3rd dui offense in ohio

The legal system is harsh when you’ve been arrested for the same crime multiple times. According to Ohio’s laws on Operating a Vehicle Impaired (OVI), punishments increase for a second drunk driving conviction, a third, and so forth. You can fight the charges to get a favorable outcome in your case. To do so, you’ll need an Ohio DUI defense attorney to represent you and fight for your rights. You should also review some critical information about the proceedings. Summary of Multiple Offenses Under Ohio DUI Laws Regardless of how many previous convictions are in your criminal history, the standards for OVI are the same. You can be arrested under two different circumstances: Police pulled you over and asked you to take a chemical test, in which you registered a blood alcohol content (BAC) of .08% or more; or, Officers stopped you and had reasonable suspicion that you were impaired by alcohol. There is a statute about high BAC amounts, which could affect your sentence in a drunk driving case. Any BAC amount of .17% or higher may implicate more penalties. Penalties Increase for a Third DUI Conviction If you’re convicted for a third drunk driving offense for impairment or a BAC over .08 through a chemical test, the criminal punishment is severe. For purposes of the law, keep in mind that the look-back period is ten years. Mandatory sentencing applies for a conviction: A judge may sentence you to 30 days to one year in jail. Upon release, the court may impose at least three months of electronic home monitoring. You’ll receive a mandatory fine of at least $850. Your driver’s license will be suspended for at least 24 months and up to 10 years. Other consequences may also apply in your case. Though you may have limited driving privileges to get to and from school, your job, and other essentials, you’re not eligible for at least 180 days after your arrest. You’ll need to install an ignition interlock device (IID) on your vehicle during this time, and you must attend a substance abuse program. Retain an Ohio OVI/DUI Lawyer Who Will Defend Your Interests There are severe consequences for a third DUI offense, including higher fines, longer terms of incarceration, and other penalties. Don’t put your rights at risk by trying to represent yourself in such a case. Trust one of our attorneys at Gounaris Abboud, LPA to advocate on your behalf. Please contact us to set up a consultation, where we can review your circumstances and determine how to proceed with your defense.

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What Happens If You Fail Your Breathalyzer Test

You probably realize that you need the help of a well-qualified and experienced defense lawyer if you have a DUI (also called OVI) arrest in Ohio. Your legal trouble began as soon the police pulled you over. Now, you have a court date, and the police suspended your license administratively because of a breathalyzer failure. You might be in more significant trouble if you are already on probation and fail a breath test. Where should you go for legal advice? Gounaris Abboud, LPA has the OVI defense attorneys you can trust in Ohio. With several decades of experience fighting to protect the rights of people accused of committing a crime, you could rely on Gounaris Abboud, LPA to give you the best chance to beat the wrap or face reduced charges. Contact us today to get started! Can You Fail a Breathalyzer 12 hours After Drinking? Ohio’s legal limit is 0.08%. The average alcoholic beverage contains 1.5 ounces of liquor, 12 ounces of beer, or five ounces of wine. Humans metabolize only one drink per hour. Therefore, it takes a 200-pound man four drinks in one hour to reach the legal limit. However, it takes a 160-pound woman only three drinks in that period to get to a 0.10%.  Your body metabolizes alcohol at a rate of about 0.015% per hour once you stop drinking. Until then, your blood-alcohol content will go up, even for the first hour or so after you had your last drink. Based on those statistics, a person with a BAC of 0.08% needs less than six hours to have no measurable amount of alcohol in their system. However, it is theoretically possible to fail a breathalyzer even though you stopped drinking 12 hours before. Factors like a person’s tolerance for alcohol and weight will play a significant role in registering a breathalyzer failure even after not having a drink for 12 hours. Remember that you do not have to be drunk under Ohio law to get a DUI charge.  The timing of a breathalyzer test is essential. A court cannot consider a chemical test submitted after a three-hour window. The window starts when the police record the infraction. However, Ohio law requires the police to give the necessary warnings, and the person under arrest must consent to take a chemical test within two hours. The police will automatically note the person refused if the person does not agree within two hours.  What Happens If You Fail a Breathalyzer Test in Ohio? You have a choice about whether you should take a breathalyzer test in Ohio. Ohio law says that you agree to submit to a breathalyzer or other chemical test if a police officer has probable cause to believe you are drunk driving. Thus, state law implies that you consented to take the test because you drove on a public street in Ohio.  If you refuse the breathalyzer, the state will automatically suspend your license under Ohio’s implied consent law. The suspension could last up to one year. The court could tack on another license suspension period if you lose your case in court as well. It’s a hard choice to make. That’s why some people arrested for OVI agree to take the breathalyzer test. Others take it because they believe they can pass the test. They are often mistaken, unfortunately. If You Fail a Breathalyzer, Do You Have to Surrender Your License? If you fail the breathalyzer test, the police officer who gave you the test must physically take your license from you if you have it in your possession. The officer must forward your license to the Ohio Bureau of Motor Vehicles. If you do not have it on you, you must surrender it to the law enforcement agency within 24 hours. The officer will send your license to the Bureau of Motor Vehicles at that time.  The officer who seizes your license must advise you that the law automatically suspends your driver’s license. The automatic suspension will last at least until your first court appearance. Your initial court appearance will be in five days or less. The officer must also tell you that you have a right to appeal the automatic suspension at your first appearance in court. However, Ohio law gives you up to 30 days to appeal.   Ohio law does not stay your suspension if you file an appeal. Moreover, an appeal only allows you to contest some facts regarding the breathalyzer test. It is not a trial on the merits of the case. What Happens If You Fail A Breathalyzer While on Probation? Probation is an essential tool in the Ohio criminal justice system. Probation is a court order. Therefore you must take all of the conditions seriously. You could wind up in jail if you violate the terms of probation.  Your probation officer could start probation revocation proceedings against you for a breathalyzer failure. This could arise in two circumstances. The first is if you are on probation and failed a breathalyzer after a DUI arrest. The second is failing a random breath test after the court ordered you to abstain from alcohol consumption.  In either circumstance, you face a significant legal challenge. Having a tough and skilled Ohio DUI attorney could help you stay out of jail. Trust Gounaris Abboud, LPA to Fight for Your Rights We are award-winning attorneys who understand the trouble you face. Remember that it’s only temporary. We will work with you to find the best solution for your case as quickly and efficiently as possible. The awards we have won, such as SuperLawyers and National Top 100 Trial attorneys, symbolize the care and effort we put into each case. Contact us today at 937-222-1515 for help with your DUI case. When you do, you’ll learn why we consistently have an AVVO rating of 10.0.

