Experienced DUI Lawyer in Columbus, Ohio:

Why You Need an Experienced DUI Lawyer in Columbus, Ohio

If you’ve been arrested for driving under the influence (DUI) in Columbus, Ohio, it’s critical to have an experienced DUI lawyer on your side. The consequences of a DUI conviction can be severe, ranging from fines and license suspension to jail time. An experienced DUI attorney can assess your case, identify possible defenses, and ensure your rights are protected throughout the legal process. Don’t risk your future—seek professional legal counsel to navigate the complexities of Ohio’s DUI laws.

Understanding DUI Laws in Columbus, Ohio

DUI laws in Columbus, Ohio, are stringent, and a conviction can have long-lasting effects on your life. Under Ohio law, drivers with a blood alcohol concentration (BAC) of 0.08% or higher can be charged with DUI. However, DUI laws also apply to drivers who are impaired due to drugs or alcohol. The penalties for a DUI can vary depending on factors such as your BAC, prior offenses, and whether there was an accident involved. Consulting with a knowledgeable DUI lawyer will give you a clear understanding of your charges and the potential outcomes.

How a DUI Lawyer Can Help Reduce Penalties

A skilled DUI lawyer can be instrumental in reducing the penalties associated with a DUI conviction. From challenging the evidence to negotiating plea deals, a DUI attorney will work tirelessly to minimize the impact of the charges against you. Depending on the circumstances of your case, your lawyer may be able to have your charges reduced, secure alternative sentencing options like alcohol treatment programs, or advocate for a lesser sentence. Their goal is to protect your rights and ensure that you receive the fairest possible outcome.

The DUI Defense Process: What to Expect

If you’ve been charged with a DUI, understanding the defense process is vital. Your DUI lawyer will first review the circumstances surrounding your arrest, including how the traffic stop was conducted and the accuracy of any field sobriety tests or breathalyzer results. From there, they may challenge the legality of the stop or question the evidence presented. Your lawyer will also negotiate with the prosecution and advise you on whether to accept a plea deal or proceed to trial. Having a knowledgeable DUI lawyer by your side can significantly improve your chances of a favorable result.

What to Do if You’re Arrested for DUI in Columbus, Ohio

Being arrested for DUI can be overwhelming, but taking the right steps afterward is crucial. First, make sure to remain calm and avoid making any statements to the police that could be used against you. Next, contact a reputable DUI lawyer as soon as possible to discuss your case. A skilled attorney can help you navigate the legal process, advise you on how to handle your case, and represent you in court. Additionally, it’s important to remember that you have a limited time to request a hearing to protect your driver’s license, so acting quickly is essential.

Top Reasons to Choose Our DUI Lawyers in Columbus, Ohio

When it comes to defending yourself against DUI charges, you want a lawyer who understands Ohio’s DUI laws and is committed to getting you the best possible outcome. Our team of experienced DUI lawyers in Columbus, Ohio, has a proven track record of successfully defending clients against DUI charges. We offer personalized legal counsel, aggressive defense strategies, and a focus on minimizing the consequences of a DUI conviction. Whether this is your first offense or you’ve been charged before, we’re here to help you every step of the w

Dui Defenses And Defending The Breathtest In Ohio

DUI Defenses Three hour limitation to collect the sample: O.R.C. 4511.19(D) sets out a three-hour limitation on the collection of your blood, breath or urine. This three-hour period begins at the time of the violation, not at the time of arrest. If the test is not conducted within the three-hour period it may be inadmissible to support a prosecution under O.R.C. 4511.19(A)(1)(b)-(i).

Records for Three Years Were Not Maintained: For the test result to be admissible at trial, the machine must have been properly maintained and calibrated. Under the Ohio Administrative Code the police agency possessing the machine is required to maintain the records for three years.

20 Minute Observation Period Did Not Apply. The person suspected of driving under the influence must be observed for 20 minutes prior to taking the test. This observation period is to make sure that there is not any “oral intake” by the suspect. Some very effective defenses related to the observation period may be present merely by looking at the breath sample ticket. Although, an officer statement that he did observe is usually sufficient, hiring the right defense attorney to cross examine the officer to elicit facts which may demonstrate to the contrary is essential. Usually the breath test video is the most important part when defending on this basis. If your attorney prove during this time that the suspect either burped, belched, or had a slight regurgitation this will help the defense.

