Drunk Driving/DUI Resource Links

Posted by Jim Arnold on October 5, 2009 · Leave a Comment

About.com: Alcoholism and Substance Abuse
Links to articles and resources about drunk driving.

Impaired Driving Division – National Highway Traffic Safety Administration
NHTSA’s Impaired Driving Division provides information and resources on drunk driving from a legal and social viewpoint and with a goal of prevention.

Insurance Institute for Highway Safety
Link to informational chart about the drunk-driving laws of all 50 states plus the District of Columbia.

Center for Disease Control (CDC) – Impaired Driving
Facts, data, publications and other helpful information involving impaired drivers.

The Century Council
A not-for-profit organization dedicated to fighting drunk driving and underage drinking.

American Council on Alcoholism
A national nonprofit organization dedicated to educating the public and those with alcohol dependence about the effects of alcohol, alcoholism, alcohol abuse and options for recovery. Extensive information about drunk driving.

How a DUI Conviction Affects Your Insurance
Description of the effect that a DUI may have on an insured’s auto policy, from insure.com, an online consumer insurance information service.

Alcohol Problems and Solutions – Drinking and Driving
Comprehensive, highly acclaimed Web site about alcohol consumption, alcoholism and drunk driving by David J. Hanson, Ph.D., Professor Emeritus of Sociology at the State University of New York at Potsdam.

National Conference of State Legislatures: State Drunk-Driving Laws
A survey of the drunk-driving laws throughout the US by topic and state. This site also provides information regarding penalties for drunk driving and additional resource links.

Insurance Information Institute (III)
Hot Topic and Issue Update article on drunk driving.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
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Frequently Asked Questions about Drunk Driving

Posted by Jim Arnold on October 5, 2009 · Leave a Comment

Q: What is “blood-alcohol concentration” or “blood-alcohol level”?

A: Blood-alcohol concentration (BAC) is the level of alcohol in the bloodstream from drinking alcoholic beverages. BAC readings are used in court as evidence in drunk-driving cases. The most common method of measure is a breath test, although blood and/or urine testing is sometimes done. A result of .08 or higher may establish a presumption of intoxication. The details of the .08 BAC presumption laws vary among the states, but all 50 states have adopted .08 as their official intoxication level, in large part because of a federal threat of otherwise withholding highway funds.

Q: Can I refuse a Breathalyzer® test?

A: Every state has its own version of an implied consent law providing that a driver impliedly consents to alcohol testing just by the act of driving. In many states, a refusal to take a breath test is itself a criminal violation subject to stiff penalties. For example, refusing a breath test might result in automatic drivers-license suspension or revocation. If you are ultimately found guilty of a drunk-driving offense, there may be additional penalties because of the test refusal, such as a stiffer sentence. Your test refusal may also be used as evidence against you in a drunk-driving case.

Q: Are breath-test results always accurate?

A: Some courts allow the defendant in a drunk-driving case to challenge the scientific accuracy of breath tests in general, whereas others may allow challenges based on the particular circumstances of a test, such as improperly calibrated equipment or inadequately trained officers. If the test results are inadmissible or can be challenged, the case will probably have to be proven based on other evidence, such as eyewitness testimony and field-sobriety test results.

Q: What if I lose my license but continue to drive?

A: If a person whose license has been revoked or suspended due to drunk driving chooses to drive without a valid license and is pulled over, he or she stands to suffer more serious consequences, including possible fines, imprisonment, forfeiture of his or her vehicle or extension of the license revocation/suspension. The more prudent course of action is to rely on friends and family for rides or use public transportation during a license revocation or suspension.

Q: How can I get automobile insurance after a drunk-driving conviction?

A: Although your rates will likely be higher, your insurer may continue to insure you even after a conviction. A subsequent clean-driving record may result in lower rates in the future. If your insurer drops you as a result of the conviction, another insurance company may be willing to accept the risk. In fact, some companies specialize in offering nonstandard insurance to drivers who have been convicted of drunk driving, but the rates are much higher. Another possible source of insurance for high-risk drivers may be state insurance programs created for just these types of drivers.

Q: What is the punishment for drunk driving?

A: Drunk-driving convictions carry serious penalties that vary some among the states. Although courts may go easier on first-time offenders, even in first-offense cases the possible sentences usually include stiff fines and jail time. If the circumstances warrant it, however, the court may choose less-restrictive options or a combination of options, including probation, diversion programs, community service, alcohol awareness education, abuse counseling, ignition interlock systems, home monitoring, suspension of vehicle registration, vehicle impoundment or in-house alcohol treatment. For subsequent offenses, the likelihood of imprisonment and the steepness of fines usually increase and in all cases the loss of driving privileges-at least temporarily-is almost guaranteed.

Q: How can I get to work if I cannot drive?