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DUI OVI for driving on prescription drugs

People often ask us, How can you get a DUI/OVI for prescription drugs?  The next question you might ask is, How can I have a DUI/OVI for prescription drugs if I took them according to my doctor’s orders?  The answer is simple. In Ohio, you can get a DUI / OVI for prescription drugs if you drive while under the influence and despite taking your medication as prescribed. At Gounaris Abboud, LPA, we understand your frustration with Ohio’s OVI law. Our experienced DUI prescription drugs defense lawyers have fought for our clients successfully in hundreds of OVI cases. Contact our firm today to learn more about how we can help you. What Is the Ohio Prescription Drug OVI Law? Driving under the influence (DUI) and operating a vehicle while intoxicated (OVI) mean the same thing under Section 4511.19 of the Ohio Revised Code. In the pertinent part, Section 4511.19 says that no person shall operate a motor vehicle while under the influence of alcohol, drugs, or both.  In Ohio, there are two ways a person could be convicted of OVI. The first is driving under the influence of alcohol, drugs, or both. The second is driving with an illegal amount of alcohol, drugs, or a combination of the two in your system. This is called the “per se” law. However, most people call it, “the legal limit.” Driving Under the Influence Under the first theory of OVI, the police must rely on their observations to determine if someone is driving under the influence. For instance, an officer will note: How the person is driving; Whether the person is alert and awake or drowsy; The presence or absence of the smell of alcohol; If the driver could locate documents easily like a driver’s license or proof of insurance; Whether the driver caused a crash; Witness statements; The driver’s ability to follow directions;  The driver’s admission to drinking alcohol, taking drugs, or both; and  The driver’s performance on field sobriety tests. All these factors play a role in determining whether a driver is under the influence.  How Can the Police Tell If Someone is Under the Influence of Prescription Drugs? Ohio’s implied consent law mandates that a person who is arrested for OVI has to take a chemical test. The chemical test could be a breathalyzer, whole blood test, plasma blood test, or urinalysis. Breathalyzer tests help officers figure out if someone is under the influence of alcohol. However, a breathalyzer test might only tell part of the story. As a result, Ohio law allows testing of a person’s whole blood or blood plasma to see if the person has alcohol, certain illegal drugs, or illegal drug metabolites in their system. (A drug metabolite is a chemical the body produces after taking certain drugs.) Conversely, there is no DUI blood test for prescription drugs in Ohio.  A urine test might yield evidence of a prescription drug. However, Section 4511.19 makes no reference to a per se limit of prescription drugs, unlike alcohol and other drugs of abuse. As a result, a judge might not accept urinalysis as “per se” evidence in a prescription drugs OVI prosecution.  The police can use their observations and chemical test results to prove DUI of prescription drugs. For example, suppose police pull over a person for weaving all over the road. The driver might be sleepy, incoherent, and have trouble with field sobriety tests. The officer might have to determine whether the person is just tired or has consumed something that impairs their ability to drive. The officer might send the driver for a blood test after an arrest to see if the person has alcohol and drugs in their system. Test results could show a combination of substances that could prove the driver was under the influence.  How to Fight a DUI Charge for Prescription Drugs Section 4511.19(k) indicates that a person who takes certain drugs according to the dose prescribed by their doctor cannot face prosecution for OVI drugs. Experienced and skilled DUI prescription drugs defense attorneys understand how to attack a OVI drugs case to give their clients the best chance to avoid a conviction. Every case is different. The best defense for you depends on the individual facts of your case. Notwithstanding, our OVI defense lawyers have handled numerous cases successfully by: Arguing the police violated your rights; Contesting expert evidence to show that a jury will be confused by it or the expert is testifying to junk science; Convincing a jury or judge that the prosecution did not prove its case beyond a reasonable doubt; or Entering plea negotiations with the prosecutor to minimize your legal liability. Talking with a knowledgeable OVI defense lawyer immediately can help you determine your best course of action.  Call Gounaris Abboud, LPA, Today for More Information About How Can You Get a DUI for Prescription Drugs Remember that a conviction for OVI requires at least three days in jail, fines, fees, and mandatory license loss. In this difficult situation, experience matters. You can count on the award-winning and AVVO top-rated OVI defense lawyers from Gounaris Abboud, LPA to give you the best chance of obtaining a favorable result. Contact us at 937-222-1515 to talk with our Ohio SuperLawyers today. 

