When you’re charged with a DUI, you could be facing heavy penalties and may feel like you have limited options. However, an experienced Mansfield DUI lawyer can challenge the prosecution’s case against you, beginning with the initial arrest.
The experienced legal team at Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA will immediately get to work for you. Our goal is to keep your record clean and keep you out of jail, if possible.
Contact us today at 419-524-6011 or use our online contact form to reach out.
Why Should I Hire a Mansfield DUI Attorney?
You might think you can handle a drunk driving case alone or go with a court-appointed public defender. However, this is a choice that could impact the rest of your life. The court process is complex and shouldn’t be navigated alone. While public defenders have exceptional experience, they are overworked and can’t give your case the dedication it needs.
A private Mansfield OVI lawyer can offer personal service with a focus on dismissing your charges and avoiding jail time. This service includes:
- An independent investigation to collect the necessary evidence
- Filing motions to help get your case dismissed or evidence excluded
- A thorough understanding of Ohio DUI laws to protect your rights
- Knowledge of local courts and the criminal process
DUI Laws in Ohio
It is illegal to drive with a blood alcohol content level of .08 or higher in Ohio. If you are caught driving while intoxicated, you will be arrested and taken to the police station. If you are medically compromised, you may be taken to the hospital.
Roadside Standardized Testing
Suppose you are pulled over, and a police officer believes you are drunk. In that case, they may ask you to complete a breathalyzer or other roadside standardized tests.
The standardized field sobriety tests often used are the following:
- Horizontal gaze nystagmus
- Walk and turn
- One-leg stand
None of these roadside tests are required, and you may refuse them. They are all unreliable and can be challenged in court. However, you may be required to consent to chemical testing.
Chemical Testing
If the police officer has reasonable suspicion that you are drunk, they may arrest you and take you into the station for a chemical test – either blood, urine, or breath. Under Ohio implied consent law, you will automatically lose your license if you refuse one of these tests after being arrested.
Additionally, an officer has the right to use “reasonable force” to require you to take a chemical test if you refuse to consent.
Types of DUI Offenses We Handle
There are different levels of DUIs in Ohio. Therefore, penalties vary according to how many times you’ve been convicted.
First OVI
If you are convicted of a first-time OVI in Ohio, you can face between three days and six months in jail, license suspension for up to three years, and fines of up to $1,075.
Second OVI
If you are convicted of an OVI for a second time within 10 years, you will face between 10 days and six months in jail, license suspension for up to seven years, and fines of up to $1,625.
Third OVI
If you are convicted of an OVI for the third time within 10 years, you will face between 30 days and one year of incarceration, license suspension for up to 12 years, and fines of up to $2,750.
Additionally, you may be ordered to attend mandatory alcohol or drug abuse treatment, probation, and embarrassing yellow OVI plates.
Felony OVI
If you are convicted of three or more OVIs within 10 years or five OVIs within 20 years, you will be charged with a felony offense. You will face a minimum of 60 days in jail, license suspension for a minimum of three years, and fines of up to $10,500.
Underage OVI
If you are under the age of 21 and are found to be driving with a BAC of .02% or higher, then you may face an underage OVI.
Wet Reckless
If you work with a skilled Mansfield DUI lawyer, you may be able to plead your OVI down to a wet reckless charge. A wet reckless charge carries no jail time, and you are less likely to face other serious consequences.
Driving Under the Influence of Drugs
Driving while under the influence of illegal or prescription drugs is also prohibited in Ohio. It may be considered DUID if you are impaired, even if you have taken a drug that is prescribed to you. You will face the same penalties for a DUID as for an OVI.
Defenses to DUI Charges
If you face a court appearance for driving under the influence, you should talk to your Mansfield DUI attorney to find out your defense options. Some of them might include the following:
The Officer Did Not Have Probable Cause
A police officer must have reasonable suspicion that you’ve broken the law to stop your vehicle. Without that, they do not have probable cause, and their search and seizure is unconstitutional under the Fourth Amendment.
Your attorney can challenge the officer’s statements regarding why they stopped you.
Your Fifth Amendment Rights Were Violated
You have a right under the Fifth Amendment to the Constitution to remain silent and not make incriminating statements against yourself. That’s why you should never answer the police officer’s questions without first talking to an attorney.
If they coerce you into making such statements, that evidence may be excluded from court.
There Were Errors Made During DUI Testing
A trained professional must conduct DUI tests in a sterile environment within a certain amount of time. If the tests were improperly administered, they may be suppressed and won’t be entered in as evidence in court. Without those test results, the prosecutor may dismiss your charges.
