Toledo DUI FAQ

As Toledo DUI lawyers, we at Patituce & Associates often talk to clients who have questions about Ohio DUI laws and how to fight the charges against them. This page answers some of the most frequently asked DUI questions.

To learn more, call our DUI lawyers at 419-737-4556 today!

Table of Contents

What Is an OVI?

The law in Ohio changed a few decades ago. We now refer to drunk driving as OVI, instead of DUI. There are some major differences between the old law and Ohio’s current OVI law.

One of the most significant changes has been the way the legal limit is treated. In the 1980s, for example, if you exceeded the legal limit, it was still possible to claim that you were not impaired. If you exceed the legal BAC limit in Ohio today, you are presumed guilty.

To defend yourself against these charges, it is crucial to find a skilled DUI attorney.

Another significant change is the introduction of a crime called physical control. OVI is similar in many ways to physical control, but one thing is different. Physical control doesn’t involve driving a motor vehicle. For simply sitting in your car and being intoxicated, you can be charged with physical control.

I Was Arrested for a DUI/OVI, What Now?

To defend yourself against these life-altering accusations, you need to immediately call us. Because the stakes can be so high, we recommend that you hire the services of an attorney who specializes in this area.

Even if you have only committed one offense, you could be sent to jail for as little as 3 days or up to 180 days. You could also lose your license for 6 months or 3 years. Think about how difficult it could be to keep employment after a conviction. The consequences for repeat DUI offenses are even harsher.

As your defense begins the moment you leave the police station, it is crucial to consult an attorney prior to your first court date. If you are fortunate enough to have your family call a lawyer, the process begins before you leave the police station.

What Are the Chances That DUI Charges Will Be Reduced?

You want to ensure that you get the best deal possible when you buy a car. It makes sense that you would want to understand the odds of winning your DUI case.

We can’t tell you the chances of winning your DUI case without a thorough understanding of all the facts. We gather information during our free initial consultation and while working on your case.

Once we have gathered all of the evidence, taken into consideration who the judge is, what jurisdiction you are in, who the officer is, and who the prosecutor is, then we can give you a very accurate opinion on what will happen. In fact, we will give you advice on whether you should take a plea or take the matter to trial.

What Happens During a DUI Case?

The police officer will assign you a date for the first court date after your arrest. We often manage to get our clients out on their first court date. If you must be present in court, we’ll be there with you.

For two reasons, many people enter a plea of guilty/no contest on their first date: (1) Everyone else is doing it that day; (2) MADD and SADD have spread so much propaganda that people believe these cases can’t be won. It is crucial that you do not plead guilty at your arraignment.

These cases must be handled professionally and in a specific manner. As discussed elsewhere on this website, these cases place a heavy burden on the prosecutor. The prosecutor must prove many things that are very difficult to prove.

DUI law book and judge gavel

How Can We Beat DUI Charges?

To determine the best DUI defense strategies, we start from the beginning.

Why were you stopped by the police? Was there a reasonable suspicion that you had committed a traffic offense? The next step is to look at what took place once you were stopped. What did the officer smell, see, and notice?

We are certain that your 2255 form states that the officer observed an “odor of alcohol and bloodshot eyes, SFTS.” We can tell you what your form says because officers always make these statements in DUI arrest reports.

We attack the field sobriety tests. It would shock you to see how bad some officers are at these tests. If you took a breath, urine, or blood test, we will challenge the results by presenting scientific evidence of how these tests can be inaccurate and pointing out any mistakes by police or flaws in the calibration of the machines.

A DUI case can be won, but it requires a skilled and experienced attorney.

What Are the Legal Blood Alcohol Limits for DUI?

Most OVI arrests are based on failed breath tests. However, more police departments now use blood draws to support their cases following a Supreme Court decision. Although the legal limits are the same as for breath volumes, the forensic toxicologist measures the alcohol content of the individual’s system instead of measuring deep-lung alcohol levels.

Blood testing is subject to the same legal limitations as breath testing. You will spend a minimum of three days in jail if you exceed the legal limit of 0.08, but less than 0.17. You will be required to spend at least 6 days in jail if you test above 0.17.

Failure to pass either test can result in your license being suspended for up 3 years.

I Blew Below 0.08 During the Breathalyzer Test. Why Was I Still Charged with a DUI?

