In Ohio, driving under the influence (DUI) is also referred to as operating under the influence (OVI). If you were pulled over and arrested for OVI/DUI in Dayton, OH, you don’t have to feel like you are in this alone. Suhre & Associates, LLC’s Dayton 2nd time DUI lawyers are standing by to help you fight the allegations against you.
Do not make the mistake of thinking the state will drop the charges or leave you alone. The state of Ohio takes 2nd time DUI charges seriously. The only way to protect your future is to work with an experienced and aggressive legal team like Suhre & Associates, LLC.
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How Can Suhre & Associates, LLC Help Fight 2nd Time DUI Charges in Dayton?
A 2nd time DUI in Dayton, Ohio, involves complex legal issues. You need stellar representation from a Dayton criminal defense lawyer to help you beat the charges. Suhre & Associates, LLC has former police officers and prosecutors on our defense team with unique knowledge of the OVI process.
Founding attorney Joe Suhre was a police officer for five years, attending the Police Academy and receiving training on DUIs. He left the police force to attend law school and become a defense lawyer over twenty years ago.
We use our inside knowledge to fight every shred of evidence and every action taken by the police. The state knows they can’t play games and take advantage of our clients. Retaining our team sends a strong message to prosecutors that you are going to fight to prove your innocence.
When you hire our team, we can get started developing your defense by:
- Obtaining body and dash cam footage
- Scrutinizing police reports
- Asserting your right to remain silent
- Filing defense motions in court
- Negotiating with prosecutors
- Taking your case to trial
As a defense lawyer, Joe Suhre continues to participate in OVI training and even became certified by the National Highway Traffic Safety Administration (NHTSA) in Field Sobriety Testing — the same training that law enforcement continues to use. This enables him to identify any mistake made by police as they investigated your case.
What does all this experience mean for you? It means we can scrutinize your case with an incredible level of detail. We won’t miss any mistakes by the police. Mistakes by police can make or break your case.
You can count on our Dayton DUI defense lawyers to build the strongest defense possible. Contact us today for a free consultation.
What Does the Prosecution Have to Prove to Convict on a Second Offense DUI?
A second offense DUI in Dayton has four elements. The state is required to prove every single element beyond a reasonable doubt to a jury before they can convict you.
These four elements consist of:
- Had control of a motor vehicle
- While under the influence of alcohol or drugs
- You were previously convicted of one DUI in the last ten years
The state will present evidence on each element. A strong defense lawyer will challenge key pieces of evidence and tear holes in the prosecution’s case against you.
Society today is quick to rush to judgment. They forget that under the U.S. Constitution, you are presumed innocent until proven guilty. People often ask criminal defense lawyers, “how can you defend someone who is accused of a crime?” Standing up for the rights of the accused is critical to a free and just society.
What Defenses are Available to Second Offense DUI in Dayton?
Fighting DUI cases requires extensive knowledge of police procedures and constitutional rules. Whenever the police make a traffic stop, their actions are governed by thousands of pages of case law. Case law is court opinions written by judges, and these opinions have the force of law.
When the police violate one of the constitutional rules laid out by the courts, the exclusionary rule may apply. The exclusionary rule is a legal tool that prevents the police from violating your Fourth Amendment right to be free from unreasonable searches and seizures.
This rule says that evidence obtained illegally cannot be used against you in court. A detailed motion to suppress evidence filed by a defense lawyer is one of the best ways to fight DUI cases.
There are different ways to challenge the evidence, including:
- Arguing the police lacked reasonable suspicion to pull you over
- Arguing the police lacked reasonable suspicion to conduct field sobriety testing
- Arguing the police improperly conducted field sobriety tests and therefore lacked probable cause to make an arrest
- Challenging blood results as unreliable
- Arguing incriminating statements were obtained in violation of your Miranda Rights
Every case is unique, so you will need to go over your case in detail with your lawyer to determine which strategy may be available in your case. You may even have other defenses not mentioned here!
Sometimes effective negotiation can be one of the best defenses. Suhre & Associates, LLC prepares each case like we are going to take it all the way to trial. This allows us to get a true sense of the strength of the case against you. It also allows us to use the strengths of your case to convince prosecutors to offer a favorable resolution.
Of course, no case is ever resolved unless the resolution achieves your goals. If negotiating for dismissal or reduction fails, our battle-tested trial lawyers get to flex their muscles in the courtroom — our favorite part of our job.
What are the Penalties for 2nd Time DUI in Dayton, Ohio?
2nd Time DUIs in Dayton, Ohio, are classified as First Degree Misdemeanors. The penalties for a second offense OVI can be distressing. These are very different from 1st Time DUIs. That is why we take every case so seriously — we know how much this case matters to you, and we do everything we can to win your case.
If convicted, the penalties for a 2nd offense DUI include:
- Mandatory substance abuse treatment
- Driver’s license suspension for one year minimum and seven years max
- A $1,625.00 fine
- Between 10 days jail (minimum) and 6 months jail (maximum)
- Possible time on house arrest with electronic alcohol monitoring
The sentence for a 2nd offense OVI can vary greatly based on a number of aggravating factors. Relevant factors in DUI sentencing may include prior record, dangerousness of the driving, BAC level, cooperating with officers, and whether children were in the car.
Suhre & Associates, LLC knows how to present favorable factors to the court at sentencing as well to help reduce a sentence if convicted. Favorable factors are sometimes called mitigating factors. These are usually the absence of the aggravating factors. For example, no kids in the car, no high speed, no car crash, no prior convictions, would all be favorable, mitigating factors.
For some, the loss of a driver’s license is worse than jail time. For commercial drivers, losing a driver’s license can mean losing a job and inconvenience for an extended period of time.
Fortunately, it is sometimes possible to obtain an “occupational” or “conditional” driver’s license. Suhre & Associates, LLC can help you petition the court for limited driving privileges to get to work or to take care of loved ones.
Contact Suhre & Associates, LLC To Fight Your DUI Charges
You need to take your 2nd time DUI charges in Dayton seriously. The prosecution will. You need a skilled Dayton 2nd time DUI lawyer. Suhre & Associates, LLC prides itself on its OVI defense.
Our lawyers are experienced and aggressive. We are passionate about fighting DUI cases and forcing the state to meet its burden of proof or dismiss the case. Whether we are filing motions to suppress evidence, presenting your case to a jury, or working with expert witnesses to challenge blood test results, you can count on us to always have your best interest in mind. If you are accused of drunk or drugged driving, contact our team right away. Your initial consultation is free, and we want to get started helping you through this difficult time.