What Should Someone Do After They Are Arrested For DUI/OVI In Ohio?

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What Are Some Common Mistakes People Make When Someone Do After They Are Arrested For DUI/OVI In Ohio That Can Hurt Their Case?

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.

When People Are Arrested For A DUI, Do They Just Assume The Should Plead Guilty, Get This Over With And Move On? Why Is That Not The Best Approach?

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.

What happens from the Point of Being Pulled Over For Suspicion Of DUI To Being Arrested, Going to Court, Until You’re Released from Jail?

When they arrest you, they will take you to the jail. They will ask you if you want to take the breath test or they will ask you to blow into the machine. You can typically get out of jail within a few hours, but somebody will have to come and bail you out.

Your first court date will be a few days after that. That is called an arraignment where you will go in front of the judge, you’ will be informed of your rights in court, your right to an attorney, your right to have a trial, all of the things you might see on TV. If it is a client at the law firm of Bangerter, most likely than you will just plead not guilty and the case just starts from there.

Attorney Bangerter has represented people who go in and plead guilty at that point, but there is no advantage at all to doing that. From there, it will get set for a couple more court dates which will allow the defense attorney to work on the case and to negotiate with the prosecutor and try to resolve the case. If it does not resolve then it will be set for trial.

Most OVI cases are probably handled within two to three months but that varies based on how busy the court system is.

For Someone Who Has Declined The Breathalyzer, What Is The Time Frame They Have To File For The DMV?

There are ways to appeal the suspension but you have to have that appeal filed within thirty days of your arrest. That is one deadline that your attorney needs to know about. There are a couple of other ways to handle it as the case goes on.

One of them is you can ask the courts to stay the suspension, meaning just make it not effective, delay it for a while so you are not suspended at the moment but at some point they might impose that you have to serve the suspension.

The other way to deal with it, is just ask the court for driving privileges. If you need to drive to work, school, doctors’ appointments, things like that, the court will often just grant you privileges to do those things so you can still go about your life with the license suspension.

Depending on the exact statute that they suspended the license under or how many OVIs you have had, there could be a fifteen to thirty day hard time with that suspension where you cannot get any privileges until that time is up. So if you have thirty days of hard time for refusing to take a breath test, you cannot get those privileges for thirty days.

If you have been Arrested For a DUI in Ohio, call the Law Office of Matthew Bangerter for an initial consultation at (440) 306-3205 and get the information and 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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