There are two different types of charges in Ohio for driving under the influence. One is for having a breath test result over 0.08. This is known as the per se limit. Ohio legislators have made it a crime to have a blood alcohol level of 0.08 or higher.

Driving under the influence is also a separate offense. If you blow below 0.08 on a breath test, a law enforcement officer may still charge you with DUI if he/she believes your driving was impaired even though you are not over or at the legal limit.

Should I Plead Guilty or No Contest?

Many people feel overwhelmed by the pressure of being charged with DUI or OVI. When it comes to hiring a lawyer, people tend to either think they should fight the charges or give up and hope the court will be forgiving.

After speaking with one of our experienced lawyers, almost everyone realizes that there is only one option: Hire an attorney and fight.

All DUI cases in Ohio are subject to mandatory penalties. This includes jail, driver’s license suspensions, points on the license, registered plates, and more. You must remain in jail for at least 3 to 6 days and up to 180 days depending on the type of case.

An attorney can help you fight these penalties and possibly avoid them. As we sat in court, we watched as people entered pleas of no contest.

The first man was a doctor who had exceeded the legal limit. He was sentenced to 3 days in jail and 3 days in a driver education program. A teacher who refused to take the breath test was sentenced to 6 consecutive days in jail.

Police arresting a drunk driver who needs a Toledo DUI defense lawyer

Is It Possible to Reduce My Charge to a Reckless Operation Charge?

It is extremely difficult to reduce a DUI to reckless operation. However, we can assure you that it is possible. Many lawyers make the error of asking for a lower charge at the first hearing. Prosecutors will often refuse to reduce the charge if this happens. Many courts won’t allow a reduction of charges if the case has not been handled properly.

How can a lawyer reduce your OVI/DUI charges to reckless operation? While experience and preparation are the two most important keys, it is not enough.

To get a DUI reduced to reckless operation, you will need to prove that you are a person who deserves it and that your DUI case has some flaws that warrant a reduction by the prosecutor. We have plenty of experience with this.

What Is the Cost of a DUI?

This is one of the most frequently asked DUI questions. Other websites refer to a DUI as the “$10,000.00 ride home,” but don’t go into too much detail.

We’ve explained the costs associated with a DUI below.

Attorney Fees

Attorneys who specialize in this field, and have been doing so for decades, charge anywhere from $5,000 to $10,000 for their representation. Other attorneys may charge only $750.00 to represent your case. We’re somewhere in between. Our attorneys are all former prosecutors. We offer the best defense available for the price we charge.

We only charge flat fees for DUI cases. This is because it allows us to do two things. Flat fees allow us to know how much we will get in a case and (2) it allows our lawyers to adequately defend you without worrying too much about an hourly rate. In certain cases, we work closely with our clients to negotiate payment plans.

Court Costs & Fines

This is something few people consider. For a DUI/OVI conviction in Ohio, fines range from $375 to $1075 for the first offense and up to the tens or thousands depending on the type of offense.

Each court has its own costs. Different courts may charge different fees for certain aspects of your case. Talk to your attorney to find out what the charges could be. Between court costs and fines, you could end up spending thousands. You don’t have to pay court costs or fines if your case is won.

Driving Privileges

It is our priority to get driving privileges for all of our clients. You could lose your job if you are unable to drive to work or as part of your job. Alternatively, you might spend thousands of dollars if your only options are paying rideshare/taxi drivers or taking public transportation.

Insurance Costs, Points on Your License

A DUI conviction can result in 6 points on your driver’s license, which is something that most people and some lawyers don’t know. You will need to purchase high-risk insurance if you are younger than 21. This insurance is extremely expensive. Your insurance will go up significantly even if your arrest was made when you were still of legal age.

Can a DUI / OVI Be Expunged?

No. In Ohio, DUI/OVI can’t be expunged under most circumstances. Unfortunately, this is a question we often have to answer late in proceedings when potential clients approach us with the question. They are not advised that their DUI will remain on their record for life.

Protect yourself against the possible penalties for a DUI conviction. These can last a lifetime even after you are done with probation, jail, or any other punishment that may have been imposed by the court in your case.

You should consult a DUI attorney immediately if you are facing DUI charges in the Toledo area.

A Toledo Attorney Answering Frequently Asked DUI Questions

Can an Attorney Make a Difference in My DUI/OVI Case?

