Jay Milano Attorney and Counselor at Law
Monthly Archives: July 2012
July 30, 2012Posted by on
[teaser]“No person shall operate any vehicle… under the influence of alcohol, a drug of abuse, or a combination of them.”[/teaser]
Whether you call it OVI, DUI or just drunk driving, those words from the Ohio Revised Code put fear into the hearts of thousands of drivers throughout the State of Ohio who are accused of drunk driving every year. With mandatory jail sentences and fines that can be attached to drivers who previously had spotless records, drunk driving arrests have become a major issue throughout the state. It’s not just for driver’s who are completely intoxicated either. Just a few drinks can push you past the 0.08 blood alcohol limit in Ohio and before you know it an evening with friends can end up as a weekend in jail.
Throughout Cleveland and the surrounding communities police use a variety of methods to track down drunk drivers and then use several tests on the driver to determine if they are impaired. The primary method that officers use when they first pull someone over is the traditional slate of field sobriety tests. These tests measure a person’s coordination, balance and dexterity in an attempt to determine if the person is impaired.
Officers also use breathalyzer’s in the field and after arrests are made to determine how much someone has been drinking. Drivers in Ohio can refuse these tests, however, a refusal will automatically result in a license suspension by the Ohio Bureau of Motor Vehicles.
The results from the field sobriety tests and the breathalyzer can all be challenged, however, and that’s why it is so important for defendants in OVI cases to seek out an attorney. Specifically, the results from breathalyzers need to be reviewed to determine if they are accurate and if proper guidelines were followed when the test was administered. The breathalyzers commonly used in Ohio have come under a massive wave of scrutiny over the last year and it is important to know how to use that scrutiny in each case.
With potential penalties that can include multiple months in jail and thousands of dollars in fines, defendants have to seek out every possible way to challenge the allegations against them. If you or anyone you know has been charged with a driving under the influence call us and let’s figure out what we can do to help.