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false positive breathalyzer test

If you’ve ever driven past a police officer in the middle of an Ohio OVI stop, you may have seen the officer holding up a small device for the driver to blow into. This is a breath-alcohol testing device, more commonly known as a breathalyzer. Police officers use breathalyzers to estimate a driver’s blood-alcohol content (BAC). If the result of a breathalyzer test indicates a driver is under the influence of alcohol, it may provide the officer with probable cause to arrest the driver. How Does a Breathalyzer Machine Work? Under Ohio law, it is illegal to drive with a certain amount of alcohol in your system. The legal standard for what constitutes “drunk driving” is a blood-alcohol content of .08% or more. However, breathalyzer machines don’t actually test a person’s blood. Instead, these devices measure the amount of alcohol on a person’s breath. The device then uses a complex formula to provide an estimate of the driver’s blood-alcohol content. There are two types of breathalyzer devices. The breathalyzers police officers use during a traffic stop are called preliminary, or portable breath tests (PBTs). Most police districts also have a larger, more sophisticated breathalyzer at the station. While PBTs are much more convenient, they are also less accurate. Thus, the results of a PBT are generally inadmissible at court due to the possibility of a false positive breathalyzer test result. So, it is common for an officer who administers a PBT to then take a driver back to the station for additional testing. Problems with Breathalyzers If you’ve been arrested for an Ohio OVI, you may be wondering what can cause a false positive breathalyzer test. There are a few problems with breathalyzers. Residual Mouth Alcohol Breathalyzer tests measure the amount of alcohol contained in the expired air, or exhaled air, from a person’s lungs. After you consume alcohol, your body almost immediately begins absorbing the alcohol into your bloodstream. However, if you very recently consumed alcohol, there will likely be some alcohol lingering in your mouth and throat. This is called residual mouth alcohol. Residual mouth alcohol can cause an exaggerated test result or even a false positive. This is because the alcohol content in the mouth and throat immediately after consuming alcohol is much higher than the alcohol content in your exhaled breath. There are many potential sources of residual mouth alcohol, a few of which include: Nyquil or other brands of cough syrup; Cough drops containing menthol; Mouthwash; and Chewing gum. Additionally, a breathalyzer may pick up on residual mouth alcohol if someone has certain dental work or mouth piercings. For example, a dental bridge or a tongue piercing can cause alcohol to get trapped in small crevices in the mouth. Those who suffer from gastroesophageal reflux disorder (GERD) may also register a false positive on a breathalyzer test. This is because GERD can cause certain gases, including those containing alcohol, to leave the stomach and rise into the mouth and throat. Calibration Breathalyzer devices require constant calibration to function properly. Police departments should maintain a log of the maintenance performed on each breathalyzer machine. However, sometimes police officers forget to calibrate a breathalyzer. When a machine is not calibrated properly or not calibrated at all, it may result in an inaccurate test result. An experienced Ohio OVI defense attorney can review a breathalyzer maintenance log to determine if the device was properly calibrated prior to the administration of your test. OVI Arrests Based on False Positive Breathalyzer Results If someone is arrested based on a breathalyzer false positive, they can challenge the circumstances of their arrest. If successful, the challenge may result in the exclusion of any evidence obtained after the faulty test. For example, if you can show that a result from a PBT was inaccurate, any other subsequent test results or observations made by police officers may be inadmissible in court. If police searched your car and found incriminating evidence, this too may be excluded from trial. In some cases, this can mean the prosecution has no choice but to withdraw the case. Have You Been Arrested for an Ohio OVI Offense? If you face Ohio drunk driving charges based on the results of a breathalyzer test, do not give up hope. There are many defenses in Ohio OVI cases, especially those following an arrest based on breathalyzer test results. At the law firm of Gounaris Abboud, LPA., our dedicated team of criminal defense attorneys aggressively represent clients facing all types of DUI charges. We work with a team of respected expert witnesses who can help explain to the judge or jury why a breathalyzer test result may not be as accurate as the government claims. To learn more about our firm and the services we provide, give us a call to schedule a free consultation. You can also connect with us through our online contact form.