The most common mistake people make when defending their OVI case against their lawyer is to go to court without an attorney and try to explain their case to them to the judge. People believe that a plea of guilty, or no contest, will reduce their DUI charges. This is a false belief that often leads to people going to jail instead of home.

A second error is to choose an attorney who does not dedicate a significant portion of their practice to DUI defense. You can determine if they are a good choice by what they charge. Are they charging incredibly low rates when compared to other attorneys ($750)?

A good attorney can make all the difference in your DUI/OVI case.

Your attorney can make a difference in a positive outcome if they are a DUI defense attorney. Many people, including attorneys, don’t know that the Intox is one of the most important breath-testing instruments. The 8000 is a breath-testing device that is being defeated throughout the state.

It has been defeated in at least six municipal courts. Many people and attorneys believe that if you fail a breath test, there is no chance of your case being successful. If this were true, we wouldn’t be in the business of law and we wouldn’t have the strong reputation we have.

What Is “Discovery” in a DUI Court Case Case?

Attorneys can often rattle off technical terms that ordinary people don’t understand. You should be familiar with the discovery term in your DUI case.

The process of discovery under Criminal Rule 16 is where we force the government to provide all evidence that will help or hurt your case. Your attorney is not permitted to conceal evidence from the prosecution.

We get the police report, crash report in case of an accident, and blood/breath/urine results. We also obtain the field sobriety test results if you have done them. We also get information if witnesses were present or a 911 call was made.

After we have gathered all the evidence we believe we are entitled to, we review and analyze it. It does not necessarily mean that you were drunk if a police officer tells you so.

We can assure you that the factual information does not always match the police report. We go to the source of any blood, urine, or breath test. We analyze the breath test machine with our experts. We actually visit the lab.

Once the discovery process is complete, we file, if necessary, a motion for suppression of evidence. We ask that the court dismiss any evidence not collected properly and that your entire case be dismissed.

What Does Physical Control Mean?

Many of our clients want their DUI cases to be dismissed or reduced. One way to reduce DUI cases is physical control. This means that a person was in control of the car and could drive it while sitting in the driver’s chair after drinking alcohol.

Because it is not a moving offense and does not have points, physical control can often be seen as a reduction in DUI charges. You are not required to spend any jail time. A maximum penalty of $1,000 is applied to a DUI conviction, while a license suspension of one year is allowed.

Are Penalties Increased By a Previous Physical Control Conviction?

It will not. A prior conviction for physical control in the last six years will not increase the penalties for your current DUI.

For a first DUI, there are:

  • Minimum 3 days in jail, or a driver assistance program
  • Possible to spend up to 6 months in prison
  • Penalty up to $1,075
  • License suspension for 6 months
  • Possibility to suspend your account for up to three years
  • Assessment and treatment of substance abuse may be required
  • There is the possibility to have restricted plates or an interlock device

While a conviction for physical control may not increase your penalties for your current DUI offense, it can still lead to severe consequences that could have a significant impact on your life. These charges can be fought by a DUI attorney.

Judge giving sentence for repeat DUI offenses in Toledo

Did the Police Read You Your Rights at Your DUI Arrest?

It is surprising to us how often defenses based on the failure of the police officer to properly give Miranda warnings to our client actually come up. What is a Miranda Warning? Most people are aware that Miranda warnings must be given to you to inform you that you have the right not to speak and to have an attorney representing you.

Most people don’t realize the importance of having a Toledo DUI lawyer representing them as soon as they contact the police. Miranda applies from the moment you are taken into custody.

What is custody? Custody is when handcuffs are placed on you or you are unable to leave. It is important that you know the point when you can no longer leave. Otherwise, any statements you make to the police after custody has occurred should not be used against your case. This is a crucial aspect of DUI defense that many lawyers overlook.

We successfully defended a young professional recently who was stopped for making a right turn while on red. The officer took the woman into his car and put her in his cruiser. He began to question her about how much alcohol she had consumed. She initially denied that she had had any alcohol. However, she eventually admitted that she did have a drink.

She was held in custody and she wasn’t given warnings. The judge then tossed all evidence from that point forward. This includes the field sobriety test, admission to drinking, as well as the breath test.

It is important to be aware of your rights and to use them.

What Is a Super-BAC OVI Charge?

