August 30, 2022 | DUI
Statutes of limitations apply in criminal cases as well as civil cases. A statute of limitations is a deadline for filing criminal charges or a civil lawsuit. The statutes of limitations vary by state.
Ohio Revised Code §2901.13 sets the statutes of limitations for criminal cases. The deadlines for filing most criminal charges are:
- Six years for a felony
- Two years for a misdemeanor
- Six months for a minor misdemeanor
That means that most felony DUI charges must be filed within six years, and most misdemeanor DUI charges must be filed within two years.
However, there are exceptions to these rules. For instance, if your DUI case involves other charges, the statute of limitations could be much longer depending on the specific criminal offense.
Statutes of limitations generally do not apply in cases involving driving under the influence or operating a vehicle under the influence (OVI). Generally, the police officer issues a citation at the traffic stop. Most DUI stops result in an arrest or citation after a failed or refused breath test.
The issue of when the prosecution commenced can be tricky. The best way to fight DUI charges is to contact an experienced DUI lawyer immediately after a DUI arrest or traffic stop.
What Are the DUI Laws in Dayton?
It is illegal to operate a motor vehicle under the influence of alcohol or drugs (OVI). Therefore, you could be arrested for DUI even if your blood alcohol content (BAC) is below the legal limit. The prosecution would need to prove that your driving abilities were impaired by the alcohol or drugs in your system.
Ohio also has per se DUI laws that presume you are intoxicated if your BAC level is above the legal limit. The legal limit for BAC if you are over the age of 21 years is .08% in Ohio. However, if you are under 21 years old, the legal limit is .02% in Ohio.
Additionally, commercial truck drivers have a lower BAC limit. The legal limit is .04% if you have a commercial driver’s license.
The penalties for a Dayton DUI/OVI conviction can be severe. Being convicted of a first-offense drunk driving charge in Dayton could result in:
- 90-day license suspension for a prohibited BAC level
- Three days in jail or a 3-day Driver Intervention Program
- One to three years driver’s license suspension
- Installation of an ignition interlock device (IID)
- A fine of over $1,000
- One year administrative license suspension for a test refusal
The penalties for DUI continue to increase in severity with the second, third, and subsequent DUI convictions. You could face up to five years in prison for a fourth DUI conviction and a $10,500 fine. You could also lose your driver’s license for life.
What Should You Do if You Are Arrested for DUI in Dayton?
Contact a DUI attorney immediately. Even if the police officer did not charge you after taking you for a blood test, it is best to speak with a lawyer immediately. The prosecutor could charge you with driving under the influence when they receive the blood test results.
A DUI attorney investigates all factors and circumstances leading up to your DUI charges. There could be one or more DUI defenses the lawyer could use to fight the OVI charges.
Examples of DUI defenses that might be applicable in your case include:
- The police officer lacked reasonable suspicion or probable cause for the traffic stop or DUI arrest (Fourth Amendment violations)
- The police officer administered the field sobriety tests incorrectly
- Your incriminating statements were made after you should have been read the Miranda warning but were not
- Challenge the accuracy of the BAC test results because the officers or lab techs made errors in collecting, testing, and storing samples for blood tests and urine tests
- Medical or other reasons explain the high BAC levels for a breath test, such as GERD, acid reflux, residual mouth alcohol, rising alcohol levels, diabetes, etc.
- Your driving ability was not impaired by the level of alcohol in your system that was under the legal limit
Your lawyer develops a defense strategy that gives you the best chance of beating the DUI charges. If applicable, your lawyer files a motion to suppress evidence so that it is inadmissible against you in court. Your lawyer may also challenge the police officer’s statements and observations used as evidence based on the officer’s past record.
The only way to know whether you have a valid DUI defense is to speak with an attorney. The police officers and prosecutor will not help you. The prosecutor wants a guilty verdict.
Therefore, avoid talking to the police or the prosecutor without an attorney. Likewise, do not accept a DUI plea agreement without legal representation.
Contact the Dayton DUI Attorneys at Suhre & Associates, LLC For Help Today
For more information, contact the DUI attorneys at Suhre & Associates, LLC give us a call today at (937) 531-0435 or visit us at our Dayton law office.
Suhre & Associates, LLC – Dayton
130 West Second Street #17-129
Dayton, OH 45402