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how to get license back after dui

Given the risks that drunk driving poses to the public, the state of Ohio takes drunk driving very seriously. For this reason, the penalties that one faces if charged with driving under the influence (DUI) or operating a vehicle under the influence (OVI) are severe.  Aside from the risk of jail time and fines, a DUI conviction in Ohio often leads to license suspension. The answer to the question of how to get a license back after a DUI differs based on the circumstances of the charge. If you have prior DUIs, a license suspension lasts longer, and getting your license back is trickier. If you’re facing a DUI charge, it is important to know license suspension lengths and other penalties associated with a DUI in Ohio.  Like with any other criminal offense, if you face a DUI charge, you are innocent until proven guilty. Thus, the best way to avoid license suspension is to fight the charge with the help of an experienced DUI attorney. License Suspension for DUIs in Ohio Ohio state law refers to DUI license suspensions as administrative license suspensions (ALS). The law breaks an ALS into two different time periods. The first period is known as the “hard suspension” period. During a hard suspension period, driving privileges are revoked entirely. This means that regardless of where you need to go, you are not allowed to drive yourself.  After the initial hard suspension period, the courts can amend the terms of an ALS to allow for limited driving privileges. You are typically allowed to drive yourself to places like school, work, or medical appointments with limited driving privileges. The exact terms of limited driving privileges are up to a judge to decide. A judge will typically alter the limited driving terms depending on the case’s circumstances and your own personal circumstances. For example, someone with children in school will often be allowed to drive their children to and from school.  Ohio ALS Lengths The key factor that determines your ALS length is whether you have prior DUI convictions. The hard suspension time period in such a case is 15 days. After a first offense, this increases to one to five years total with a 30-day hard suspension period. A second DUI may bring license plate impoundment and vehicle immobilization for 90 days in addition to the ALS. For third, fourth, and fifth DUI convictions, the ALS period continues to increase. In addition to prior DUI convictions, a test refusal can increase the time of a license suspension. If you refuse a blood or breathalyzer test, Ohio law treats your ALS period the same as a high-tier second offense. Thus, your ALS will be between one and five years with 30 days hard suspension. A test refusal may also lead to vehicle immobilization and license plate impoundment for 90 days. If You Are Facing a DUI/OVI Charge in Ohio The best way to lessen the severity of an ALS suspension or avoid one entirely is to hire an experienced DUI defense attorney. The DUI defense attorneys at Gounaris Abboud, LPA, have more than 50 years of combined experience. With them advocating on your behalf, you can be sure that you have the best help available. Gounaris Abboud, LPA, has the distinction of being on the top 100 list of The National Trial Lawyers and the top 100 list of attorneys in Ohio put together by Super Lawyers. The firm builds its foundation on four primary principles that guide its work: trustworthy, empathetic, honest, and supportive. If you’re facing an Ohio DUI charge, contact Gounaris Abboud, LPA’s DUI attorneys today for a free consultation.