There are two legal limits in Ohio. This is something most people don’t know and many lawyers don’t either. The first legal limit can be anything between 0.08 and 0.169. At 0.17, the second legal limit is in effect. The second legal limit is 0.17. A super-BAC OVI offense is any charge that exceeds that second legal limit. These cases are still being labeled by some police departments using old terminology.

You should immediately contact an experienced DUI defense lawyer if you are accused of being over the legal limit. These charges can lead to mandatory jail, party plates, and an interlock ignition device. If you plead not guilty at your DUI arraignment, you will be placed in 6 days of detention. The party plates and interlock devices can then be mounted on your vehicle for up to three years. We can help.

Why Was I Charged With Two DUIs for the Same Ticket?

You can be charged in Ohio with multiple offenses, unlike in other states. Although this can be frustrating and scary, it is something that we can handle. Your case likely involved field sobriety testing and some type of chemical test (such as a blood test, breath test, or urine test).

If the officer deemed you to be impaired, you will likely be charged under O.R.C. 4511.19(a)(1)(a). O.R.C. charges are likely if you exceeded the legal limit. 4511.19(a),(1)(d), or (h), depending on the level of your breath test.

Each city has its own code section, but the idea is that you were arrested for being drunk and then for exceeding the legal limit. These cases can and should be fought.

What Can I Do to Clear Up an Old Warrant & DUI Charges?

There are several options available to you regarding the clearing of your DUI warrant and handling your case. A Toledo DUI/OVI defense attorney can ensure that your case is handled professionally and effectively. Your attorney can file a Motion To Withdraw Capias to the court asking for the lifting of your warrant.

A majority of courts will schedule a hearing, but will not lift the warrant until after that hearing. You can ask the court to grant your request to have your attorney appear at the hearing in your place.

Your absence will be excused if the court grants the Motion to Conduct Hearing In Absentia. Your attorney will be able to talk to the prosecutor about the underlying charges once your warrant has been lifted.

After your warrant has been processed, your first DUI court hearing would be set. The court will decide if your lawyer has worked out the details of your case with the prosecution. If so, your attorney may be allowed to enter a plea for you. This requires a signed affidavit by the defendant.

A police officer giving a driver field sobriety tests in Toledo

I Want to Plead No Contest. Do I Have to Serve 3 Days in Jail?

Before you plead guilty to an OVI offense, it is a good idea to consult an attorney. An attorney can help ensure your rights are protected, and your case is properly handled.

A first-offense OVI conviction will result in a minimum of three days imprisonment (up to six months). An attorney can argue to the judge that you complete a three-day driver intervention program instead of three days in jail.

Your driver’s license could be suspended for up to three years after you have been convicted of OVI. You may be ordered to pay a $375.00 or $1,075 fine by the court.

How Long Will Take to Resolve My DUI/OVI Case?

Many clients need immediate assistance after being arrested for DUI. Some clients’ most pressing concern is their licenses. It is up to the facts when you are eligible for driving privileges.

If this is your first DUI offense you might be eligible for driving privileges within 15 days of your arrest. You may have to wait longer if you have had previous DUI convictions. A skilled DUI attorney will help you determine when you can drive and ensure that you get them.

Other clients feel that their employer is a pressure cooker and want to get the matter resolved quickly. However, it is important to keep in mind that you may not want to move quickly. If you have a case, the best outcome is usually achieved through a careful review of the evidence and fierce defense of your rights.

You may lose important facts if you move your case too fast through the system. Making mistakes can negatively impact your defense and have long-lasting consequences. You want the best representation possible, not the fastest. Our team can ensure that your case is handled professionally and promptly while protecting your rights.

A time limit for motions to suppress is another important topic that you may not have thought of, but should. To challenge evidence that the state is planning to use against you, a motion to suppress may be filed. It is not always appropriate, but it may be necessary in your case.

If it is necessary, it must be filed within a certain time limit. We will ensure that all motions necessary and proper are filed in your case promptly. You don’t have to wait for your case to be resolved. Contact an OVI/DUI attorney in Toledo.

What Can I Do to Get Driving Privileges After a DUI/OVI?

The most important question to many of our clients is how long it will take to allow them to drive after being arrested. Even a first-time DUI offender in Ohio will find it difficult to get driving privileges.

A first offense can result in you being unable to drive legally for 30 days. Every court in Toledo, Ohio is unique.

