DUI


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What Happens When You Hold a CDL and Are Charged With DUI in a Noncommercial Vehicle?

Ohio drunk and drugged driving laws treat all driver's licenses equally regardless of which type of vehicle a person was operating. This means that anyone who has his or her personal license suspended for committing an alcohol or drug offense in their own car will also have each commercial driving certification they hold suspended.

  • 2017-04-19
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What Happens if I’m Charged with a Third DUI?

If you already have two convictions for drunk or drugged driving offenses on your record, a third arrest for driving under the influence in Columbus, Ohio, puts you at risk for a lengthy jail sentence and thousands of dollars in fines and fees. You could also find yourself without a personal driver’s license and commercial driver’s license for a decade.

  • 2017-03-21
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Can Breath or Blood Test Consent Be Withdrawn?

Yes, you can stop taking part in breath, blood, and urine testing procedures after you have started. That simple answer requires a good deal of explanation, however, particularly because failing to do everything a police officer asks you to do can have serious legal consequences.

Implied Consent and Fifth Amendment Rights

When it comes to testing suspected drunk and drugged drivers, Ohio police act on the principle of implied consent. This means that simply getting into the driver’s seat can subject a person to all kinds of field sobriety tests and laboratory analyses of your breath, blood, and urine samples unless the person clearly states that he or she does not consent to those procedures.

  • 2017-02-15
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How Do Ohio DUI Penalties Compare to Other States’?

Every state penalizes driving under the influence of alcohol or drugs harshly. Ranking states from lenient to draconian really doesn’t make sense, but it can help to know what you might face if you get convicted of DUI in different localities.

The drunk driving defense attorney with the Maher Law Firm detail Columbus Ohio DUI penalties here. The following chart contrasts a subset of what an intoxicated or stoned driver could expect in neighboring states if he or she has never been convicted of drunk or drugged driving.

Typical First-Time DUI Penalties in States That Border Ohio

  • 2017-01-05
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Do DUI/OVI Laws Apply to All Types of Vehicles?

Ohio statutes call the offense of driving under the influence of alcohol or drugs “operating a vehicle while intoxicated.” This very intentional use of the awkward term OVI instead of DUI allows police and courts to enforce drunk and drugged driving laws as widely as possible.

So, yes, any person in control of any vehicle can face a DUI/OVI charge in Ohio. Intoxicated pedestrians can only face disorderly conduct or public drunkenness charges, providing they commit no other criminal offenses and are older than 21.

  • 2017-04-12
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5 Things to Do After Being Charged With DUI

You must act quickly and consistently to establish and succeed with a defense against a drunk or drugged driving charge. Taking the following five steps when accused of operating a vehicle while intoxicated (OVI) in Ohio will help.

Call a Columbus Ohio DUI Lawyer

Your right to speak with an attorney who focuses on defending people charged with driving under the influence exists from the moment a police officer pulls you over or approaches you at a DUI checkpoint. Exercising that right as soon as possible after you hear that you will be charged with OVI gives you access to helpful advice and representation for enforcing your other rights, including protections against self-incrimination and illegal searches.

  • 2017-03-14
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How Long Will I Spend in Jail as a DUI Offender?

One of the primary reasons to hire a Columbus drunk driving attorney is to get help with staying out of a county jail cell.

The following table summarizes the types of jail sentences Ohio courts can impose for operating a vehicle while intoxicated (OVI). Note that avoiding incarceration altogether is pretty much impossible for what judges call a “high test” conviction, even when the defendant has no previous history of driving under the influence.

  • 2017-01-24
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Is It a Refusal if I’m Unable to Blow in the Breathalyzer?

Being physically unable perform a breath test while under suspicion of operating a vehicle while intoxicated (OVI) can stand as a positive defense against an OVI refusal charge.

Stripping out the legalese, a judge can find you not guilty of refusing to do a Breathalyzer if you and your Delaware, Ohio, OVI lawyer can show that you were too ill, injured or incapacitated to produce an adequate breath sample.  This may allow for avoiding the increased penalties involved with a conviction for refusing a breathalyzer when you have a prior OVI offense within a certain period of time.

  • 2017-04-05
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What Is Gross Vehicular Manslaughter While Intoxicated?

Perhaps the best way to explain the alleged offense Ohio calls aggravated vehicular homicide is to define the three words in reverse order:

  • Homicide—taking another person’s life
  • Vehicle—any car, truck, motorcycle, boat with an engine, or aircraft
  • Aggravated—committing a crime like operating a vehicle while intoxicated (OVI), acting recklessly by exceeding a posted speed limit by more than 25 mph, or being negligent by, for example, falling asleep behind the wheel

  • 2017-02-22
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How a DUI Attorney Can Get Your Charges Dismissed

As a DUI attorney practicing in Central Ohio, I use three main strategies to convince prosecutors and judges to dismiss a charge for the offense that state statutes call operating a vehicle while intoxicated (OVI):

  • Challenging the way field sobriety tests were conducted and interpreted
  • Challenging how breath, blood, and urine samples were collected and analyzed
  • Negotiating a plea to a less-serious charge that carries a less-severe sentence

  • 2017-01-17
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