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High-Tier-OVI-in-Ohio

In Ohio, a person is guilty of driving under the influence (OVI) if they operate a motor vehicle with a blood alcohol content of 0.08 or higher. When someone’s blood alcohol content is significantly higher the offense becomes a “high tier” OVI. A “high tier” OVI, carries criminal penalties that are much more severe than the penalties for a typical OVI.  What is a High Test Result Under Ohio’s High Tier OVI Laws? When the police suspect a person of driving under the influence, they may ask that person to submit to a chemical test. This test measures the person’s blood alcohol content. If the test results show that the person has a blood alcohol content of 0.08 or more, the driver will likely face an OVI charge. If the test results show that the person’s blood alcohol content is equal to or greater than 0.17, the person faces a “high tier” OVI charge.  What test results qualify as a “high” under Ohio drug laws? Ohio law defines the following results as high, depending on the type of test: Breath test: 0.17 or greater Urine test: 0.238 or greater Blood serum or plasma test: 0.204 or greater Ohio considers these results excessively above the legal blood alcohol limit of 0.08. For the driver whose test returns a high result enhanced criminal penalties will likely follow if convicted.  Criminal Penalties for a High Tier DUI For a high tier OVI conviction, Ohio law imposes enhanced criminal penalties. The following are potential penalties that could result from a super DUI: Suspended driving privileges.  The Ohio Bureau of Motor Vehicles (BMV), through an Administrative License Suspension (ALS), will suspend a person’s driving privileges after a test over the legal limit. This means that you may not drive until your driving privileges are reinstated or if the Court grants driving privileges.  Suspended driver’s license. The court may suspend the individual’s license for one to three years following an OVI conviction.  Fines. The fines imposed for an OVI range anywhere from $375 to $1,075.  Ignition interlock device. The court will require that the driver install an ignition interlock device at the driver’s expense if convicted of a “high tier” OVI. Ignition interlock devices prevent the operator from starting the car until they pass a breath test. Some devices require a second breath test at random while the vehicle is in operation. If the court grants the person unlimited driving privileges, the person must install an interlock device. Restricted license plates. If the court allows the person to continue driving, the person will need to display restricted license plates if convicted of a “high tier” OVI. Restricted license plates are bright yellow with red lettering. The plates signal that the driver has limited privileges because of a driving under the influence conviction. Jail time. An individual usually must serve a mandatory 6 six days up to 180 days in jail if convicted of a “high tier” OVI.  For a second “high tier” OVI conviction, the sentence ranges from a mandatory 20 days to six months in jail. The punishment for a third “high tier” OVI conviction is at least 60 days in jail and up to one year. Probation. The court may require up to five years of probation for a “high tier” OVI conviction.  These penalties often affect the individual’s life significantly because of things like increased insurance rates, associated costs and expenses, and limited ability to travel. Because of the potentially severe consequences of a “high tier” OVI you should immediately seek legal representation to help you in your defense.  Contact an Experienced OVI Attorney in Ohio If you are facing OVI charges in Ohio, you need an experienced defense attorney on your side. At Gounaris Abboud, LPA, our experienced and distinguished defense lawyers will work hard to protect your rights at every stage of your case.  Contact our legal team today for a free case evaluation. Our lawyers can discuss how we can help you develop a strong legal defense and obtain the best possible outcome. 