You should choose an attorney with experience in the court where you will be appearing. While the following guidelines are minimum requirements, there are ways to obtain privileges faster.

  • A first-offense failure to pass a breath test results in your driving privileges being suspended for at least 15 days.
  • A refusal to take a test for the first time will result in your driving ban for at least 30 days.
  • A second offense results in your right not to be able to drive for 45 days, but your car being impounded for 90.

It is important to understand that refusing all tests, including field sobriety tests, is better for your case overall. If you refuse to take the test and are convicted, your license will be suspended from 6 months to 3 years for a first offense. However, if the police do not receive the evidence of your guilt it could result in no suspension.

You can fight a driver’s license suspension at a BMV hearing.

Alcoholic Drink and Hand Holding Car Keys, Toledo DUI Lawyer Concept Image

What Does a DUI Do to My Out-of-State License?

The police officer likely took your driver’s license when you were arrested on DUI or OVI charges. We have only seen rare instances where police officers were confused about what to do with an out-of-state license holder.

You were likely given a carbon copy of the form by the police officer. He probably read part of it to you, and then forced you to sign the 2255 form. Your license would have been suspended for 90 days, or even a whole year, depending on whether you refused to take a test or failed it.

The officer didn’t tell you that your license was not suspended for use outside of Ohio. Most states don’t immediately recognize Ohio’s ability to suspend your license for use outside of Ohio. However, an Ohio conviction could result in severe penalties for your home state.

If you are convicted in Ohio of DUI and have an Illinois license, you will be required to go through a long program of treatment in your home state.

What Happens at Your First Hearing on a DUI?

The arrest is the first step in a DUI case. You should have retained an experienced DUI attorney to represent you at this crucial step. You need to file court documents as soon as possible. These include filings for your license to be reinstated, to establish your driving privileges, to remove your car from impound, and to force the police to preserve evidence.

Your arraignment is the first DUI hearing. You will be required to plead guilty, not guilty, or no contest. You should hire an attorney to help you decide what plea to make. However, in most cases, you will want to enter a not-guilty plea. Talk to an attorney to learn what to do.

Some courts may require you to post bond and have your fingerprints taken. We can often help you avoid the first hearing. This means that you won’t have to miss work or take time off.

Why Did the Police Officer Take Your License After You Were Arrested for DUI?

Ohio law requires that a police officer take your driver’s license. This applies even if you were arrested for the first time. There are two types of license suspensions in a DUI/OVI case.

The first is an administrative suspension, also known as the ALS suspension. The second is a court-imposed suspension. An attorney with significant experience in defending DUIs or navigating these types of suspensions is a must.

Your license will be administratively suspended for 90 days if your blood alcohol content is higher than 0.08. If your refusal was not granted, your license will be suspended for one year. There is usually a limit on the time we can get privileges for you. We can usually not get privileges for a failed breath test until 15 days after you are arrested, whereas privileges that we refuse to take will be granted within 30 days.

You should consult a lawyer immediately to learn if you are eligible to drive. You can get privileges quicker by going to court. In some courts we practice in, we can do this at your arraignment. However, it is difficult and rare.

Is It Possible to Drive to Work After a DUI?

How can we help you get back and forth between work and home so you can care for your family and take care of your children? We have two ways of helping you get back on the roads. One is to appeal the suspension, which if it is successful immediately restores your driving privileges and your license. The second is a petition for driving privileges that allows you to drive only for specific events.

Image of a Car Impounded for DUI in Toledo, Ohio

How Can I Get My Car Out of Impound?

You have two options to get your vehicle out from impound following an OVI. You can get your vehicle back if it was towed by police and not seized. Your vehicle can be released to a licensed driver.

Your attorney can file a Motion for the Release of Vehicle with the court if your vehicle was taken and placed under lock and key. After the motion has been ruled upon, the court will issue a release order. You can have your vehicle released to a licensed driver with the court order.

Can I Lose My Job for DUI?

Our clients are concerned about losing their jobs. This is a major concern for us. This is a common concern, particularly in an economy with few good jobs. First, most people won’t lose their jobs due to an arrest. However, a DUI arrest or refusal can cause complications that will require an attorney to do expert and delicate work.

