If you refuse the test after a Cincinnati DUI or OVI arrest, can it be used against you?

Yes.  The jury will be instructed that they may, but do not have to, consider the fact that you refused the breath test as evidence of guilt.

It is still better to refuse the test because if you test over all the state has to prove at trial is that you drove, took the test, and tested over the limit.

Our Cincinnati OVI defense lawyers can help defend your OVI or DUI refusal in the best ways possible.  Our first opportunity to d this is talking to the jury during selection.

We are able to talk to the jury on your behalf and help them understand that people refuse the test all the time.  We will also be able to establish that the testing officer is likely to testify that people refuse the test for all kinds of reasons.

And remember, if you or a family member has been arrested for DUI in the cities of Lebanon, West Chester, Mason, and Cincinnati– including: Hamilton, Butler, Warren, and Clermont 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 an AWARD WINNING LAW FIRM, AWARD WINNING DUI LAWYER, a FORMER POLICE OFFICER, and a FORMER PROSECUTOR to work… for you!

Charged with DUI or OVI in Cincinnati, Ohio?  Did you take a test on the new Intoxilyzer 8000?  We can help.

The Intoxilyzer 8000 has been in service in Ohio since 2009.  It has come under some heavy fire from defense lawyers across Ohio.

OVI and DUI lawyers in Cincinnati, Ohio are winning cases against the Intoxilyzer 8000 for the following reasons:

•              It can take as many as 20 tries to get a valid result.

•              The Intoxilyzer 8000 is not in compliance with the Ohio Dept. of Health (ODH) Regulations.

•              The state is unable to prove the Intoxilyzer 8000 is a reliable machine.

•              The state is unable to obtain the testimony of necessary witnesses from ODH, like the person that calibrated the machine or placed it into service.

•              The state’s expert from ODH was not tested as required by Ohio Administrative Regulations before being issued a valid operator access card to use the Intoxilyzer 8000, but was in fact “given” a card by the director of ODH.

•              The ODH does not have the source code and does not know the patent number of the Intoxilyzer 8000.  The source code from the manufacturer would allow third parties to test the reliability of the software program that calculates the blood alcohol content from a breath sample.

•              The ODH  does not know who decided to purchase the Intoxilyzer 8000 and does not know who was on the governor’s committee that reviewed the Intoxilyzer 8000, or what that committee’s recommendation was to the Director of ODH as to the Intoxilyzer 8000.

•              The ODH has told courts that the records are maintained on the website, but some records have gone missing, were never available, and in fact the disclaimer on the website says that they make no guarantee of the accuracy of the information contained on the website.

•              The ODH has not been able to testify as to why it believes the Intoxilyzer 8000 is a reliable machine for testing breath in OVI cases.

•              One judge went so far as to say in his opinion that he has heard no evidence from ODH to lead him to believe that the machine is accurate and reliable.

•              In many cases the court suppressed the evidence from the Intoxilyzer 8000 machine.

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!

There are many ways to be guilty of the crime of DUI or OVI in Cincinnati, Ohio.  One is to drive a car under the influence (you look drunk) and the second is to have too much alcohol in your system (you drank too much even if you look fine).

If you refuse the breath test, you will not have to worry about defending a Cincinnati DUI or OVI charge.  If you take the test and test over the limit of 0.08 BAC by breath then there are several ways to beat the case.

I have had several judge’s tell me that my client looks innocent, but found them guilty because they had too much alcohol in their system.  This is an important reason to refuse the test.

When there is no test the prosecutor must then rely on the police officer.  Police officers like most other humans make mistakes.  The more mistakes they make the better your chances of preserving your innocence.

This is where the Cincinnati OVI and DUI lawyers at Suhre & Associates can help.  We are all certified to administer field sobriety tests.  This is the same certification the police are supposed to receive.

That means that if they make a mistake we can show the judge the error.  Evidence of these tests can be suppressed several ways: bad instructions, bad demonstrations, bad observations, or the officer is generally not credible because they change their story or can’t remember what happened.

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!

My name is Robert Healey and I am a lawyer that limits his practice to OVI defense in southwest Ohio. This blog is written by me to help potential clients in the Cincinnati area that have been charged with an OVI.

Most of my clients think that they can.  All of them were charged anyway with a DUI.

The best thing to say to the police is that you are not making any admissions.  It is the best thing to say because just about everything thing you say can be used against you.

