Rule #1:  Don’t Drink and Drive

Although this should seem obvious, we often forget that our friends and family will usually not have any objection to giving you a lift if you tell them that you have been drinking. Additionally, because their liquor license may be at stake, many, if not most, drinking establishments will be happy to provide a ride home if you have been drinking.

Rule #2:  Pull Over Immediately if You See Police Lights in Your Rear View Mirror – Don’t Try to Flee

If you see police flashers, pull over. You can’t outrun the police and to try to do so will only make matters worse. You will be caught. You may be physically harmed by police who “fear for their safety,” you will be charged with DUI and you can most assuredly bet that you will be charged with additional, more serious crimes, such as fleeing and eluding (a felony), assault on a peace officer (a felony) and resisting arrest. Don’t flee no matter how scared or embarrassed you may be.

Rule #3:  Don’t Lose Your Temper with the Police

You should always be as polite as possible with the police. It probably won’t stop them from issuing you a citation but it may save you from being handled harshly and it may give the officer a reason to want to help your attorney later or, if the issue of punishment should ultimately come up, the judge will listen to the officer at the time of sentencing. Additionally, anger and irritation are deemed indications of intoxication that can be used at the time of trial. Don’t give the officer a reason to want to arrest you.

Rule #4: Remain Silent

I can not stress this Rule too much. If you are pulled over, DO NOT TALK TO THE POLICE, except to give them your name, address and date of birth. DO NOT VOLUNTEER ANY INFORMATION. DO NOT ANSWER ANY QUESTIONS no matter how innocent they may seem. POLITELY ADVISE THE OFFICER THAT YOU WOULD LIKE TO HAVE AN ATTORNEY PRESENT BEFORE YOU ANSWER ANY QAUESTIONS. If you are arrested for DUI DO NOT TALK TO THE POLICE FOR ANY REASON. You have the right to remain silent. USE THAT RIGHT!

Rule #5: Politely Refuse to Submit to Any Field Sobriety Tests

According to the laws of the State of Ohio, you have the right to refuse to submit to any form of field sobriety testing. If you are asked to walk and turn, stand on one leg, put your finger to your nose, balance in any way, try to gaze at an object or anything of the sort, or to take a roadside breath test, politely refuse. Although the fact of your refusal to perform a test in the field may be admissible at trial, an experienced attorney will know how to deal with the refusal. Further, arguably, the mention of your refusal to take the tests indicate that you were NOT drunk because you had the clearness of mind to make an educated decision not to do so.

  If the officer asks you to provide a breath sample into a portable device in the field, YOU SHOULD REFUSE. Refusing to provide a sample into a “portable breath testing device” (PBT) is not a “refusal” under Ohio’s Implied Consent law.

Rule #6: Politely Ask for an Attorney

If you are detained after being pulled over, politely tell the officer that you will be happy to cooperate, but that you would like to speak to an attorney first. If you are arrested, follow through and call an attorney.

Rule #7: Make Sure That the Police, the Court and The Department of Motor Vehicles Have Your Correct Address

Often after being arrested for a drinking and driving offense, an officer will release you without giving you any indication of the date you are required to appear in court or the officer will defer charging you immediately and instead forward the incident report to his superior or to the prosecutor for a determination as to whether or not charges will be filed. If the prosecutor decides to pursue charges the court will send a notification for you to appear in court to the address supplied by the police officer. If the address on your driver’s license is old or incorrect and you have not advised the officer of your current address, you may not receive the court notice. If you fail to appear for your court date the judge will likely issue a warrant for your immediate arrest (called a “capias.” Additionally, if the DMV does not have your correct address you may not receive important notices from them regarding your driver’s license status. By law you are required to notify the BMV of your current address.

Rule #8: Request Your Administrative License Hearing within the Time Limits Prescribed by Law

In Ohio an administrative license suspension (“ALS”) will occur when you either test over the designated legal limit or when you refuse to take a blood alcohol content test (“BAC”) (usually a breathalyzer). The suspension is automatic and the officer will take your driver’s license from you right then and there. The ALS can be anywhere from 90 days to 5 years depending on your history or test refusals or test failures. If you have never failed or refused a test in the past the suspension will be 1 year for refusing the BAC and 90 days from testing above the legal limit.

You have the right to appeal the ALS but any appeal must be done timely and in accordance with the law. Failure to comply with the time requirements will result in your having waived your right to appeal. Even if you are not totally successful in winning the appeal, you still may be able to get limited driving privileges during the suspension period, such as the right to drive to and from work or school or for medical purposes.

Rule #9: Exercise Your Legal Rights. Appear for All Court Dates and Administrative Hearings

Many people charged with DUI feel helpless and that there is no point in trying to fight the charges. This is not true. As strange as it may seem, whether or not you were drinking is not as important as you may think. Think about how many people that you know have been guilty of criminal charges but have “walked” because they exercised their rights with prepared counsel. (Think OJ!) It Is your Constitutional right to put the police, detectives, prosecutor and court system to the true test of proving your guilt as to each and every element of the crime(s) charged BEYOND A REASONABLE DOUBT!

It is really more a question of whether the government can prove you are guilty than whether or not you are innocent. (Remember, there is no “Innocent” verdict … You are either “guilty” or “not guilty.”) The government has to prove your guilt beyond a reasonable doubt. The mere fact that the police have a breathalyzer test that they claim you failed or that they claim you did not perform the field sobriety tests up to their standards does not mean much if there are plausible explanations or if the tests weren’t given properly.  Experienced defense attorneys do not concede anything when it comes to drunk driving evidence and know how to contest those issue before a jury or judge. Making the government prove your guilt beyond a reasonable doubt is often more of a challenge than the government is able to meet. That results in success for many clients. You have the right to make them meet that challenge. Use that right.

It is important to appear for all court dates, to request an administrative license hearing in a timely fashion and to seek out professional legal assistance. It is understandable that you may feel that there is little chance of a positive outcome, but remember:

“To try when there is little hope of success is to risk failure. Not to try at all is to guarantee it.”

Rule #10:    Hire an Experienced DUI Lawyer

If you are arrested for DUI / OMVI / DWI you need an experienced attorney. You need an attorney who has a history of representing those accused of driving under the influence of alcohol or drugs. You need an attorney who is not afraid to challenge the government and put them to the test of proving your guilt beyond a reasonable doubt. You need an attorney who has the knowledge to challenge the tactics of the police and the absurdity of the “tests” they use to try to prove your guilt. You need an attorney who knows the law and the court process.

The Law Offices of Dennis P. Levin offer such experience. I have extensive DUI trial experience and knowledge of Ohio court procedures and the issues relating to DUI charges, including field sobriety tests, breath testing, alcohol evaluations, driver’s license suspensions and, if necessary, plea bargaining. I know getting charged with DUI is one of the worst things that can happen to a person. Reputation, freedom and driving privileges are at stake. My office treats every case confidentially and treats every client with respect. We fight hard for every client.

If you have been accused of DUI, contact me at 216.831.3939.

Disclaimer: The information contained in these pages is to educate. Nothing in these pages should be relied on as legal advice. Consult a qualified DUI defense attorney.