Ohio DUI Lawyer Near Me

Many qualities, like practical experience and dedication to criminal law, are important in a DUI lawyer. Accessibility might be the most important quality. Unless an Ohio DUI lawyer is near you, the attorney-client relationship cannot be a partnership. These kinds of relationships almost always generate the best results. This commitment is important in these situations because as outlined below, there is a lot at stake, even for a first-time DUI.

The compassionate Ohio DUI lawyers near you at the Comunale Law Office know how a criminal conviction makes life much more difficult than it already is. We work hard to quickly review your case and identify all possible defenses. Then, once the case goes to court, we aggressively challenge the state’s assertions, beginning with procedural loopholes and extending to the evidence in the case. Once the fight begins, we do not relent until we obtain the best possible result under the circumstances. 

Direct and Collateral Consequences

All criminal cases have direct and indirect consequences. By law, officials must only warn defendants about the direct consequences of their crimes. So, when it comes to indirect consequences, many people are caught completely off-guard.

Over the last several years, as the war on drunk drivers has intensified, the direct consequences of DUI have worsened. Probation periods are longer and include more requirements. Additionally, most convicted DUI defendants must serve at least some jail time. Prosecutors are also more aggressive when it comes to DUI enhancements, like child passengers or open containers.

The indirect consequences are worse, as well. Overall, the belief that a drunk driver simply had one too many is long gone. 

Some indirect consequences are direct. Sky-high auto insurance rates are a good example. Usually, motorists with DUIs on their records must buy high-risk insurance for at least three years. An SR-22 is usually at least three times higher than other kinds of auto insurance. 

Others are more indirect. Employment effects are a good example. To many bosses, people who drink and drive have poor judgment and cannot be trusted to make good decisions. On a related note, many commercial insurers do not cover drivers with DUIs on their records, no matter how old the conviction is.

Defensive Strategies

Usually, for an Ohio DUI lawyer near you, intoxication is the biggest issue in these cases. To prove intoxication beyond a reasonable doubt, the state usually must rely on a chemical test or on the Field Sobriety Tests.

Breathalyzer tests, like all other scientific tests, are not 100% accurate. Overall, these devices measure breath alcohol level and use that figure to estimate blood alcohol level, which is the legal standard in Ohio. That extra step creates issues like:

• Mouth Alcohol: When defendants burp or vomit, alcohol particles from the stomach flood into the mouth, skewing the breath alcohol content measurement and therefore the blood alcohol content estimate.
• Ketones: Many people, especially diabetics, have naturally high ketone levels. These individuals often need insulin to regulate their blood sugar levels. Most Breathalyzers measure ketones as ethanol. So, these people might fail breath tests even if they have not been drinking.
• Unabsorbed Alcohol: Usually, a person absorbs about one drink per hour. So, if the defendant had been drinking recently, that alcohol shows up on a breath test, but is not yet absorbed into the blood.

These flaws, which a degreed chemist can point out to the jury, are especially important in .08, .09, and other borderline BAC cases in Ohio.

The three approved Field Sobriety Tests are the walk and turn, the DUI eye test, and the one-leg stand. Once again, all these tests are flawed.

Horizontal Gaze Nystagmus tests (DUI eye tests) are a good example. Alcohol is not the only cause of nystagmus, which is a condition in which one’s eyes dart back and forth involuntarily. In fact, alcohol is not even the leading cause. Additionally, most people who have nystagmus do not know they have it because the symptoms are so mild. As a result, most Ohio judges only allow prosecutors to use HGN test results in limited situations.

Contact an Experienced Summit County Attorney

Criminal charges have direct and collateral consequences. For a free consultation with an experienced DUI lawyer near you, contact the Comunale Law Office. Convenient payment plans are available.