Your job may be affected if you lose your driving privileges immediately. We can help. The possibility of losing your job due to a DUI conviction is determined by the employer. There are many types of jobs where a DUI conviction could cause problems, including teachers, doctors, and nurses, truck drivers with CDLs, police officers, military personnel, and others.

We do everything possible to protect our clients from the consequences of a DUI arrest.

What Effect Will an OVI Have on My Medical License?

Many clients we take on are doctors and dentists. We also accept nurses and other medical professionals. Although each professional group has its own licensing board, they all face the same problem in terms of an OVI arrest or potential conviction. OVI convictions could result in the loss of your license as a doctor, dentist, or nurse.

Although it is very rare for an OVI conviction not to affect your ability to practice medicine, it could have a significant impact on you. It is important to retain the services of an OVI defense lawyer as soon as possible.

What Happens if You Refuse to Take a Breath Test?

Ohio’s implied consent law states that if you refuse to take a chemical or breath test, your license will be suspended for one year. The mandatory minimum jail requirements for Ohio are also doubled, even for the first offense. You will also need the “party” restricted plates as well as the interlock device. This is the bad news.

It is possible to refuse to take a breathalyzer test and make it more difficult for the prosecutor in most cases to convict you. You will also be subject to the severe penalties that come with a DUI. Your refusal can be used by a skilled DUI defense lawyer to defend you.

Can a Breathalyzer Test Be Beaten?

After failing a breath test, people quickly realize that they shouldn’t have. Many people take a breath test for the following reasons:

  • They are willing to obey the police officer, but they don’t know any DUI laws.
  • They believe that because they were told by police they passed the field sobriety test, they should also be able pass the breath test.
  • They are warned that if they refuse to take the test, they will lose their driving privileges for one year.

It is obvious that failing a breath test can make your life more difficult. But how can you overcome it? Can you beat a breath test? One word: Yes. There are three types of breath test devices in Ohio: Intoxilyzer 5000 and Intoxilyzer Datamaster.

The first device is usually considered the most reliable. The 8000 is the least reliable. You are more likely to defeat a machine if it is less reliable than the first. There are many attacks we can make against all machines. However, there are also several attacks we can make against the machine that you took your test.

We also fight the prosecutor to determine if you should have taken the breath test at all. We then attack the procedure, the method of the test, and the application of scientific principles.

A police officer giving a driver a breathalyzer test

Do You Need to Hire an Attorney after a Failed or Refused Test?

Even if you fail a field sobriety test or breath test, there are many reasons to hire a lawyer. Most of our clients fall under one of these two categories. The first group believes there is nothing they can accomplish and should plead no contest. This is because most people don’t know that a first-offense offense could result in a minimum of six days in jail and that they may be required to use “party plates.”

This second group is a little more hopeless, but they must fight for their jobs, their families, and their reputations. Our attorneys watch as people plead guilty or not guilty to charges they may have been able to beat every day.

This might sound like bluster or an attempt to convince you to hire us. Consider this example to show how an experienced DUI lawyer can make all the difference.

Example 1: Cops allege that the client was drunk and driving on the side road with a high blood alcohol (over 0.20).

The first case is 2011 TRC 125202 from Portage County. A highway patrol officer found our client in September 2011 with his car pulled over on the side of the road. The trooper approached our client and said that she would conduct field sobriety and breath tests on him.

Our client was arrested for OVI/DUI as a result of the trooper’s investigation. Our client was facing a minimum of six days in prison, party plates, and an interlock device. Counseling was also possible. His employer would fire him if he was convicted. However, he was open to the possibility of his employer observing how the case unfolded.

Now, fast forward to 2012.

We were hired by him, and he also hired lawyers who will fight. We don’t take money to plead guilty to the charges. A suppression hearing is a hearing where the court asks us to remove certain pieces of evidence. We asked the court for the complete case to be thrown out: the arrest, field sobriety, and breath tests.

The prosecutor objected and called our request “ridiculous” while stating that “all deals were off-the-table.” As former prosecutors, we know that a case sounds great until an experienced attorney begins cross-examination. This is what happened.

The Court reached an agreement with us in February 2012. The Court ruled in our favor and dismissed the whole case. Our client was discharged without any DUI convictions. It was ridicule by the prosecutor. The prosecutor who claimed it was absurd didn’t even request to appeal to the Court of Appeals. It is crucial to find a DUI attorney that will fight for your rights and not just sell you to an aggressive prosecutor.

