DUI Lawyer – Columbus, OH
When You Need a DUI Attorney
In Ohio, DUI stands for Driving Under the Influence of Intoxicants. OMVI stands for Operating a Motor Vehicle While Intoxicated. The charges, often referred to as DUI or OMVI, requires the operation of a motor vehicle while your ability to drive is impaired or while your blood or breath alcohol concentration exceeds the statutory limit. In Ohio, that statutory limit is 0.08 percent. Although DUI is often described as "drunk driving,” this term is somewhat misleading in that you do not have to be drunk to be considered legally impaired.
Often, authorities consider the following factors as signs of drunk driving or significant impairment that could lead to arrest or be used as evidence:
- Driving Symptoms - Speeding, weaving, failure to drive in one lane, driving with no headlights or other moving violations
- Personal Symptoms - Slurred speech, bloodshot or watery eyes or the odor of alcohol on your breath
- Field Sobriety Tests - There are six common tests including: walk-a-line, stand on one foot, counting while touching your fingers or looking at the eye with a pen light
- Incriminating Statements - "I only drank 8 beers," or "Yes, I was driving," or "Of course I'm drunk" can be used as evidence at trial
- Blood-Alcohol Evidence- Breath tests or a blood test may also be admissible in court as evidence
DUI is a difficult crime to understand and it is often difficult to determine whether or not your actions actually were a violation of criminal law. As a result, many people who are cited or arrested for "drunk driving" might not be guilty of the DUI crime defined by statute, or there certainly could be "reasonable doubt" as to the facts.
If you have been accused of drunk driving, Robert Erney is an experienced DUI lawyer and can help you understand your rights and protect you from a possible wrongful conviction. It is possible that the machine used to test your blood or breath was not working accurately. Because this is an important issue, there are numerous laws and administrative regulations that require periodic testing of blood or breath testing devices. The records must be maintained and are available for an experienced DUI lawyer to review.
Because people often do not know what to do after the police stop them, they often make unnecessary incriminating statements that are harmful to their case. The police then might attempt to convince you that you are guilty even when you might not have violated one of the statutes.
Procedurally, you should be aware of certain legal rights you have:
- There must be legally sufficient facts to constitute "probable cause" to stop, detain and arrest you.
- You should be advised that submission to field sobriety testing, physical (coordination and eye tests) and portable field breath testing is not required by law
- Once arrested, you must be advised of your constitutional rights - the "Miranda" warning - before any further questioning takes place
Robert D. Erney has 29 years of experience as a DUI lawyer. If you have been charged with drunk driving, OMVI or DUI, please contact Robert D. Erney and Associates immediately for a discussion about your future options.