Frequently Asked Questions on DUI

Get Answers from Our Dayton DUI Lawyer

In order to have the best possible chance of getting your DUI charges dropped or reduced, you need to have a knowledgeable Dayton DUI/OVI lawyer on your side. By choosing to work with our team at Gounaris Abboud, LPA, you could have peace of mind knowing that a strong legal advocate is on your side every step of the way. Please, check out the answers to frequently asked questions below to get the information you need:

Can the evidence against me be challenged?
In cases of DUI, the accused may feel as though their case is hopeless. Nothing, however, could be farther from the truth. When someone is accused of drunk driving, there are several ways which a competent legal advocate could seek to defend them. For example, if the peace officer did not have probable cause to pull you over, this could considerably shake the case. Also, if they administered the field sobriety test or breath test incorrectly, this could mean that the results of the tests were also incorrect. Allow a member of our team to look over your case even if you think the evidence against you is too strong.

What are the penalties for DUI?
The penalties for a conviction of DUI will vary depending on the circumstances of the case. For example, if it was the first time they had been convicted of DUI, they could be facing jail time ranging from three days to six months. They could also have their license suspended for anywhere from six months to three years as well as have to install an ignition interlock device on their vehicle. For a second DUI conviction within a six-year period, the jail time could be up to six months and the fine could be up to $1075. They also may have to install yellow DUI license plates or install an ignition interlock device. If you were accused of causing an accident or injuring another person, the penalties will also increase.

What happens in an under 21 DUI case?
First of all, this will not be considered a juvenile crime if the accused is over the age of 18. If they are between the ages of 18 and 21, they could be sent to jail for drinking and driving. The penalties include up to 30 days in jail, a $250 fine, and a two year license suspension. This will put on the young person's permanent criminal record and could have significant repercussions. The good news in these cases is that alternative sentencing may be an option. Our team at Gounaris Abboud, LPA could help you with plea bargains, defense, and sentencing.

What are field sobriety tests?
When someone is pulled over for suspected drunk driving, one of the ways that the law enforcement officer may seek to determine whether or not they are under the influence of alcohol is by administering a field sobriety test. There are three main types of standardized field sobriety tests according to the National Highway Traffic Safety Administration, the walk and turn test, the one leg stand, and the horizontal gaze nystagmus test. The walk and turn test and the one leg stand test are divided attention tests which test to see whether the individual can do two things at once. If they cannot keep their balance and follow directions, it is an indication that they are under the influence of alcohol.

Can I be arrested for DUI due to drug use?
It is common knowledge that drinking and driving can result in criminal charges. It is not as commonly known, however, that driving under the influence of drugs is against the law. This does not only involve illegal drugs, but prescription medication as well, anything which could affect the user's ability to drive. Drugs can be detected in the body through a blood test or through field sobriety tests. Unlike alcohol, there is no legal limit for driving and drug use. For this reason, prosecution can be complex. If you were arrested for drugged driving, please allow our team to handle your case. We will do everything in our power to prove that you are not at fault. Whatever charges you are facing, please do not waste any time in getting in touch with our office.

Is DUI a felony in Ohio?
With three or more prior DUI convictions within six years, any further OVI is a fourth degree felony. With five or more prior DUIs within 20 years, any further OVI is also a fourth degree felony.

Do you have to blow into a breath testing device in Ohio?
When an individual is taken to the police station after a DUI arrest, they will be asked to take a blood, breath, or urine test. The person does not have the right to pick which test they will comply with. However, if the test is not conducted within three hours of the violation it is inadmissible in court. You will not be required to submit a breath test, however, you refuse to take a breath test, then you face an automatic one year license suspension, even on your first offense. For more information, see our breath test page.

What's the penalty for fourth degree felony in Ohio?
For a fourth degree felony, you will be facing a minimum of 60 days in jail up to a maximum of 18 months. The minimum fine is $800 up to the maximum of $10,000 plus court fees. If you refuse to submit to a chemical test, your license will be suspended up to 5 years.

What are my Miranda Rights?
When an officer has arrested a person and begins to question them about the crime, the officer must advise them of their Constitutional rights. These are usually: you have the right to remain silent, anything you say can and will be used against you in a court of law, and you have the right to be advised by an attorney before answering any questions. If you desire an attorney and cannot afford one, one will be appointed for you free of charge.

Will I go to jail for a first time DUI offense?
Probably not for a first time OVI offense; however, a second OVI offense and subsequent offenses may result in a jail sentence in Ohio. This is why you need an experienced attorney to prevent you from serving a jail sentence.

I have three serious DUI offenses in Ohio within seven years, what will my driver's license penalties be? Your driver's license could be suspended for five years. Before you appear in court, you need to have an experienced DUI attorney to defend your rights.

How many hours of alcohol classes will I have to take?
A first time offender will usually take a Driver's Intervention Program (DIP) that is 72 hours.

If I do not complete the DUI classes, what are the penalties?
You will more than likely have to serve jail time in Ohio.

How much can I drink before I am over the DUl limit in Ohio?
This depends on a variety of factors including your body weight, how regularly you drink and how long you have been drinking. A good rule of thumb is that your body processes and eliminates the alcohol from one drink per hour, however, everyone is different.

How much does it cost to reinstate my license after my suspension is up?
Unless your attorney can get your automatic license suspension lifted because of some legal issue, the Ohio BMV will charge you $425 to reinstate your license.