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Top Ways Your Attorney Can Challenge a Drunk Driving Charge

Home|Blog|Criminal Defense|Top Ways Your Attorney Can Challenge a Drunk Driving Charge

If you’ve been accused of driving under the influence of alcohol or drugs, you may face interrogation and even an arrest that requires a court appearance. However, remember that you have rights in this situation, even if your BAC is more than the legal limit. 

The VanNoy Firm continuously works with clients accused of drunk driving. We are committed to defending your rights and protecting your future, so if you face DUI charges, contact our attorneys immediately to discuss your particular case. 

Take the Right Steps Immediately

The moments after you’ve been pulled over for a DUI are very stressful. While it’s understandable to feel like your case is hopeless, the decisions you make during this stage are crucial to your case’s outcome. Before taking any action, remember your rights:

  • Request an Attorney. Let law enforcement know that you want a lawyer. In doing so, they should no longer question you until your attorney arrives. 
  • Remain Silent. Avoid providing any oral or written statements until you’ve spoken with your DUI attorney. 
  • Consider Refusing a Chemical Test. In Ohio, you may refuse to complete a urine, breathalyzer or blood test if the police do not have a warrant. However, if you refuse testing, you risk an administrative license suspension. In certain cases, your lawyer might be able to help you get your driving privileges back for work and school purposes if your driver’s license is suspended. 
  • Do Not Answer Potentially Incriminating Questions. Remember that you are not required to answer questions the police ask you, such as “How many drinks have you had?” Only provide basic information, such as your name, car insurance and driver’s license.

By following these guidelines, it’s more likely that your attorney can demonstrate that you complied with all laws without unintentionally incriminating yourself. 

Defending Against Charges

If you are charged with a DUI in Ohio, the prosecution will need to show that you were impaired while operating the vehicle. If they do not have this evidence, you cannot be deemed guilty of a DUI. Our attorneys are highly experienced and can build a case in your favor by using the following possible defenses: 

  • You Were Not Operating the Vehicle. The prosecution may attempt to show that you operated the vehicle, even if it wasn’t running. We may be able to show that you didn’t have the keys in the ignition or that the vehicle was not in motion. 
  • You Weren’t Impaired. Impairment is usually proven through chemical tests and field sobriety tests. We can show how the methods were faulty. 
  • There Wasn’t Reasonable Suspicion. Police can only pull you over if there is a valid reason. Without reasonable suspicion, we can show that there is a lack of evidence. 
  • Sobriety Tests Must Be Conducted Carefully. Many field sobriety tests are prone to error if they are not conducted exactly as they should. We are able to develop a compelling defense that the results were inaccurate. 

Call An Attorney Immediately

If you were pulled over for a DUI, know that there is still hope when you work with a tenacious attorney. The VanNoy Firm offers dependable legal support through your DUI case. Contact our Dayton criminal defense attorneys today to discuss your situation.

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About The Author

Anthony S. VanNoy

Trial Attorney

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