Most police are very crafty in soliciting admissions from people they think might be driving under the influence of drugs or alcohol.  They also use this to get suspects to take the field tests.

There is no crime against refusing to make incriminating statements against or refusing field tests.  So why do I see almost every client doing these things?

There is a simple explanation.  People think that is they are perceived as cooperative that the police will have pity on them and let them go.

Wrong.  Once you admit to drinking, even one beer, and driving you are in the officer’s sights.  

Everyone thinks that it is ok to tell the officer they had a few beers.  Wrong again.  You just admitted an element of the offense, which is consumption of alcohol.

The officer will then attempt to seal the deal by informing you that he just wants to make sure you are ok to drive by having you do a few tests.  Well what are you going to say, No!, I am drunk arrest me!  Of course you take the tests.

And you think that you did ok.  You didn’t.  The officer will say that he thinks that you had more than just a few and that he has to arrest you for DUI.  

You will be taken to the station and asked for a breath test most likely.  No your defenses go up.

What you should know is that it is not unlawful for the police to lie to you.  Heck, they can even tell you half of the truth to get you to make admissions and do the tests.

Now I see most people at the station confronted with the option of a test over the limit and a 90 day suspension or a refusal and a 1 year suspension say well 90 days is less so what can the test hurt?  Well everything.

The test, if admissible at trial, presumes that you are under the influence if you test over the limit.  Even if you drive fine, walk fine, and talk fine!  I have even had a Judge tell me after a motion to suppress that she would find my client not guilty at trial based on his appearance on the video doing field tests, but because of the test result of 0.169 she would have to find him guilty.

This is the lesson.  There are no admissions that can’t hurt you.  You can’t talk your way out of a DUI.  All you can do is talk yourself into a conviction. The police do not have to tell you the truth, and can outright lie to you.  

Be careful when speaking to the police and deciding to take tests.  More than likely, they will make defending your case more difficult.

Be safe and remember, if you or a family member has been arrested for DUI or OVI in the Cincinnati Area – including: Hamilton, Butler, Warren, Clermont, Montgomery, and Greene Counties – call me, ROBERT HEALEY, or one of my qualified associates at 513.333.0014.  We are available 24-hours a day, 7 days a week.  Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and a FORMER PROSECUTOR to work….for you!

My name is Robert Healey and I am a lawyer that limits his practice to DUI defense in southwest Ohio. This blog is written by me to help potential clients in the Cincinnati area that have been charged with a DUI.

 If you are charged with DUI you might also be suspended even before you will got to court.  This is an administrative license suspension or ALS.

 Before going to court the first time is the best time to hire a lawyer.  Your lawyer can examine your paperwork for errors and make the best objections possible at court in an effort to get that suspension set aside and get you driving again pending the outcome of your case.

 The police officer fills out the BMV 2255, the yellow full size paper you were given with along with the ticket.  It says Bureau of Motor Vehicles, Report of Law Enforcement Officer, and Administrative License Suspension at the top.

 This is an affidavit that the police use to swear that they had reasonable ground to arrest you for DUI, that they read you the advice on the back, and that you were asked to take a chemical test by blood, breath, or urine and the results were a test over the legal limit or a refusal of the test.

 You cannot demand one test over the other.  The police can ask for more than one type of test.  You do have the right to have your own independent test done at your own expense upon release.

 A suspension on a first offense test over is 90 days.  You can ask for privileges to drive after 15 days. 

 A suspension on a first offense for a test refusal on a DUI is 1 year.  You can request privileges after 30 days for work, school, vocational, and medical needs.

 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 my qualified associates at 513.333.0014.  We are available 24-hours a day, 7 days a week.  Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and a FORMER PROSECUTOR to work….for you!

This DUI blog is authored by Robert Healey, an associate lawyer with Suhre & Associates, LLC that limits his practice to DUI & OVI defense in Southwest Ohio.

Want to know the best way to defend your OVI breath test in Ohio?  You will need an experienced DUI attorney. 

Challenging a breath test begins at the arraignment or first court appearance on an OVI.  Your lawyer can also file a motion to challenge when the test sample was collected.

An experienced lawyer that limits his practice to DUI and OVI defense is able to challenge the admissibility of the breath test.  He can also argue that the performance on field sobriety tests is inconsistent with the breath test result.

Your DUI attorney can also argue a reverse extrapolation theory.  This means that the breath test on your OVI was not an accurate representation of the alcohol in your body at the time of operation.  

