A motion to suppress evidence will first have to be filed by your Cincinnati DUI or OVI Lawyer. If you case does not resolve itself then the case will likely be set for a hearing on the motion.
The hearing is typically 60+ days after being charged with a DUI or OVI in the Cincinnati area. If the hearing goes that day, then you will not be required to testify.
You will have discussed the risk and benefit of testifying before hand with your DUI lawyer. All witnesses who will testify are then sworn in.
You lawyer will have a chance to ask the police officers involved in the case questions about the stop, detention, field tests, arrest, and any chemical tests. The hope is that they will not be able to establish their burden and that some or all of the evidence in your case will be excluded from admission at trial.
Any plea offers on the table before the motion will likely be off the table if you lose the motion. If you are successful at the DUI or OVI motion then the state will likely make you an offer to enter a plea to a non-OVI offense.
The best result is that all the evidence is suppressed. This means that the prosecutor will likely dismiss the case.
Your lawyer will then discuss with you the merits of the plea and risks of a trial. A lawyer that limits his practice to DUI and OVI defense will be able to best explain what you should do.
And remember, if you or a family member has been arrested for DUI in the Cincinnati Area – including: Hamilton, Butler, Warren, Clermont, Montgomery, and Greene Counties – call me, ROBERT HEALEY, or one of the other DUI / OVI attorneys at 513.333.0014. We are available 24-hours a day, 7 days a week. Because now is the best time to put a team that includes a FORMER POLICE OFFICER and a FORMER PROSECUTOR to work… for you!