Drunk driving charges can smear your reputation and diminish your personal and professional opportunities. If you are convicted, the penalties may be overwhelming. For this reason, it is imperative that you take your defense strategy seriously.
Working with a knowledgeable and trial-proven Lancaster DUI lawyer from Koffel Brininger Nesbitt may be your best option when you hope to clear your name and dodge a conviction.
Your dedicated Lancaster criminal defense lawyer has over 30 years of experience defending the accused. Contact our law office to schedule a confidential consultation today and discuss potential defense strategies, including working with the prosecutor to enter pre-trial negotiations and defending yourself at trial.
Understanding DUI Charges in Lancaster, OH
DUI charges may apply under Ohio Revised Code §4511.19 if your blood alcohol content (BAC) levels reach or exceed 0.08%. For a first-time offender convicted of committing a DUI at the first-degree misdemeanor level, you will spend a mandatory minimum of three days or up to six months in jail. You will also face a mandatory minimum one-year driver’s license suspension.
If your BAC levels are higher than 0.170%, you can expect enhanced penalties, including more time in jail and increased fines. You could also be ordered to complete a drug or alcohol treatment program, install an ignition interlock device (IID), and be ordered to carry SR-22 auto insurance, which will significantly increase your auto insurance premiums.
There are multiple ways in which you may be able to defend yourself when you are accused of operating a vehicle while impaired. We may challenge whether law enforcement officials properly calibrated the breathalyzer, question whether there were mistakes made with the analysis of your BAC sample, or even question whether the police had probable cause to stop you in the first place.
For a free legal consultation with a dui lawyer serving Lancaster, call 614-884-1100
Lancaster DUI FAQ
What Is the DUI Statute of Limitations in OH?
Generally, prosecutors have as much as two years from the date of the alleged DUI to file formal charges. According to Ohio Revised Codes §2901.13, if they do not file criminal charges with the help of a Lancaster DUI lawyer before the statute of limitations runs out, they will not be able to charge you. However, if you are charged with felony DUI, the statute of limitations may be extended.
Under Ohio Revised Codes Section 2901.13(a), the felony DUI statute of limitations does not expire until six years from the date of the alleged offense.
However, it is rare for the district attorney to wait an extended period of time to file charges unless the accused flees the state, at which point the statute of limitations would pause its countdown anyway. If you believe the statute of limitations may have passed, do not hesitate to consult a Lancaster DUI attorney at Koffel Binger Nesbitt for legal advice and support.
Are DUIs Eligible for Expungement?
Although most misdemeanor offenses are eligible for expungement, DUIs are unique. According to Ohio Revised Codes §2953.32, if you are convicted of driving under the influence, you are not eligible to have your record expunged.
For this reason, you may need to consider alternative options and trust our defense strategies and what your lawyer can do.
What Happens if My Underage Teen Was Charged with a DUI?
If your underaged child was charged with drunk driving, they could be facing serious penalties. Also commonly referred to as operating a motor vehicle after underage consumption (OVUAC), if convicted, they could be facing up to 30 days in jail, a two-year driver’s license suspension, and fines of up to $250.
A second OVUAC conviction carries even more severe Ohio OVI penalties, including up to 60 days in jail, a five-year driver’s license suspension, and fines up to $500.
There could also be several collateral consequences. Your teen could be disqualified from federal student aid if they have a DUI conviction on their record. This could inhibit their ability to obtain a higher education and build their future.
What Are Implied Consent Laws?
Ohio’s implied consent laws under Ohio Revised Code §4511.191 refer to all drivers having given their implied consent to chemical blood, breath, or urine testing when under suspicion of drunk driving. You may have hoped to avoid a criminal sentence by refusing to complete a chemical blood alcohol concentration (BAC) test.
If you revoke your implied consent, you will face an automatic suspension of your driver’s license. You could also be fined up to $375 and spend as much as three days in jail.
Am I Legally Required to Do a Field Sobriety Test?
When police stop you for suspicion of drunk driving, they may request that you agree to complete a field sobriety test. You are well within your rights to politely decline. In fact, it will be in your best interest to refuse a field sobriety test.
There are multiple types of field sobriety tests, including the horizontal gaze nystagmus test, the walk and turn, and the one-leg stand test.
The results of these tests are frequently challenged, and you do not want to give law enforcement officials any additional evidence they could use against you. You will not face any additional penalties if you do not agree to a field sobriety test.
Lancaster DUI Lawyer Near Me 614-884-1100
Turn to a Dedicated DUI Lawyer in Lancaster for Help Today
The fallout of a drunk driving conviction may be profound. In addition to jail time and criminal penalties, you may find your personal relationships affected, your professional reputation destroyed, and your driving privileges taken away. Now more than ever, you need to protect your future.
Put your DUI defense in the hands of a respected criminal defender. Schedule a confidential case evaluation with a DUI attorney in Lancaster from Koffel Brininger Nesbitt.
Complete our secured contact form or call our office to schedule your initial defense strategy session as soon as today.
Call or text 614-884-1100 or complete a Free Case Evaluation form