A: Many drunk-driving offenders are forced to rely on public transportation or rides from friends, family or co-workers for transportation to and from work during periods of license suspension or revocation. In some states, an offender may be granted a hardship license, sometimes called a limited license or probationary license, allowing him or her to drive just to and from work, school or medical appointments. Some states require an alcohol evaluation as part of the limited license application. If an offender with a hardship license is caught driving outside of its strict limitations, further penalties may be imposed.

Q: What is the best way to beat a drunk-driving charge?

A: The best way to avoid being convicted of drunk driving is to not drink and drive. Use a designated driver, call a taxi, call a friend or don’t drink alcohol if you are going to need to drive within a few hours. For some people, even one drink can impair their driving abilities. However, if you have been charged with driving under the influence, an experienced drunk-driving defense lawyer can work to improve the outcome of your case.

Q: If I simply intend to plead guilty, why do I need a lawyer?

A: Even if you did unsafely drink and drive, experienced legal counsel may be able to help minimize your legal problems and maximize your opportunities to move ahead toward a brighter future. A criminal defense attorney helps to equalize the balance of power between the defendant and the prosecution and works to preserve the constitutional rights that are guaranteed to all criminal defendants.

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The Impact of a Drunk-Driving Conviction on Your Auto Insurance

Posted by Jim Arnold on October 5, 2009 · Leave a Comment

An alcohol-related car accident and subsequent drunk-driving conviction can bring many negative consequences into your life, possibly including jail or prison time, a criminal record, car repair or replacement, restitution, guilt and grief over harm to others, higher insurance premiums, a civil lawsuit, fines, court and administrative fees, community service, alcohol education, substance-abuse treatment, social stigma, restrictions on or revocation of your drivers license, attorneys fees, restrictive probation and others. If you are arrested for or charged with drunk driving, a lawyer can advise you about your legal rights and help you fight the charges.

After the nightmare of a drunk-driving trial, conviction and sentence, your driving privileges may still be intact or may be restored. However, the question of automobile insurance becomes more complex and more expensive after a drunk-driving conviction appears on your record.

Your Present Insurer
Your current automobile insurer can be expected to respond to your drunk-driving mishap. Exactly what your insurance company legally can do varies from state to state and depends on the insurance law of your state, but your insurance company may cancel or decline to renew your policy, restrict coverage provisions or, at a minimum, increase your premiums. Although the amount of increase can vary greatly, your premiums could go up as much as 100 percent or more. How your insurer reacts to your drunk driving may be worse if you have other strikes against you, such as previous drunk-driving convictions, traffic tickets, at-fault accidents, late or unpaid insurance premiums or other negative history with the insurer.

Private Insurance for High-Risk Drivers
If your insurance is cancelled or raised to a prohibitively high price, you can seek coverage from an insurer that specializes in insuring high-risk drivers or from the high-risk division of a large insurance company. This type of auto policy, called a nonstandard policy, is especially geared toward the high-risk market of drivers, such as those with drunk-driving histories or other seriously negative driving records, or those living in neighborhoods with higher rates of vandalism. Unfortunately, a nonstandard policy can be expected to have relatively high premiums.

State-Created High-Risk Insurance Mechanisms
State governments have set up various systems for covering high-risk drivers uninsurable in the voluntary insurance market, passing on the costs of such systems to insurance companies. A very common state-created mechanism is the assigned-risk pool, also known as a residual-insurance pool, where auto insurers are assigned a number of otherwise uninsurable drivers in proportion to the insurance companies’ presence in the state insurance market. Other publicly sustained insurance systems include joint underwriting associations and reinsurance facilities, among others. Considered the automobile insurance option of last resort, premiums for these state-created insurance programs tend to be markedly higher than for privately procured insurance.

Other Issues

Other significant issues include:

Your drunk-driving record can also impact your premiums for or coverage by other types of insurance policies, such as life or medical insurance.
After your drunk-driving conviction, you will be considered a high-risk driver. Most states require such drivers to obtain from their insurance companies for filing with the state SR-22 forms, which certify that high-risk drivers are insured.
These insurance issues are highly regulated by each state and can vary in how they are handled, so it is important to know the law in your state and what variations to these issues that law may bring.
If because of your drunk-driving conviction you are paying expensive premiums, there may be other ways to lessen the price, such as driving an older car and/or a non-sports car, moving to a safer neighborhood, maintaining a clean driving record, taking a safe-driving class, adding safety equipment to your car, paying all bills on time to boost your credit rating, staying current on your insurance premiums or moving closer to your workplace to shorten the commute.
Not all states require auto insurance as a condition of driving, but those that do not require insurance have financial responsibility laws that assign liability to at-fault drivers in accidents for resulting medical expenses or property damage. Auto insurance is still highly recommended to cover this legal responsibility.

Conclusion
A drunk-driving conviction can wreak havoc on your automobile insurance coverage. If you are feeling the negative effects of a drunk-driving conviction, an attorney can help you to sort out the issues and investigate solutions.

