Canton DUI Lawyers
- Capela & Variola:
A DUI arrest can be a frightening experience, and with good reason. Conviction for a drunk driving offense can mean loss of driving privileges, large fines and a criminal record that can be problematic at any time in the future.
A DUI or traffic violation arrest is not the end of the world.
If you have been charged with driving under the influence of alcohol in Ohio, you owe it to yourself to find a strong advocate -- a lawyer who has experience helping others obtain the best attainable outcome in DUI cases.
- Seth Arkow:
If I am stopped for a DUI, what if any test should I take?
È Field Performance Tests
There are a number of field performance tests that various police agencies administer. These include, among others: horizontal gaze; walking a straight line and turning; one leg raise, alphabet; etc. The police are looking for evidence to use against you. The Police have made observations about your condition by your driving, your breath, your eyes, the smell of alcohol and other observations they make. The field tests support their conclusion.
You do not have to take these tests. There is no consequence for your failure to do so, other than you may be considered uncooperative and arrested. You have the option of telling the officer you would like to do the tests, but your attorney advised you not to. Or, tell the officer you want to contact your attorney before performing any tests.
You must realize that, depending on the amount you have had to drink or based on the amount of medication or drugs in your system,Ê likelihood of your passing these tests are slim. Remember, you are likely nervous, tired and possibly under the influence. You have not done these tests before and are being judged by someone who has done and observed these over a thousand times. You are not likely satisfying the officerÕs requirements.
È Breath, blood, or urine tests
There may be times where you will have no choice as to whether or not to submit to these tests. If you are unconscious, if you are transported for medical treatment, if the police obtain a search warrant and if you refuse to cooperate, depending on the jurisdiction you are in, you could be facing a felony. However, if you have the option to take or not take the test, there are a number of factors to consider.
First of all, always try to reach your attorney for advice. Make sure your attorney is familiar with these laws and the consequences to you for failure to take the test. Yes, you may lose your right to drive for a refusal, but often you can receive occupational privileges after a short suspension.
If you are unable to reach your attorney, you need to consider how much you had to drink before taking or not taking the test. If you believe you will be over the legal limit, likely you should not take the test. In Ohio, if you reach a certain limit, the penalties are enhanced, for example mandatory 6 days in jail versus 3 days in jail. You need to consider all of these factors before taking the test. If your test result is above the legal limit, it is likely the attorneyÕs options are limited. Unless the police did not follow the procedures properly, the test results will come in against you in court. That may be all that is needed to convict you of driving under the influence.
- Elizabeth Burick:
A charge of drunk driving, or DUI, is one of the most serious traffic
violations, and a DUI conviction can result in large fines, lengthy probation,
revocation of your driver's license, court-ordered alcohol treatment, and even
jail time.
In addition to your criminal DUI case, you will have a civil case which
determines if your driver's license will revoked or cancelled, and for how
long.
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