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2nd ovi in ohio

The penalties for a second OVI in Ohio increase with each conviction. If you were arrested after being convicted in the past, your punishment could be far more severe than it was the first time. First, get an Ohio DUI defense attorney as soon as possible to help fight your charges. Next, you’ll need to understand what to expect from a DUI second offense. Overview of Ohio DUI Laws Before getting to the punishments for a second conviction of drunk driving, you need to know the basics. Instead of driving under the influence (DUI), Ohio uses the term Operating a Vehicle Impaired (OVI). There are two scenarios where you could be arrested for drunk driving in Ohio: Police officers stopped you and asked you to take a breathalyzer test, which measured a blood alcohol content (BAC) of .08% or more; or, Officers pulled you over and had a reasonable suspicion that you were impaired by alcohol. Note that two different standards measure your BAC. You’re considered to have a “low” amount of alcohol if a chemical test reveals a BAC of .08% to .17%. However, you may be arrested for high OVI if your BAC exceeds .17%. Increased Penalties for an Ohio OVI Conviction If you’re charged with drunk driving under the above circumstances, and you have a prior conviction, you will be charged with an Ohio OVI second offense. Your sentence may include: At least 10 days in jail, though a judge could increase this term to up to six months in jail; Fines ranging from $525 up to $1,500; and, A driver’s license suspension for at least one year and up to four years. Keep in mind other consequences: If your BAC is above .17%, your mandatory jail sentence is at least 20 days. When the car you were driving is your own, the police will impound it; you cannot recover it without a court order. Though a judge may allow you limited driving privileges, you do not qualify for at least 45 days after your arrest. Contact an Ohio OVI/DUI Lawyer for Assistance in Fighting the Charges If you’ve been arrested for a 2nd OVI in Ohio, it’s critical to understand the punishment you could face. A conviction will hit your wallet, but there are also implications for your freedoms. For more information on your case and help fighting the charges, please contact Gounaris Abboud, LPA. We can answer your questions and provide more information after reviewing your case.

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ovi ohio first offense

Intoxicated driving is one of the most common criminal charges in Ohio. The Ohio State Highway Patrol reports that 19,008 people were arrested on OVI charges in the state in 2018 alone. No matter the specific circumstances, an OVI charge is always a serious matter. Even a first-time OVI conviction could result in a defendant facing severe penalties. Here, our Dayton defense lawyers give an overview of the Ohio OVI laws. We will also explain what to expect if you are facing a first-time intoxicated driving offense. OVI Ohio First Offense: What Am I Facing? Under Ohio law (Ohio Revised Code § 4511.19), it is unlawful to operate a motor vehicle under the influence of alcohol or drugs. Ohio has graduated penalties for OVI offenses. This means a defendant will face worse penalties with each intoxicated driving offense. Still, a first-time OVI is not a minor issue. Among other things, the penalties for a DUI in Ohio first offense may include: Up to $1,075 in fines and fees; Other financial penalties and increased insurance costs; At least three days in jail or a three-day Driver Intervention Program; Up to six months in prison; and A license suspension of up to three years. Administrative Penalties: Your License Will Be Automatically Suspended — Unless You Act If you get charged with a drunk driving offense in Ohio, your license will be suspended before you get a hearing on your case. You can take action to stop this. Contact an experienced OVI Ohio defense lawyer after your drunk driving arrest. You have 30 days to request a hearing to argue the automatic suspension. You May Face Additional Penalties if Other ‘Aggravating Factors’ are Present A history OVI offenses is not the only factor that impacts the criminal penalties in these cases. A defendant could be charged with a more severe OVI offense if: They were highly intoxicated — a BAC level above .17; The accident occurred resulted in significant property damage or an injury; There was a minor present within the vehicle; or Other traffic offenses, such as reckless driving, were committed at the same time. Speak to a DUI Defense Attorney in Dayton, Ohio At Gounaris Abboud, LPA, our Ohio drunk driving defense lawyers have more than 50 years of experience protecting the rights of our clients. If you or a family member was arrested for a first-time OVI offense, we can help. To arrange a free, no obligation analysis of your case, please contact our law firm right away. With offices in Dayton and Springboro, we serve clients throughout the region, including in Montgomery County, Warren County, and Butler County.

