Cleveland DUI Attorney

Often, our clients will ask us: “What can you do for me? I blew over the legal limit and got an OVI!” Your case might feel hopeless if you failed a breathalyzer or field sobriety test; however, simply failing either (or both!) tests doesn’t mean you’ll be convicted. That’s why you need a DUI attorney with actual experience defending clients from these charges.

At a minimum, in every case, we review the following to look for grounds for dismissal:

• The police report relating to your DUI arrest
• The field sobriety testing results relating to your DUI arrest
• The dash camera video, if it exists
• The complete logs relating to the breath test you took, if you took one
• The complete logs for any other type of blood or urine test you took

Many people—including some lawyers—do not know that there are two legal blood alcohol limits in Ohio. The first legal limit is 0.08 and the second is 0.17. The penalties for these types of charges go up significantly if you test over the second legal limit (also known as a high-tier test). But we can sidestep those penalties if the arresting officer violated your rights during the arrest.

Another question we get: “I was drinking, how can I possibly fight my Cleveland OVI charge?” While we at Patituce & Associates do not consider our defense strategies basic by any stretch of the imagination, even the most basic strategies can help our clients receive the results they deserve.

There are many different avenues to challenge an OVI:

• We can challenge the reason you were stopped. A lot of the time, especially in cases where there is a dash camera, we analyze the footage to see why a defendant was stopped. Sometimes, allegations of the arresting officer are not visibly apparent and thus can be challenged. If the stop is bad, everything after the stop is bad.
• We can challenge the reason the arresting officer removed a defendant from the vehicle to perform standard field sobriety testing. If there was no reasonable suspicion to remove a defendant from a vehicle, then everything after the wrongful removal is bad as well.
• We can challenge the field sobriety test results. Ohio universally recognizes the NHTSA as to how the field sobriety tests should be administered. If the tests aren’t administered correctly, it can impact the way a defendant performs those tests.
• We can challenge chemical test results, whether it be a blood, breath, or urine sample. There are strict procedures for handling samples; if the blood or urine sample is mishandled in any way, the test results are void.

In our opinion, the two most important pieces of DUI defense are the video from the dash camera and the logs relating to the breath test. Here’s why: police officers often overstate, even accidentally, your performance on the test.

It happens all the time. We’ll review a police report and say, “Wow! Sounds like you were intoxicated.” The police report will say things like “slurred, slow speech, poor balance, etc.” However, when we go to the video, we see our client speaking normally, keeping their balance, and performing well on the test. We like to argue in court, and have done so successfully, that a police officer might lie—but video does not. That’s why video is important.

Read our blog post about 5 DUI Arrest Mistakes Police Make!

We are shocked that there are OVI attorneys who don’t go to the police station and review breath test logs. Our attorneys once witnessed another lawyer, a seasoned ex-police officer, plea their client to a first-offense DUI at the arraignment. This attorney did not go to the police station and did not review the records.

What was outrageous was that we had a case out of the same police station and knew, because we had examined the records, that the machine was defective. The result? Our client agreed to reckless operation and received a $50 fine plus court costs. They got their license back that day. The other attorney’s client? They received 3 days in jail and 3 days at a driving class. Not the best result.

We are not a plea factory. Many DUI lawyers will take clients and work out a quick plea deal. This approach has given defense lawyers a bad name. We advocate aggressively for our clients, tailoring our approach to their needs. Some clients want us to work out the best deal as fast as possible; others want us to challenge the evidence and attempt to secure an acquittal. It depends on the client’s situation.

If you have a job that requires driving or a clean criminal record, you might need to fight the charges. Our Cleveland DUI lawyers understand that.

If you are lawfully arrested for OVI, two processes take place. The first (the administrative process) determines if your driver’s license gets suspended. The second (the criminal process) determines if you’re guilty of a crime, with all the penalties implied therein.

Upon a lawful OVI arrest, a police officer may request you take a chemical test to determine your blood or breath alcohol level. If it’s at or above .08, or if you refuse to provide a sample for analysis, the officer can immediately seize your driver’s license and suspend your driving privileges.

