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Ohio DUI Defense

Posted on in Criminal Defense

Ohio DUI Defense is Not a Do-It-Yourself Project

Being charged with DUI in Ohio can have a long-term effect on your personal and professional life. A conviction may result in a criminal record, incarceration, fines, civil penalties, loss of driving privileges and other consequences that will follow you for the rest of your life.

No one should face a DUI charge without having a Medina, Brunswick or Wadsworth DUI defense attorney in court to look out for and protect the person’s rights and interests. Don’t be misled into believing that you can handle a DUI on your own. Drunk driving cases present complex legal issues that a Medina criminal defense attorney is trained to recognize and anticipate. A skillful and knowledgeable DUI defense lawyer will work with you to formulate a defense strategy that challenges potential weaknesses in the evidence against you.

Consequences of a DUI Conviction in Medina

Your first conviction for DUI may result in a hefty fine, loss of your driver’s license for at least six months, and a jail sentence or probation. The penalties for a second offense could mean even higher fines, a longer jail sentence, seizure of your motor vehicle by the state and loss of your driving privileges for at least 12 months.

Judges in Medina, Brunswick, and Wadsworth have broad powers under Ohio law to impose additional sanctions on a motorist who is a repeat DUI offender. If you have prior convictions, you might be ordered to install an ignition interlock device on the vehicle you drive. The device prevents the vehicle from starting if it detects the presence of alcohol after the operator of the vehicle breathes into it.

Potentially more troublesome and embarrassing than the other penalties and consequences of a DUI conviction are the yellow license plates that you might be required to affix to your car. Judges can order their installation on a vehicle as a condition of granting a motorist a limited right to drive during license suspension periods associated with a DUI. Privileges are usually limited to driving to and from work, school, or for medical treatment and care.

A Medina, Brunswick and Wadsworth DUI defense attorney might be able to help a motorist avoid or lessen some of the consequences of a DUI conviction. For example, the requirement that a motorist must obtain and affix yellow license plates to a vehicle is left to the discretion of the judge under certain circumstances. A defense attorney with knowledge of the state’s DUI laws and experience with the rules and practices of judges in local courts might be able to design a defense strategy to avoid or lessen some of the consequences suffered by the accused.

Challenging Police Conduct

You might believe that police officers followed the rules when stopping you for DUI in Medina, Brunswick or Wadsworth, but an Ohio DUI defense attorney understands that stopping a motorist without probable cause to do so might be a defense to a criminal charge. Unless a police officer sees you violating the law, or has a reasonable belief supported by facts that you are committing a criminal act, he or she may not stop your vehicle.

Challenging the basis for stopping a motorist might prove to be a successful defense strategy. An illegal stop of a vehicle might support a defense motion to dismiss DUI charges in Medina, Brunswick or Wadsworth.

Challenging the Evidence

Most DUI charges are supported by breath or blood test results showing that the accused driver had a blood alcohol concentration of.08 percent or greater which is the legal limit for intoxication in Medina, Brunswick and Wadsworth. Implied consent laws in Ohio allow the state to suspend your driving privileges for one year for refusing to submit to a test to measure your blood alcohol concentration.

Police must follow strict BAC testing guidelines for the results to be admissible in court as evidence against you. A DUI defense lawyer in Medina, Brunswick or Wadsworth will review the facts of your case and determine if police and the technicians followed proper procedures in administering the test, handling the samples and reporting the results.
A skilled and knowledgeable DUI defense attorney should be aware of the procedures that must be followed for BAC testing. This knowledge should extend to familiarity with the equipment used to gather breath samples in order to be prepared to challenge the results if warranted by the facts of your case.

You Should Not Take on the Police and Prosecutors Alone

Standing in front of judge after you have been arrest can be a very lonely feeling. The resources of the police and prosecution team are focused on proving that you are guilty of committing a DUI. Pleading guilty to a DUI charge might appear to be the easy way out, but you should consult a Medina, Brunswick and Wadsworth defense attorney to find out if doing so is in your best interests.

Your rights and freedom are at stake when you are facing DUI charges. Don’t do so alone. If you have questions or concerns about the charges and the evidence against you, contact Erb Legal LLC today at 330-368-4499 to schedule a consultation.

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