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Sobriety checkpoints are a tool commonly used by law enforcement in an attempt to spot individuals who are driving under the influence (DUI). As with any police encounter, it is critical to understand your rights in order to stay safe. If you make the wrong move at a checkpoint, you could end up in trouble with the law, even if you have done nothing wrong. Below, we outline what to do and what not to do in the event that you find yourself stopped at a DUI checkpoint. What Not to Do During a DUI Stop Do not consent to a vehicle search: Unless the police possess probable cause or a warrant, they require your consent to perform a search of you or your vehicle. In the case of a routine traffic stop, drivers are typically not singled out and thus it is extremely unlikely that police will have the legal foundation to conduct a search. Telling a police officer “no” may be uncomfortable or may even feel unlawful but you are well within your rights to do so. Do not take a field sobriety test: If the officer has reason to believe that you have been drinking, you may be asked to perform a field sobriety test. The three tests commonly administered are the one leg stand test, the walk and turn test, and the horizontal gaze nystagmus test. What law enforcement may not want you to know is that all three tests are optional and you cannot be punished for the refusal to participate. Sobriety tests are not meant for a driver to prove their innocence. Do not take the breathalyzer: A breathalyzer given before an arrest is another example of a police action that requires your consent. While it is possible that denying this test may raise an officer’s suspicion, if he or she is planning to arrest you, there may be little you can do to stop it. Participation only serves to give the police evidence to build a case against you. It is important to note that the chemical tests given after an arrest are a separate animal. Refusal of a chemical test at the police station can result in the suspension of your driver’s license. What to Do During a DUI Stop Limit what you say: If an officer pulls you over at a DUI stop, it is likely that he or she will ask questions about what you have been doing. Remember, law enforcement may be looking for signs of driver intoxication and any information you give them may be used against you. It can be best to limit what you say or to remain silent. If the police continue their line of questioning, you can state that you are exercising your Fifth Amendment right to remain silent. Be polite: While you do not have to answer every question a police officer asks, it can be helpful to remain courteous. At the very least, by remaining calm and collected, you can show the officer that you have nothing to hide. Furthermore, it can reduce any chance that your behavior will be interpreted as resistant or aggressive. At a DUI stop, cars are typically chosen randomly and police may want to check in with you and move on to the next person in line. Remaining calm can help the process to move along quickly. Comply with basic requests: While you do not have to perform field sobriety tests or answer detailed questions about your business, you should cooperate with basic requests. For example, if an officer asks you to provide identifying information, you should do so. However, when law enforcement asks to take actions such as a search of your vehicle, you can withhold your consent. Contact an attorney: In the event that you are accused of DUI or another crime as the result of a sobriety checkpoint, do not waste any time in securing legal representation. A knowledgeable attorney will know your rights and can advise you on your legal options for overcoming any charges you face. You have the right to an attorney and you do not have to deal with the police without your lawyer present. Get the DUI Defense You Deserve! While following the tips above can help you to stay on the right side of the law, if you are charged with driving under the influence, it is vital to take legal action immediately. You may have only several days in which to contest a license suspension and our Dayton DUI attorney can help you to protect your driving privileges. At Gounaris Abboud, LPA, we have substantial experience helping clients to defend their rights and have been named to the list of Top 100 DUI Attorneys in Ohio for our legal ability. Get the aggressive defense you need and contact our firm today. Call 937-222-1515 and request a FREE case evaluation to learn about your legal options

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An adult convicted of a DUI (driving under the influence) is certainly in for some troubled times ahead. An underage driver convicted of a DUI may be in even more trouble, as it places a damaging mark on their record at such an early stage of their lives. If you are a parent of an underage driver who was arrested for a DUI in Ohio, you need to be aware that it is up to you as their legal guardian to take the initiative and protect their rights and driving privilege. Penalties Underage Drivers May Face If your underage child is convicted of a DUI, the first penalty will most likely be a $250 fine. If your child does not have this money under their sole control, you will be expected to pay it instead. The Ohio Bureau of Motor Vehicles (BMV) will enact a license suspension of two years or until your child is 18, whichever suspension will last the longest. This can be a major burden for both you and your child as you both must cope with their sudden loss of their freedom of mobility. In cases where your child’s allegedly intoxicated driving causes an accident, resulting in significant injury, property damage, or death, they may be sentenced to 30 days in jail or a juvenile correctional facility. Such penalties are notorious for being more detrimental to a child’s wellbeing than constructive. You should do all you can to prevent this occurrence. It should also be noted that an underage DUI charge is triggered by a blood alcohol concentration (BAC) of only 0.02%, not the more-commonplace 0.08%. Working Towards an Optimal Solution Most Ohio State judges presiding over underage DUI cases will admit that they do not want to penalize someone so young so harshly, but they must do their duties as representatives of the justice system. With this in mind, our Dayton DUI attorneys from Gounaris Abboud, LPA may be able to negotiate with the judge to secure your child an alternative sentencing that focuses not on punishment but instead on rehabilitation and education. We can also support you during BMV hearings and license reinstatement procedures to make certain that the administrative side of your underage child’s DUI case goes as smoothly as possible as well. Want to know more about our services? Call 937-222-1515 for a free case evaluation today.

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