DUI Defense Attorney Dayton

Southwestern Ohio’s prominence as a transportation and shipping center was largely responsible for Dayton’s growth and development. As a result, the area has a large network of roads and highways. Transportation is so important to Dayton that authorities aggressively enforce DUI laws here. They do not want anything to threaten the commerce that drives our economic growth.

At the Comunale Law Office, our Dayton DUI defense attorneys are just as aggressive in these matters, but our only interests are your legal rights. Defending individual liberty is our passion. So, we serve as a strong voice for you in both court hearings and pretrial negotiation sessions. Our aggressive approach has won us the respect of our peers, and it has also won accolades from our clients.

Direct and Indirect DUI Consequences

New York lawmakers passed the nation’s first DUI law in 1910. For over 70 years, DUI was little more than a traffic ticket. Then, in the late 1980s, a legal crackdown began. Part of this crackdown included mandatory jail time for offenders, longer possible jail sentences, higher fines, and lengthier drivers’ license suspension periods. 

Moreover, judicial decisions and technological advances give authorities more ways to impose these penalties. Roadside DUI checkpoints are generally legal in Ohio, if they meet specific legal requirements. Technological innovations include the Ignition Interlock Device. IIDs, which disable vehicle ignition if the driver’s BAC level is too high, are commonly a condition of DUI probation in Ohio.

There are significant indirect consequences, as well. Higher auto insurance rates are probably the best example. People convicted of DUI must purchase high-risk insurance and keep it for at least three years. SR-22 insurance often causes rates to double or even triple.

Defending DUI Charges in Court

The most effective DUI defenses usually begin before the case even goes to court. In most cases, an Administrative License Revocation hearing precedes the court date. At the ALR hearing, a hearing officer determines if officers had probable cause to request a chemical breath or blood sample.

Dayton DUI defense attorneys have a chance to cross-examine police officers under oath at the ALR hearing. If officers slip up in any way, their testimony can be used against them in court. Furthermore, a Dayton DUI defense attorney may be able to get the drivers’ license suspension period lowered.

Most DUI prosecutions rely on chemical tests. These tests are not always accurate. The first Breathalyzer, which was then called a Drunk-O-Meter, appeared shortly after the first DUI law went into effect. Today’s Breathalyzers have more bells and whistles than the ones used in the 1920s, but they are essentially the same machines. So, the Breathalyzer has a number of mechanical and scientific flaws.

Blood samples often involve procedural defenses. If there is a gap in the chain of custody, the sample’s reliability is legally questionable. Furthermore, a Dayton DUI defense attorney can demand a re-test. An independent lab often comes up with different results than the ones a police technician obtained.

Contact an Assertive Attorney

DUI charges are difficult, but not impossible, to defeat in court. For a free consultation with an experienced Dayton DUI defense attorney, contact the Comunale Law Office. Home and jail visits are available.