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!

Do you have to talk to the police wen pulled over for DUI in Cincinnati, Ohio?  Do you have to talk to the Judge at sentencing for DUI or an amended non-DUI charge?

NO!  When pulled over for DUI in Cincinnati, Ohio, you have the right to remain silent.  It is best to remain silent when being questioned about a DUI.

Often times I see weak cases by the police that I can beat at trial when I review evidence.  Then I have the heart sinking feeling that comes to any DUI lawyer when I see that the client waived their Miranda rights to remain silent and answered questions from the police at the station in custody that admit all the elements of the offense of DUI.

This is called a confession.  It will ruin your chances of defending the case if it gets to trial.

This right to remain silent is expressly granted in the Fifth Amendment to the U.S. Constitution as follows:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

This right also applies when pulled over at the scene of a DUI traffic stop.  You do not have to tell the officer when you are coming from, where you are going, what you had to drink, how many drinks you had, and you do not have to perform field sobriety tests!

Note: you do have to stop the car when they turn on the lights and siren, and you have to give them enough identifying information to find our who you are if you do not have a plastic license on you.  You also have to comply with lawful orders like, “exit the car.”  That’s it.  If your car is already stopped, and you are out of the car when the police arrive, you do not have to admit driving.

This right also applies at a plea.  This is a little known fact among my colleagues and the judges I practice with.

Lots of rights waived when entering a plea, but the Right to Remain Silent remains intact at sentencing.  This means that when a judge asks if you have a prior offense that will enhance the penalty, you do not have to talk.  Also, if the judge asks if you have anything to say, you can remain silent.

I tell all my client’s this before we dispose of cases that result in a sentence.  I have seen too many lawyers let their clients talk and result was an angry judge and a stiffer sentence than anyone anticipated.

And remember, if you or a family member has been arrested for DUI in the Cincinnati Area – 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 DUI LAWYER, 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!

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!

Charged with a felony DUI or OVI in the Cincinnati area?  You need an experienced lawyer that can explain the process and advocate for you each step of the way.

We will file a request for the evidence the prosecutor intends to use against you at trial.  We will also file a request for the preservation of evidence.  Once the prosecutor produces the evidence we will evaluate the case and meet with you again to discuss the strengths of your case.

Part of our evaluation of the evidence is to determine if any evidence was obtained in violation of the law or your rights.  If so, we can file a motion to prevent the evidence from being used against you at trial.

We will begin negotiation with the prosecutor at the Disposition Scheduling Conference (DSC) and it will continue until the case resolves by plea or trial.  The DSC will be scheduled within a week or two after the arraignment.

The DUI and OVI attorneys at Suhre & Associates, LLC will meet with the prosecutor and judge to talk about your case for the first time at the DSC.  The judge can review the bond at the DSC.  Bond can go up, down, or remain the same.  We might be provided with some or all of the evidence.

Your felony DUI or OVI case in the Cincinnati area will be set for a plea or trial setting following the DSC.  This is an opportunity to make sure that we have all the evidence we need to evaluate and fight you case.  We will continue to negotiate for dismissal or amendment of some or all of the charges to lesser offenses in an attempt to minimize your exposure to prison and felony convictions.  Expect several plea or trial setting dates.  The pretrial phase of the case can take from 30 days to a few months.

We will file and have a hearing on the motion to exclude evidence.  This is based on our allegations that the state’s evidence was collected improperly.  Remember, it does not matter what you did in a criminal case, only what the prosecutor can prove at trial.

A trial is next if we cannot obtain a plea agreement that you are happy with.  A trial is to the judge or a jury.  The state has the burden of proving all the elements of each offense beyond a reasonable doubt.  The length of the trial depends on the number of witnesses that are expected to be called.

If you are found guilty by entering a plea or after a trial, the judge must order a presentence investigation (PSI).  The judge has to order a PSI before sentencing you to probation in lieu of prison.  You will meet with the probation department for an interview and they will make a recommendation on sentencing, and eligibility for treatment or probation in lieu of prison time.

Expungement is not available for a OVI or DUI conviction.  It is very important that you hire a law firm with experience in applying the best DUI and OVI defenses to your case.

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 perfect time to put a team that includes a FORMER POLICE OFFICER and a FORMER PROSECUTOR to work… for you!

Here is what you can expect if you are charged with a felony DUI or OVI in Cincinnati, Ohio.  Your first court appearance will be for misdemeanor arraignment.  A plea of not guilty is typical at this time.

Next we will address the issue of bond.  If you are locked up in jail we can meet with you to review the bond factors which all the DUI and OVI attorneys at Suhre and Associates are very familiar.

We know the best things to talk about to give you the best chance to get out of jail with the most minimal restrictions.  The we receive a date for the report of the grand jury, the topic of my next blog.

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 perfect time to put a team that includes a FORMER POLICE OFFICER and a FORMER PROSECUTOR to work… for you!

Suhre and Associates has always been dedicated to the best DUI defenses in the Cincinnati area.  We recently had another fantastic result in Fairfield, Ohio.

Our client was charged with his third DUI offense in three years and driving under a DUI suspension.  We were able to get him a minimum sentence.

He only served 60 days in jail.  He was facing a potential 1.5 years in jail and a forfeiture of his car.

Due to our diligent examination of the facts and extensive knowledge of the DUI laws in Ohio, we saved his car from forfeiture.  Suhre and Associates can help you with your DUI or OVI in Cincinnati and Fairfield.

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 perfect time to put a team that includes a FORMER POLICE OFFICER and a FORMER PROSECUTOR to work… for you!

Suhre and Associates, LLC sent four of its lawyers to get certified to administer standardized field sobriety tests last weekend.  All four lawyers graduated from the 3 day program and were certified.

Our lawyers now have the same training that the police have as it relates to detection and apprehension of DUI offenders.  This will make our lawyers better able to evaluate your case and cross examine the police officers in your case.

If you or someone you know is charged with a DUI or OVI near Dayton or Cincinnati, contact us immediately.

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 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.

People always ask me why it takes so long to get the evidence in a DUI or OVI case.  The simple answer is that a lawyer or defendant cannot always just go get it.  It is evidence of a crime and not subject to public record.

This means that your lawyer will have to file a motion to get a copy.  The police that send the evidence to the prosecutor’s office are not defense lawyers and do not always send everything.

Prosecutors do not always request everything from the police right away to save some work because they have a very high workload and don’t want to waste time getting things that will not be contested.

The first pretrial appearance is a good chance for your lawyer to get what the prosecutor has.  He will also evaluate what is missing.

The first appearance on your DUI will most likely result in driving privileges if this is a first offense.  If you have priors in 6 years you will have to wait until a hearing on the appeal of the pretrial BMV suspension called an ALS, or until the hard time of the suspension has run.  “Hard time” means the court cannot let you drive yet.

The missing evidence can usually be produced without much difficulty at one or two additional pretrial appearances.  This is depending on the complexity of the evidence being asked for, compare a refusal with no video to a case with multiple officers, an accident, and a blood test with hospital records and coroner’s lab records.

The former might be completely available at the first court appearance, the latter might take over 80 days to get.  If the defense lawyer knows the matter

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; or, in the cities of: Cincinnati, Hamilton, Lebanon, South Lebanon, Mason, or Fairfield, – 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.  IT is very important that you call right away because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and a FORMER PROSECUTOR to work… for you!