The immediate driver’s license suspension is part of the administrative process. Note that this sanction happens before your criminal case is decided.

To reinstate your driving privileges after an administrative suspension, you must:

• Serve the suspension period
• Pay the reinstatement fee
• Provide proof of insurance

Read more on our “What Happens After a DUI Arrest?” blog post!

After your arrest, you’ll be arraigned. During this proceeding, a judge explains the charge brought against you and potentially sets a bail amount, which you must pay to secure release. At the arraignment, the judge will ask you to enter a plea. If you plead guilty, you will be convicted of the offense. Entering a not-guilty plea means your case will proceed, and you’ll have the opportunity to challenge the prosecutor’s accusations against you.

The next stage in the criminal process is a pretrial hearing. Your attorney will meet with the prosecutor and present facts/evidence to counter their case. Depending on the specifics of your case, the prosecutor may offer a plea deal, such as reducing your OVI charge or recommending a lesser sentence. Most cases are settled during a pretrial hearing.

Find out about getting your OVI charges reduced on our blog:

• Can I Get My DUI Charges Reduced in Ohio?

If your case is not resolved outside of court, it goes to trial. The prosecutor will attempt to prove your guilt beyond a reasonable doubt, while your defense attorney will present counterarguments to defend your innocence and protect your rights and freedom. Because most cases settle at pretrial hearings, fewer attorneys than you realize have real courtroom experience.

If the prosecutor prevails and the jury convicts you of OVI, you’ll be brought to a sentencing hearing, where the judge will determine what term of incarceration and fines to impose.

An IID is similar to a breathalyzer. You are required to breathe into the device to start your vehicle. If your blood alcohol content (BAC) is above .02 percent, the vehicle will not start. Furthermore, the IID also requires random tests while the vehicle is in motion.

If the device detects alcohol, a company that monitors the IID will be notified of the failed result. IID violation can lead to license suspension for a longer period or a jail sentence. Installation fees cost between $200 and $300, while monthly maintenance costs between $100 and $200. There is also a fee for removing the device once you serve your suspension period.

Ohio drunk driving laws have been among the toughest in the country since the early 1990s. You will lose your license if you are convicted of OVI in Ohio. Period.

How long your license is revoked depends on the severity and details of your arrest. You will lose it immediately if you refuse to take a sobriety test or if the breathalyzer result is higher than the legal limit of 0.08% BAC. Authorities can also take your license plates and seize or disable your vehicle if you have multiple arrests for DUI.

Ohio DUI penalties are extremely serious:

• First OVI: At least 3 days in jail or a 3-day alcohol abuse program. Fine up to $1,075.
• Second OVI: A jail sentence of 10 days to 6 months or a combination of jail, house arrest with monitoring, and/or continuous alcohol monitoring. The fines can be $1,625.
• Third OVI: A punishment of 30 days to 1 year in jail. If your BAC was 0.17% or higher, the sentence is a minimum of 60 days. The fine can be $2,500 along with paying for an alcohol or drug treatment program. You will also lose your driver’s license for 2 to 10 years. If your second OVI was less than 6 years prior to this arrest, throw out the above info because you are facing a felony now.
• Fourth OVI: Up to 5 years in jail and a $10,000 fine for a 4th conviction. Plus, you would be required to surrender the car you drive to the authorities. Some 4th offenders lose their licenses permanently.
• 5th OVI or More: Call Patituce & Associates, LLC. We need to discuss what’s coming.

Being charged with an OVI is serious. If you’re convicted, the information will stay on your criminal record forever.

Ohio has a 10-year lookback period when it comes to OVI offenses. This means that if you are charged with a second or subsequent offense, the judge may look at your criminal history to see if you have any priors. If you do, and they occurred within 10 years of the current charge, they will be considered previous offenses for sentencing purposes.

