May 14, 2023 | DUI
Drinking and driving is a major concern in Ohio. Thousands of people suffer serious injuries every year due to people driving under the influence. To combat this issue, the state legislature has created some rather harsh penalties for people who drive under the influence.
These penalties are enforced by state and local police. They monitor the roads and look for signs that someone is driving under the influence. If they believe you are, you will be pulled for a DUI. When this happens to you in Dayton, remember the following tips.
You Have Rights
You have several rights when you are pulled over for a DUI in Dayton. But in most cases, you must invoke these rights to gain access to them. And you can only invoke your rights if you know what they are.
The Right to an Attorney
Before speaking to a police officer, you can insist on being represented by an attorney. Many people think this is only important to do if you are guilty. But this can also be important if you are innocent.
If you wish to invoke your right to an attorney, you are still required to provide basic contact information to the officer. This means that you tell them your name and provide some form of identification. Beyond that, you can insist on a lawyer before answering any other questions.
The Right To Refuse Field Sobriety Tests and Roadside Portable Breath Tests (PBT)
Both these tests are extremely fallible. Even sober individuals have trouble passing field sobriety tests, and PBTs are often miscalibrated. While your attorney might be able to prove the test wasn’t calibrated right, it is easier to refuse the test in the first place.
Note that this right only applies prior to an arrest. If an officer arrests you and asks you to submit to chemical testing, you must comply. If you do not, you risk losing your license for a year.
The Right To Record Police Interactions
The Supreme Court has confirmed that all citizens have the right to record their interactions with police officers. While the police officer might already be wearing a camera, you can’t be certain it works or is turned on. If you record the interaction yourself, you will have the evidence you need at your fingertips.
Testing and Implied Consent
While you can refuse specific tests, you can’t refuse to be tested at all. By driving on the roads of Ohio, you implicitly agree to allow the state to test you for driving under the influence — whether by blood, breath, or urine.
If you refuse these tests, your license will likely be suspended for up to a year, even if you aren’t convicted. Sometimes this is the right choice, but you should speak to an attorney before making that decision.
The results of the test are important in determining guilt, in part because Ohio has differing standards based on the age of the driver and their profession. If you are under 21, a BAC of 0.02% or higher is illegal. That increases to 0.08% for other drivers — unless you own a commercial driver’s license, in which case the limit drops to 0.04%.
The penalties for a DUI are harsh. They all include license suspension, as well as:
- Up to six months in jail for the first offense
- A minimum of 10 days in jail for a second offense
- Up to a year in jail for a third offense
- Felony charges for a fourth offense and beyond
The best way to avoid such harsh consequences is to never drive under the influence for any reason.
Contact a DUI Defense Attorney in Dayton for Legal Advice and Help
If you find yourself pulled over and arrested for DUI in Dayton, Ohio, it is critical to protect your rights and interests by contacting an attorney as soon as possible. A lawyer can help you achieve a favorable outcome, if possible, and can ensure you aren’t taken advantage of by the prosecution or other involved government personnel.
Suhre & Associates, LLC – Dayton
130 West Second Street #17-129
Dayton, OH 45402