What is Your Defense to a DUI Charge?

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Dayton DUI Lawyers Here To Help You

If you are arrested and charged with a DUI in Dayton, Ohio, there may be life changing consequences. For instance, you may be fined thousands of dollars, or you could receive jail time. Depending upon whether it is your first offense or you have had prior DUI arrests and convictions, you could lose your driving privileges by having your driver’s license suspended or revoked all together. Frequent offenders will also be labeled with a “Scarlet Letter,” requiring the mandatory installation of an ignition interlock device and special license plates designed to tell society at large that you are a “frequent drunk driver.” After several such arrests and convictions, you may ultimately be charged with a felony and sentenced to serve a prison term.

Why is it Important to Talk to an Attorney Immediately After an Arrest for DUI

After you have been stopped, arrested and charged with a DUI, you may have some uncertainty about what will happen next. Most likely, you will be concerned about any penalties and possible loss of license. The effects of a DUI arrest and conviction will have profound personal and financial repercussions. If you receive a prison sentence, your life will be altered permanently.  With that said, the first order of business is to consult with an experienced criminal law attorney to find out what your rights are. If you have any defenses available to you, your attorney will let you know this.

Possible Defenses

If you are facing a possible DUI conviction, mounting a good DUI defense may help you avoid serious penalties, including a prison sentence. Here are some possible defenses to consider. Consult with your attorney to see if any of these apply to your particular case.

  • You may challenge the legality of a DUI checkpoint stop. Could there have been any violation of your Constitutional rights when you were stopped? Did the arresting officer have reasonable suspicion that you were driving while intoxicated?
  • You may dispute whether you were, in fact, driving under the influence.
  • You may question whether the field sobriety tests were accurate.
  • You may challenge the BAC results from a breathalyzer test.
  • You may also challenge the results of any blood tests.
  • Where you “Mirandized” at the time of your arrest?  (Miranda Rights include a warning the arresting officer must give you advising you of your right to remain silent.)
  • Did the arresting officer fail to issue an “implied consent” warning? Under Ohio law, the fact that you have a driver’s license implies that you are consenting to a chemical test of your blood, breath or urine for the purpose of determine what your blood alcohol concentration is at the time of your arrest.

If you are facing criminal charges in Dayton, please contact the VanNoy Firm online by clicking here, or give us a call at 937-952-5043.



About The Author

Anthony S. VanNoy

Trial Attorney

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