Here’s an illustration of how this works: If you’re accused of a first OVI, you may face a mandatory minimum jail term of 3 days and a fine between $375 and $1,075. But, if this is your second OVI in 10 years, you could be sentenced to a mandatory minimum jail term of 10 days and/or a fine between $850 and $2,750.

Many of our clients are individuals who own and operate their own truck companies–or single units. All these people have one thing in common: they have a CDL and without it, they are unable to work, function, and survive. We have often said that we believe DUI law impacts people holding special licenses more than those without, and it is certainly true when you talk about a CDL. If you have a CDL and are charged with an OVI/DUI, you need to speak with a Cleveland DUI attorney immediately. Call us at (440) 771-1175.

It is important to hire a criminal defense lawyer who knows exactly how to both defend a DUI and protect your CDL. The Cleveland DUI attorneys at Patituce & Associates, LLC have handled a wide range of cases. We know how to find errors in police work, and we know how to exploit it to our advantage.

In one case, we secured a dismissal for an individual who was simply sitting in his vehicle when the police approached. We successfully convinced the court to throw out the entire DUI case without the need for a trial. The prosecutor wanted our client to serve a significant jail sentence, our client took our advice and we fought. We won and our client walked out with his license intact, no fines, no costs, and no jail time.

Having an experienced Ohio criminal defense lawyer by your side is critical for ensuring that your rights and your future are protected. Our attorneys will effectively evaluate your case, and gather important evidence to support your case. In the situation that your case gets taken to court, your attorney will be there to provide you with fierce representation on your behalf. Your DUI attorney can also serve as a great support system for you and offer you the emotional reassurance that you need during this challenging time.

A DUI lawyer can help you in the following ways:

Don’t go through the repercussions of a DUI by yourself, let our experienced DUI lawyers in Cleveland help protect you and your future. Without a reputable DUI attorney, you may be risking the outcome of your case as well as your reputation. Contact our attorneys today to schedule a free consultation and to learn more about how we can help you.

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• How a DUI Can Impact My Education?
• How Will a DUI Conviction Affect My Nursing License?
• How Can an OVI Affect Employment?
• Do I Have to Tell My Boss About My DUI Arrest?
• CDL Drivers & Ohio DUI
• Can I Get a DUI for Sleeping in My Car?
• Why Is My DUI Case Set For A Motion to Suppress Hearing?
• How to Avoid a DUI During the Holidays
• Common Mistakes After Getting Arrested for a DUI

Yes, you can challenge an OVI charge in Ohio. There are several potential defenses depending on the circumstances of your case. For example, you can question the accuracy of the breathalyzer or blood test results, challenge whether the police had probable cause to stop you, or argue that the field sobriety tests were improperly administered. Hiring an experienced OVI lawyer at Patituce & Associates can help you explore your options and potentially reduce or dismiss the charges.

If you are under 21 and charged with OVI in Ohio, you face stricter BAC limits and penalties. For drivers under 21, the legal BAC limit is just 0.02%, and if you are found with a BAC between 0.02% and 0.08%, you can be charged with Operating a Vehicle after Underage Consumption (OVUAC). Penalties for underage OVI include fines, a license suspension of up to two years, and possible jail time or community service. A conviction can also impact your future, including your ability to obtain scholarships, financial aid, or certain jobs.

Ohio has a 10-year "look-back" period for OVI offenses. This means that if you are convicted of a second OVI within 10 years of your first, the penalties for your second offense will be more severe. The more OVI offenses you have within this 10-year period, the harsher the consequences, including longer jail sentences, higher fines, and extended license suspensions. Each OVI remains on your permanent record, but the look-back period is used to enhance penalties.

If you're pulled over for suspected OVI in Ohio, remain calm and polite. You have the right to remain silent and are not required to answer questions about where you’ve been or if you’ve been drinking. You may be asked to take field sobriety or chemical tests, but you have the right to refuse these tests, though this can result in a license suspension. If arrested, it's important to contact an experienced OVI lawyer as soon as possible to help protect your rights.