Going to court? Don't go unarmed and undefended. Every traffic and every criminal charge can affect your life, career, and freedom. Only a qualified and experienced attorney can fully protect our rights and freedoms. A DUI/OVI conviction carries several serious potential penalties including mandatory jail time, mandatory minimum license suspension, mandatory minimum fines, special license plates and mandatory treatment.
What to Expect When You Contact A.C. VanDenBoscche About Your DUI/OVI Case
- A free consultation. Call me today and we will setup a time to discuss your situation and possible outcomes.
- A simple fee agreement. There will be no surprise charges or fees that are not explained to you.
- Discussing a plan to get your life back on track. We will work with you to restore your driving privileges as quickly as possible so you can resume your normal life while charges are pending.
- Protecting your right professional license (pilot, CDL, heavy equipment operator), your security clearance or your ability to travel overseas.
What Do I Do If I Have Been Pulled Over and Accused of an OVI/DUI?
- Contact an attorney immediately. In Ohio, if you are stopped by a police officer, you have the right to speak with an attorney before answering any questions. Asking for an attorney immediately preserves your rights should you be charged.
- Do not admit guilt in an attempt to talk your way out of the situation. “I’m almost home”, “Give me a break” or “I’ve only had a couple” will be seen as an admission of guilt and you will be arrested.
What are some potential defenses for on OVI/DUI?
When I speak with a new OVI/DUI client, one of the first things I ask is what happened. I want to know the facts underlying the any search performed, the stop, what, if any tests taken, what was said between our client and the police. Once I have this information, I begin to analyze and discuss your potential defenses to the OVI charge.
A few examples of OVI/DUI defenses include:
- The Stop and/or Search. I will look to see if the initial stop by the police violated our client’s constitutional right to be free of unlawful search or seizure. Did the police have reasonable suspicion that you had committed an offense? Did they stop you because of an anonymous tip or some another unconstitutional reason to stop you?
- The Police are not allowed to stop you because of a suspicion; they must be able to articulate facts supporting their reason for pulling you over. If they cannot support the reason for the stop of search, anything obtained during that stop may not be admissible (including any possible field sobriety tests performed).
- The Breathalyzer Test. Was breathalyzer calibrated correctly? Was the test administered properly? If the breathalyzer wasn’t properly calibrated prior to your test, the results may be invalid.
- Other Tests: Urine or Blood. Were the blood or urine tests collected properly? Were they contaminated? Could any food or medication have influenced the result?
- The Field Sobriety Tests. Was the arresting officer properly trained in field sobriety testing? Were all tests administered and demonstrated properly? Did the officer correctly administer the eye test? If the police officer incorrectly demonstrated or failed to properly explain the tests, the results may be thrown out.
Should I just please no contest?
Pleading “no contest” is often misunderstood. In nearly all OVI/DUI cases, pleading no contest will lead to the judge to find you guilty almost immediately. A “no contest” plea means you are admitting to all of the facts alleged in the complaint. By pleading “no contest” you also give up your right to a trial and your right to put on witnesses in your defense.
If you plead “no contest”, you are agreeing to anything that the arresting officer alleges (glassy eyes, odor of alcohol, slurred speech).