And remember, if you or a family member has been arrested for OVI in the Cincinnati Area – including: Hamilton, Butler, Warren, Clermont, Montgomery, and Greene Counties – call me, ROBERT HEALEY, or one of my qualified associates at 513.333.0014.  We are available 24-hours a day, 7 days a week.  Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and a FORMER PROSECUTOR to work….for you!

If you show up drunk for court you can be held in contempt, arrested, and held in jail.  If you show up drunk for sentencing your plea can be vacated.

Even if drank the night before you can have your sentence vacated.  This is because the alcohol still in your system can interfere with the validity of your plea being knowing, voluntary, and intelligent.

Best advice I can give is not to party before you go to court on a DUI or OVI charge.  You should expect to be given a breath or urine test at probation after sentencing.

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 my associates at 513.333.0014.  We are available 24-hours a day, 7 days a week.  Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and a FORMER PROSECUTOR to work….for you!

When you are pulled over for OVI you will most likely lose your license.  The Officer will also most likely give you an administrative license suspension or ALS.

This will be a 90 days suspension on a first offense if you test over the limit.  If you refuse the test it is one year. 

You can ask the court for driving privileges after 15 days on a test over.  If you refuse you have to wait 30 days before asking for privileges.

However, your lawyer will want to see the ALS form BMV 2255 that the Officer gives you.  He or she will want to see if there are grounds for an appeal.

O.R.C. 4511.197 gives us the statutory grounds for appeal of the ALS.  They are: 1.) no reasonable grounds for arrest for OVI, 2.) failure to read the advice on the back of the form, 3.) no test over the limit, and 4.) no valid refusal.

If your lawyer can see these or some other common defects on the ALS he can object at the initial appearance or arraignment.  This can result in a stay or termination of the suspension.

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 my associates at 513.333.0014.  We are available 24-hours a day, 7 days a week.  Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and TWO FORMER PROSECUTORS to work….for you!

The term legal limit will make most DUI lawyers cringe.  This is because there is no legal amount of alcohol to have in the body and drive.

Below, the (A)(1)(a) section says that if the officer believes you are under the influence of alcohol he can charge you with a DUI no matter what level of alcohol is in your system.  There are, however, many prohibited amounts of alcohol listed in the statute depending on how they test you:

4511.19 Operating vehicle under the influence of alcohol or drugs – OVI.   

(A)(1) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply: (a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.

(b) The person has a concentration of eight-hundredths of one per cent or more but less than seventeen-hundredths of one per cent by weight per unit volume of alcohol in the person’s whole blood.

(c) The person has a concentration of ninety-six-thousandths of one per cent or more but less than two hundred four-thousandths of one per cent by weight per unit volume of alcohol in the person’s blood serum or plasma.

(d) The person has a concentration of eight-hundredths of one gram or more but less than seventeen-hundredths of one gram by weight of alcohol per two hundred ten liters of the person’s breath.

(e) The person has a concentration of eleven-hundredths of one gram or more but less than two hundred thirty-eight-thousandths of one gram by weight of alcohol per one hundred milliliters of the person’s urine.

(f) The person has a concentration of seventeen-hundredths of one per cent or more by weight per unit volume of alcohol in the person’s whole blood.

(g) The person has a concentration of two hundred four-thousandths of one per cent or more by weight per unit volume of alcohol in the person’s blood serum or plasma.

(h) The person has a concentration of seventeen-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person’s breath.

(i) The person has a concentration of two hundred thirty-eight-thousandths of one gram or more by weight of alcohol per one hundred milliliters of the person’s urine.

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 my associates at 513.333.0014.  We are available 24-hours a day, 7 days a week.  Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and TWO FORMER PROSECUTORS to work….for you!

A first offense DUI in Ohio has the following penalties:

ALS (Administative License Suspension) for test refusal = one year license suspension.  ALS for a prohibited BAC (Blood Alcohol Content) = 90 day license suspension.

Jail – Minimum of three consecutive days or 3-day driver intervention program.  Fine – Minimum $375 and not more than $1,075.

Court License Suspension – 6 months to 3 years, ignition interlock device may be ordered by the Court.  Up to 5 years on probation. 

If there was a high tier BAC result, an additional 3 days in jail and restricted license plates.  These are very serious penalties.

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 - give our office a call at 513.333.0014.  We are available 24-hours a day, 7 days a week.  Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and TWO FORMER PROSECUTORS to work….for you!