What Is the Penalty for a First Offense DUI?

Mandatory penalties are imposed for a first-offense DUI. These are the penalties for a DUI offense:

  • Minimum mandatory jail sentence
  • Suspend your license for 6 months or more
  • 6 points on you license
  • Party Plates
  • Interlock devices
  • Monetary fines
  • Court costs

Our clients are often surprised at the penalties for DUI/OVI. Many people believe they can just go in and plead not guilty without worrying. People often feel this way, and end up with terrible consequences. For example, a DUI first offense with a refusal carries a 6-day mandatory jail sentence.

A Drunk Driver Who Needs a Toledo DUI Defense Lawyer

Do You Need an Attorney to Help You Defend Your OVI Accusation?

Many people worry that hiring an attorney is a bad idea. Others may feel that hiring a cheaper attorney would be better. You get what you pay when you defend yourself against drunk driving accusations.

Let’s share with you the lesson we learned from a client. A young professional was recently called by us after he was fired from a job.

He was serving clients food and drink while he landed a large contract. He was arrested and charged with DUI after he had left the restaurant. He was aware that his employer wanted him to get the client. However, he also knew that his employer had a zero-tolerance policy for DUI offenses. Additionally, he drove a lot for work.

What happened next? He called several lawyers and chose the lowest-cost option. This was someone who had previously been a police officer, but later became an attorney. The client figured that the attorney was an officer who is now an attorney, so the low-cost option seemed good.

After several months of nothing positive in his case, he decided that he would not continue to come to our office. We met with him and reviewed his case. We were shocked to discover that nothing had been done in his case.

There were no motions for discovery or dash cam videos in file-nothing. The prosecutor offered six days imprisonment, which is the minimum punishment for the offense. This result was possible without the assistance of an attorney. We were able to take the case over.

We got the discovery, the videos and the video from the room where he had allegedly refused to take the test. We saw that he refused to take the test. In 10 minutes, he went from 6 days in prison to a 3-day driving course.

We didn’t stop there. We talked to the judge and prosecutor about the events with the former attorney. After reviewing the evidence, the prosecutor offered a reckless operation charge, a significant reduction.

Low-cost defense isn’t worth it. DUI defense starting at $750.00 is a waste. Ask around to see what other people are charging; don’t be afraid of shopping. You pay for the life you live.

What Makes a Toledo DUI Attorney the Best?

This is a valid question. This is a legitimate question. We recommend that you focus your search on these areas.

What Percentage of the DUI Attorneys’ Practice Is Devoted to DUI Defense?

Numerous Toledo-area attorneys advertise and practice DUI defense. A much smaller number of these lawyers actually practice DUI defense in a significant portion of their practice. As we have already stated, we should be asked these questions.

Over half of our practice is dedicated to DUI defense. This means I have invested a lot of energy, time, and resources to ensure that everyone, from lawyers to paralegals, understands the concepts of DUI defense we use in court.

What Percentage of DUI Cases Has the Attorney Tried or Been Successful in Suppressing?

Many potential clients think that if they are charged with DUI they will be convicted. MADD and SADD are essentially convincing the public that these cases can be closed and they want to just let it go.

These cases are so crucial that we take the time to explain how our clients can be protected. A large percentage of our cases, even those with BACs over 0.08, can be reduced to physical control, reckless operations, or other positive outcomes.

What Is the DUI Attorney’s Background?

Our former prosecutors have seen the tactics used by the police. The police will often tell clients that refusing to take the breath test could result in their license being revoked for one year. However, if they do, their license can be restored within three months if they pass the test.

Although it is illegal, this is not only deceitful but also legal. This is why: Your license will be suspended for six months to three years if you are convicted of your first DUI. This is not what the police will tell you. Nearly all our clients who took the breathalyzer test were shocked to learn that they could lose their license for three years.

What Happens if I Disagree With a Judge’s Decision on a DUI Case?

People can make mistakes in the legal system. What happens if you disagree? You can appeal the DUI case. The Court of Appeals in our system is set up to hear cases that focus on whether or not the trial judge made a correct decision.

Most appeals in DUI cases center around whether the suppression hearing judge made the correct decision. If the process is done correctly, DUI appeals may be successful. The Court of Appeals then orders the judge or trial court to give the correct decision in your case. Typically, this means the evidence is thrown out.

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