Dayton DUI Lawyer

Charged with DUI, OVI, DWI, or Drinking and Driving in Dayton Ohio?”

As a skilled drunk driving lawyer, I am often asked, "How do you beat a DUI case?” I respond that the only way to beat a DUI case is to pay very close attention to the details. The police are required to abide by extremely strict requirements in obtaining evidence to support a DUI charge. If they err in any step of the way, an experienced DUI attorney can get your case dismissed.

Building a Case: The Police Investigation

In most DUI/OVI arrests, the police begin gathering evidence from the moment your vehicle comes to their attention. They will immediately begin to take notes on your driving, documenting even the most minor infraction. Once they pull you over, everything is considered fair game. In a DUI/OVI stop, police officers are trained to determine whether you have glossy eyes, slurred speech, or an odor of alcohol about your breath or person. They will evaluate the answers you provide them and decide whether you are acting cooperative or combative. When you provide the officer with your license and proof of insurance, he will take note of your hand-eye coordination and he will also evaluate your interaction with other individuals in the motor vehicle.

After the initial interaction, the police will ask you to step out of your vehicle to perform a number of drinking and driving tests. Police have a series of tests they utilize to gather evidence to support a drinking-and-driving charge. These tests are called standardized field sobriety tests (SFST). It is important to note that in the state of Ohio, the law does not require you to take these tests, and if you choose not to do so, you cannot be penalized in any way. In the alternative, by agreeing to take the tests, you are voluntarily agreeing to give the police more evidence with which to convict you of DUI/OVI. The standardized field sobriety tests for DUI arrests include three tests that were developed and validated through a series of controlled experiments sponsored by National Highway Traffic Safety Administration (NHTSA). The three tests include Horizontal Gaze Nystagmus (HGN); Walk and Turn (WAT); and One Leg Stand (OLS).

HGN Testing

Horizontal Gaze Nystagmus is an involuntary jerking of the eye that occurs naturally as the eyes gaze to the side. Under normal circumstances, nystagmus occurs when the eyes are rotated at high peripheral angles. However, when a person is impaired by alcohol, nystagmus is exaggerated and may occur at lesser angles. An alcohol-impaired person will also often have difficulty smoothly tracking a moving object. In the HGN test, the officer observes the eyes of a suspect as the suspect follows a slowly moving object such as a pen or small flashlight, horizontally with his or her eyes. The examiner looks for three indicators of impairment in each eye: if the eye cannot follow a moving object smoothly, if jerking is distinct when the eye is at maximum deviation, and if the angle of onset of jerking is within 45 degrees of center. If, between the two eyes, four or more clues appear, the suspect likely has a BAC of 0.08 or greater. NHTSA research found that this test allows proper classification of approximately 88 percent of suspects (Stuster and Burns, 1998). HGN may also indicate consumption of seizure medications, phencyclidine, a variety of inhalants, barbiturates, and other depressants.

Walk and Turn

The Walk-and-Turn test and One-Leg Stand test are "divided attention" tests that are typically easily performed by a majority of unimpaired people. They require a suspect to listen to and follow instructions while performing relatively simple physical movements. Impaired persons often have difficulty with tasks requiring their attention to be divided between simple mental and physical exercises.

In the Walk-and-Turn test, the subject is directed to take nine steps, heel-to-toe, along a straight line. After taking the steps, the suspect must turn on one foot and return in the same manner in the opposite direction. The examiner looks for eight indicators of impairment: if the suspect cannot keep balance while listening to the instructions, begins before the instructions are finished, stops while walking to regain balance, does not touch heel-to-toe, steps off the line, uses arms to balance, makes an improper turn, or takes an incorrect number of steps. NHTSA research indicates that 79 percent of individuals who exhibit two or more indicators in the performance of the test will have a BAC of 0.08 or greater (Stuster and Burns, 1998).

One Leg Stand

In the One-Leg Stand test, the suspect is instructed to stand with one foot approximately six inches off the ground and count aloud by thousands (One thousand-one, one thousand-two, etc.) until told to put the foot down. The officer times the subject for 30 seconds. The officer looks for four indicators of impairment, including swaying while balancing, using arms to balance, hopping to maintain balance, and putting the foot down. NHTSA research indicates that 83 percent of individuals who exhibit two or more such indicators in the performance of the test will have a BAC of 0.08 of greater (Stuster and Burns, 1998).