Was the Machine Calibrated in the last 7 days: The breath machine used must be calibrated no less frequently than once every seven days. If the state fails to demonstrate that the equipment was properly tested then there are clear grounds to have the test suppressed. Another example of the calibration requirement relates to the ethyl alcohol solution used to verify the machine is within +/- .005.

Age of the Solution: The solution used to calibrate the machine must not be older than three months from its first date of use and must be kept under refrigeration when not being used. In the investigation of the client’s case, the attorney should ask for the batch and bottle certificate to verify compliance with the Administrative Code and elicit answers on cross examination that demonstrate the solution was not properly refrigerated.

Suspects Medical Condition Affected The Test: Certain medical conditions/health issues make the breath test inherently unreliable. They include:

• gastric reflux, hiatal hernia or intestinal problem (e.g. Gastro Esophageal Reflux Disease, Irritated Bowel Syndrome, or Acid Reflux Syndrome) diagnosed and treated before date of arrest;

• dental condition (e.g. gum disease/gingivitis/pockets around roots, dentures or bridgework which may trap mouth alcohol and contaminate a breath machine sample);

• or respiratory problem (e.g. asthma, bronchitis, emphysema or chronic obstructive pulmonary disease).

Man v. Machine: Despite the breath test, your behavior does not match the test results.

Radio Frequency Interference: Radio Frequency Interference from a cell phone, officer’s radio, copy machine or other equipment with surge capabilities. In situations like this, sometimes the Officer may forget to take the cell phone off the suspect which in turn will affect the reliability of the breath test. These situations may cause the machine to give artificially high reading.

Other Factors Which Can Affect The Results. Smoking near the machine, shared power supply with heater or other appliance – the machines must be on a dedicated “clean” electrical circuit. Recently painted walls or trim can also interfere with the test.

• You have had recent environmental exposure to volatile fumes (lacquer, gasoline, paint, dry cleaning fluids or even 409) which have cumulative tendencies, causing chemical interference/falsely elevated result.

• Air bag defenses – “the Tyndall effect” – diffusion of light; propellant exposure; cut lips; lung and airway irritation and fluid build-up from caustic gas propellant.

• Unintentional alcohol (e.g. from Nyquil, Vicks Formula 44, lip balms, toothache drops).

• Something in mouth containing alcohol (e.g. Breath Drops with SD alcohol).

• Something in mouth, that contains interfering or contaminating substance (e.g. Skoal snuff – wintergreen, Altoids).

• Officer fails to inform you of your right to have a second independent test.

• Officer not trained or marginally trained in accordance with the standards of the Ohio Administrative Code.

• Officer fails to follow manual or training protocol.

• Failure to properly calibrate or maintain the machine.

• Police report supports sobriety, or lack of investigation of alternative causes.

• Rising blood alcohol level showing time of driving BAC would have been lower than time of testing.

• Elevated breath temperature (e.g. caused by fever, hot tub, sauna, detention in hot sun or back of patrol car in summer, dancing, menstrual cycle, etc.)

• Breath/blood ratio (2100:1) not proven to be your ratio; show how minor error gets multiplied 2100 times; 0.12 = 17/10,000,000th of an ounce. Show you have abnormally low blood/breath conversion ratio through testing and expert.

• Inherent sampling variability or margin of error (e.g., 0.081 reading – state acknowledges +/- 0.03% precision problem).

• You have blowing pattern irregularity.

• You have blown to long.

• You have been on strict high protein diet and then introduce carbohydrates, thereby triggering auto-generated alcohol production when ketones are converted to isopropyl alcohol (or the “auto-brewery” syndrome).

• You have diabetes, are borderline diabetic or are hypoglycemic and consume alcohol in any amount, causing conversion of high acetone levels into isopropyl alcohol.

• Officer gives ALS warnings, but then goes too far by threatening dire consequences for which there is no factual basis or misstates consequences regarding possible license suspension.

• Officer gets fired, indicted, retires, goes on military leave, or moves away.

Related Articles

• DUI Checkpoints
• Breath & Blood Tests
• DUI Penalties & Punishment
• License Suspensions
• Under 21 Drivers
• Prescription & Illegal Drugs DUI
• Field Sobriety Tests
• BMV Hearing
• Refusing Breath Tests
• Commercial Drivers
• DUI Expungement

Call Rutan Law now at 614-307-4343 to protect yourself or family from any DUI/OMVI charge in Ohio.