselves is not likely to know those details. It also comes with an understanding of the signs behind breath testing itself and there are a number of state mandated procedures that an officer has to follow in order to have a valid test.

Taking another example, the law officer of Bangerter had a case recently where this young lady blew a 0.14%, but one of the regulations is that the officer has to observe the person for twenty minutes before they blow into the machine. Because if they put anything else into their mouth or regurgitate a little or anything like that, it could affect the alcohol level and that throws off the reading in the machine.

They did not do that, they had her sit there for about five minutes then blow into the machine which invalidates the whole test. Because of that, the attorneys got a significant reduction on the case because the breathalyzer test was no good. That is another thing you typically will not be able to when representing yourself.

Do Most OVI Cases Actually Settle Out Of Court Or Do Some Of Them Tend To Go To Trial?

The vast majority settles out of court, and that is true in any area of the law. Only about 5% of cases actually go to trial.

If you are facing a DUI/OVI in Ohiocall the Law Office of Matthew Bangerter for an initial consultation at (440) 306-3205 to start building your DUI defense and get the legal answers you’re seeking.

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What Should Someone Do After They Are Arrested For Dui/ovi In Ohio?

Just like in a criminal case, people like to try to help themselves by trying to talk to the police. They will say, for example, “I only had a couple” or “I didn’t drink that many”, but what happens then is that statement “I only had a couple” comes into trial is they admitted to drinking.

It gets subtly shifted and it ends up hurting them. The best thing to do, just like in a criminal case, is just not make any statements without talking to an attorney.

Pleading Guilty Is Not The Best Approach Because You Always Want To Take The Chance To Try To Get A Better Resolution. There Are Many Cases Where You Can Work Out A Reduced Charge, Or Some Lower Punishment.

One Common Resolution To A Case, If It Is A First DUI With No Prior Criminal History, An Attorney Can Have It Reduced To Reckless Operation Or Called A Physical Control Which Is Being In Physical Control Of The Vehicle Under The Influence But Not Actually Driving Which Is No Points On Your License. It Is Not A Moving Violation And It Does Not Affect Insurance The Same Way. It Has A Much Better Result Than A Straight OVI. So You Always Want To At Least Take A Chance To Pursue Those Opportunities.

How Can An Attorney Help In Defending A DUI/OVI Case In Ohio?

The most common one is successive OVIs. Every OVI a person gets is added onto the last one. There is enhanced penalties for multiple OVIs within six years, also multiple OVIs within twenty years and at some point there are enhanced penalties for getting several OVIs in your lifetime.

They get more and more serious under the law, and even with an individual judge if you see that you are getting more OVIs, he is likely to give you a stiffer sentence than the minimum required by law.

Yes they can. There are a couple of basic ovis, one is for having a blood alcohol level below 0.08 or 0.17 and that is determined by a chemical test. If an officer believes that the person is impaired even without that reading, he can charge them with an ovi even if they blew a 0.06 or 0.05 just because he says they are impaired, even though that is a lower limit.

As mentioned earlier, alcohol affects everybody differently, some people may have a low level and feel it more, and some people may have a high level and think that they’re fine. So yes, there are spots where they will get an ovi with less than 0.08.

Do I have a case?

The most common method for testing BAC is a breathalyzer machine, many of which pose significant reliability problems. As an Ohio DUI defense attorney, Matthew Bangerter handles all matters related to the defense of your drunk driving charge, including challenging the reliability of breathalyzer equipment used, appearing in criminal court as your advocate, and negotiating with the prosecution to obtain a reduced sentence. As a skilled Ohio DUI attorney, Matthew Bangerter understands the Ohio drunk driving laws and he will strive to obtain a dismissal or reduction of charges against you, as well as the minimum available penalty. He understands that maintaining your driving privileges is of the utmost importance so he will seek to minimize or avoid any suspension or revocation of your driver’s license.

Ohio DUI Penalties

Ohio has some of the strictest penalties for DUI/OVI in the country. Penalties for DUI/OVI can be severe, even for a first offense. If convicted, you could face license suspension, hefty fines, vehicle disablement, required OVI offender license plates, ignition interlock, and mandatory jail time. If you test over the legal limit or fail to submit to a breath alcohol test you face a mandatory minimum Administrative License Suspension (ALS) unless you correctly appeal the suspension.

Aside from court-mandated penalties, your insurance premiums will likely increase and drunk driving charges can do significant harm to your reputation. Court-imposed driving limitations may also impact your ability to get to and from work as well.

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Matthew C.Bangerter

4124 Erie Street Willoughby, OH 44094

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