Blood Alcohol Content / Breathalyzer Test

Once the police decide to arrest you, they will take you to the police station and ask that you perform a blood alcohol content (BAC) test. This test is commonly referred to as a breathalyzer and is the only DUI test that you are required to take under Ohio law. If you choose not to take the breathalyzer, your driver’s license will automatically be suspended. The breath testing instrument is an extremely complex piece of equipment and is used to determine your blood/alcohol content. Essentially, the machine is designed to measure the amount of alcohol in your system.Ohio’s legal limit for driving while intoxicated is .08. What that means is if your blood/alcohol is .08 grams per 210 liters of deep lung breath, you are considered intoxicated. If you test at this limit or above, you will be charged with a DUI/OVI and possibly incarcerated in jail. If your test is .17 or above, you will be charged with what is commonly called a “Super DUI/OVI.” The Super DUI/OVI citation exposes you to significantly stiffer penalties than a regular DUI/OVI.

Why should I hire an attorney for my OVI / DUI / Drinking and Driving citation?

How can you fight back and give yourself an opportunity to beat a DUI case? Hire an experienced DUI attorney like Dayton Ohio DUI lawyer Jeremiah Denslow. He has experience handling DUI/OVI cases in Montgomery County, Greene County, Warren County, Hamilton County, Butler County, Clark County, Franklin County as well as numerous cities within the courts’ jurisdictions, including Dayton, Cincinnati, Columbus, Xenia, Kettering, Miamisburg, Springfield, Fairborn, Beavercreek, Springboro, Lebanon, Hamilton, Huber Heights, Trotwood, Centerville, and West Carrollton.

There are a number of legal actions Dayton Ohio DUI attorney Jeremiah Denslow can take to protect you from a DUI/OVI conviction. Although it is commonly perceived as a traffic citation, the Ohio Supreme Court has classified a DUI as a criminal proceeding. Dayton Ohio DUI attorney Jeremiah Denslow will protect your rights in the following ways:

Administrative License Suspension Appeal and Driving Privileges

It’s a no win situation. If you refuse the breathalyzer you will automatically be penalized with an administrative license suspension. Unfortunately, if you take the breathalyzer and test over the legal limit, you will also be penalized with the administrative license suspension. It is important that your DUI attorney immediately challenges the suspension issued by the Bureau of Motor Vehicles. If your DUI lawyer fails to file an administrative license suspension appeal, your license will stay suspended, you will not have occupational privileges and you will be required to pay a substantial reinstatement fee at the end of the suspension. It is important that your DUI lawyer files the appropriate motions in a timely manner or you will lose your right to appeal. In addition, once suspended, your DUI/OVI attorney can work with the court to get you driving privileges to and from work.

Motion to Suppress Evidence

There are rules that govern when the police are allowed to stop a vehicle and detain the individual for further investigation. There are also very strict rules that govern the manner in which the police conduct the field sobriety tests as well as the breathalyzer test that the police conduct in a DUI arrest. If the police do not follow these rules, any evidence the police obtain as a result can be suppressed. These are not legal loopholes, these are valid requirements by which law enforcement must abide in a DUI case. The rules, regulations, and case law are very complex, lengthy and will not be discussed here in detail. However, the result of a successful motion to suppress is generally the same—the dismissal of your DUI case. If you want to beat your DUI/OVI case in the Dayton Ohio area, contact drinking and driving lawyer, Jeremiah Denslow, to represent you. He will give you the best opportunity to win your DUI case or get your DUI case dismissed.

Plea Negotiations and Trial

Dayton DUI attorney, Jeremiah Denslow, recognizes that plea bargains are an essential part of being an effective DUI attorney. If, after reviewing all the evidence against you, your DUI attorney determines that there was a sufficient basis to stop you and charge you with DUI/OVI, and that you will most likely be convicted at trial, DUI lawyer Jeremiah Denslow will then enter into plea negotiations with the prosecutor. Plea negotiations are discussions with the prosecutor and judge, with the goal being to get you the best possible deal, and most importantly, minimizing the damage of the DUI/OVI charge against you. It may include getting the charges reduced from an OVI to a Reckless Operation, or working on your sentence, including reduced fines, reduced jail sentences, or a reduced license suspension.

You need a DUI attorney on your side who isn’t afraid to go to trial. Dayton Ohio DUI attorney Jeremiah Denslow is a former prosecutor and a current member of the Ohio Association of Criminal Defense Lawyers. It is this unique perspective that allows him to provide the best possible DUI representation in the southern Ohio area. If your DUI case goes to trial, be sure to have Dayton Ohio DUI attorney Jeremiah Denslow fighting on your side.