Proven Cleveland DUI Defense Lawyers
When You Can't Afford an OVI & Need to Drive: Call for a Free Case Evaluation
If you are convicted of OVI, it can change your life forever. You will lose your license for a period of time. You face an almost certain fine, and you may spend time in jail. Arrests alone can ruin a professional career.
Ohio is taking OVI enforcement seriously, and our DUI firm takes the fact that you have rights throughout the process seriously. Our work is to protect those rights. No one has to go it alone when they have been arrested for operating a vehicle while intoxicated or impaired. Everyone has a right to a good attorney at their side. Call a DUI law firm with experience in courtrooms across Ohio! Call (440) 709-8088.
Client charged with driving while impaired. Breath test of over .11 Result: Prosecutor Dismissed the OVI Charges!
Have You Ever Helped Get a Client's DUI Charge Dismissed?
We are almost always asked two questions when talking to a potential client who has been charged with OVI:
- How much will DUI defense cost?
- What can you do for me?
Both of these questions are logical and make sense; if you are reading this then we are sure you have similar questions. In these questions, the potential client is doing a couple of things. First, the client wants to know how much this is going to cost them to get the result they want in the second question. No ethical attorney will make a prediction about your case without learning more information. However, have we ever had a client’s DUI charge dismissed? Absolutely. We have recent cases where we were able to convince the court or the prosecutor to dismiss. This is highly difficult to do and takes a great bit of skill and determination.
OVI Defense Attorneys Protecting You from Drunk Driving Charges
Often, our clients will ask us "What can you do for me? I blew over the legal limit and got an OVI!"
We understand that your case might seem hopeless if you failed a breathalyzer or field sobriety test; however, simply failing either or both tests does not mean you are going to be convicted. This is why it is important to select a DUI attorney who has actual experience defending clients from these types of crimes. For example, many people do not know that there are two legal blood alcohol limits in Ohio. This should worry you, especially if your attorney does not know. The first legal limit is 0.08 and the second is 0.17. The penalties for these types of charges go up significantly if you test over the second legal limit (also known as a high tier test).
"I Was Drinking, How Can I Possibly Fight My Cleveland Area OVI Charge?" There are many different avenues to challenge an OVI:
- The first thing we typically look at is the reason you were stopped. A lot of the time, especially in cases where there is a dash camera, we analyze the footage to see why a defendant was stopped. Sometimes, allegations of the arresting officer are not visibly apparent and thus can be challenged. If the stop is bad, then everything that comes after the stop is bad as well.
- We can also challenge the reason the arresting officer removed a defendant from the vehicle to perform standard field sobriety testing. If there was no reasonable suspicion to remove a defendant from a vehicle, then everything after the wrongful removal is bad as well.
- Another thing that can be challenged is the field sobriety testing. Ohio universally recognizes the NHTSA as to how the field sobriety tests should be administered. If the tests aren't administered correctly, it can impact the way a defendant performs those tests. You can also challenge the alcohol testing, whether it be a blood, breath, or urine sample.
Tailing Our Approach to Our Clients' Needs
We are not a plea factory. Many defense lawyers will simply take clients and get a quick plea deal. We feel this approach has led to lawyers having a bad name. We instead fight aggressively for our clients, and we tailor our approach to what our clients want. Some clients want us to work out the best deal as fast as possible; others want us to challenge the evidence and attempt to secure an acquittal. It depends on the client’s situation. If you have a job that you need driving privileges for or that you cannot have a criminal conviction you might need to fight because if you lose your job you could lose your home, family, and friends. Our Cleveland criminal defense attorneys understand that.
Penalties for Driving Under the Influence
Ohio drunken driving laws are among the toughest in the country and have been that way since the early 1990s. You will lose your license if you are convicted of OVI in Ohio. Period. How long your license is revoked depends upon the severity, and details, of your arrest. You will lose it immediately if you refuse to take a sobriety test or if the breathalyzer result is higher than the legal limit of 0.08% blood alcohol level (BAC). Authorities can also take your license plates and they may seize or disable your vehicle if you have multiple arrests for DUI.
DUI penalties are extremely serious:
First OVI -
At least 3 days in jail or a 3-day alcohol abuse program. Fine up to $1,075.
Second OVI -
A jail sentence of 10 days to 6 months or a combination of jail, house arrest with monitoring, and/or continuous alcohol monitoring. The fines can be $1,625.
Third OVI -
A punishment of 30 days to 1 year in jail. If your BAC was 0.17% or higher, the sentence is a minimum of 60 days. The fine can be $2,500 along with paying for an alcohol or drug treatment program. You will also lose your driver's license for 2 to 10 years. If your second OVI was less than 6 years prior to this arrest, throw out the above info because you are facing a felony now.
Fourth OVI -
Up to as much as 5 years in jail and a $10,000 fine for a 4th conviction. Plus, you would be required to surrender the car you drive to the authorities. Some 4th offenders lose their licenses permanently.
5th OVI or More -
Call me. We need to discuss what's coming.
DUIs & CDL Disqualification in the Cleveland, OH Area
Many of our clients are individuals who own and operate their own truck companies—or single units. All these people have one thing in common: they have a CDL and without it, they are unable to work, function, and survive. We have often said that we believe DUI law impacts people holding special licenses more than those without, and it is certainly true when you talk about a CDL. If you have a CDL and are charged with an OVI/DUI in the Cleveland, Ohio area, you need to speak with a DUI attorney immediately. Call us at (440) 709-8088.
It is important to hire an attorney who knows exactly how to both defend a DUI and protect your CDL. The defense attorneys at Patituce & Associates have handled cases ranging from drugs and DUI to murder. We know how to find errors in police work, and we know how to exploit it to your advantage.
In one case, we secured a dismissal for an individual who was simply sitting in his vehicle when the police approached. We successfully convinced the court to throw out the entire DUI case without the need for a trial. The prosecutor wanted our client to serve a significant jail sentence, our client took our advice and we fought. We won and our client walked out with his license intact, no fines, no costs, and no jail time.
Call a Cleveland DUI Attorney for Your Free Consultation
It is important that you speak with a Cleveland DUI defense lawyer fast if you have been charged with these crimes because facing a judge alone and entering a lousy plea, or working with a lawyer who does not practice in this area, is simply a horrible idea. We do not believe that you should have to pay to talk to us so we offer a free consultation to all of our clients who have been arrested for OVI. Simply call (440) 709-8088 today!