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Reliability of Breath-Test Results in a Drunk-Driving Case

Posted by Jim Arnold on October 5, 2009 · Leave a Comment

In every state in the US, a driver with a blood-alcohol concentration (BAC) of .08 or higher is presumed to be legally intoxicated for drunk-driving purposes. Each state has also enacted an implied-consent law. Implied-consent laws provide that every licensed driver within the state is considered to have given his or her consent to chemical testing to determine his or her BAC whenever a law enforcement officer has reasonable suspicion of intoxication. In most states, refusal to submit to such a test results in license suspension or revocation.

While a blood test is arguably more reliable, the breath test for BAC is more commonly used in the field because the testing equipment is convenient to transport and because the test is easier to administer, can be used by non-medical personnel, is less physically intrusive to the person taking the test and produces results faster. However, under certain circumstances, breath tests can be less than reliable as an accurate measure of BAC.

It is in the best interest of a drunk-driving defendant to retain an attorney who is thoroughly familiar with possible breath-test weaknesses.

History and Science of the Breath Test
The Breathalyzer® was invented in 1954 to collect evidence of intoxication by measuring BAC through breath analysis. Since that time, several manufacturers have entered into the breath-analyzer market and the science behind the machine has evolved. The word “breathalyzer” is now widely used to refer to these apparatus regardless of manufacturer. Other terms used to refer to these devices include evidential breath tester (EBT), breath analyzer, breath-analysis product, breath-alcohol analyzer and breath-testing device or machine. In addition to Breathalyzer, common brands include Intoxilyzer® and Intoximeter®.

In very basic terms, the breath-test machine is designed to measure the amount of alcohol in a deep-lung breath sample and to use that amount to determine BAC. The four main scientific methods used in the various machines are chemical analysis, infrared spectrophotometry, gas chromatography and fuel-cell detection.

Breath-Test Vulnerabilities
A drunk-driving defendant, usually through an experienced attorney and often with the help of a scientific expert, may be able to challenge the breath-test results in his or her case. Several different factors may call into question the reliability of the results. Depending on the law of the state in which the drunk-driving charges were filed, evidence of a problem with the test result could make the BAC reading inadmissible in court or, if the BAC is still admissible, could cast serious doubt on whether the reading is reliable.

Arguments a drunk-driving defense attorney may make to undermine the breath-test results:

The breath tests’ assumption of a 2100-to-1 blood-to-breath ratio may not be scientifically reliable.
The test was not administered correctly; for example, the administrator did not warm up the machine to the correct operating temperature or ensure an adequately deep lung sample.
The test administrator was not properly trained or qualified.
The equipment was not maintained properly, calibrated correctly or cleaned adequately.
The result was affected by some characteristic of the driver, such as age; lung function; overall strength and size; a disease or condition such as asthma, diabetes, eardrum rupture, ketosis, emphysema, bronchitis, dental issues, fever or harelip; shock or trauma; certain types of special diets; or hiccupping, burping, vomiting or hyperventilating. Even severe heartburn could have made the breath results unreliable.
The test administrator did not continuously observe the driver for an adequate period before the test to prevent him or her from putting anything into his or her mouth that could affect the result. For example, a product used in the driver’s mouth, such as mouthwash or adhesive, or lip ointment could have affected the test result.
Police radio operation generated electromagnetic waves, causing radio frequency interference (RFI) with the testing equipment.
The driver was exposed to a gas or vapor before the test that made it unreliable, such as during painting, floor sanding, varnishing or other activity with chemical exposure. Similarly, an outside environmental cause in the surrounding air could have caused a high breath test result.

This long list of potential problems with breath test results is not close to complete. If a person charged with drunk driving is able to show that something affected the reliability of his or her test results, the state will need to rely more on other types of evidence to prove intoxication. Other types of evidence on which the state may need to rely include witness, officer and driver statements; witness and police observations; or field-sobriety test results.

Conclusion
If your situation involves a breath test to measure BAC, an experienced attorney who is thoroughly familiar with proper testing procedure and the science behind the test may be able to provide valuable assistance.

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The Prosecutor's Role in a Drunk-Driving Case

Posted by Jim Arnold on October 5, 2009 · Leave a Comment

Prosecution refers to the government’s role in the criminal-justice system. When criminal activity is suspected, it is up to the government to investigate, arrest, charge and bring the alleged offender to trial. A prosecutor is a lawyer who works for the government and who is responsible for developing and presenting the government’s case against a criminal defendant. Prosecutors may be called county attorneys, city attorneys, district attorneys or states’ attorneys. Some jurisdictions may even have experienced police officers act as prosecutors in drunk-driving cases. The prosecutor is the opponent or “adversary” of the criminal defendant and his or her attorney; the two sides go head-to-head against each other in court.

Because these public attorneys focus their energies on prosecuting criminal cases, they are generally very experienced. Therefore it is extremely important for a drunk-driving defendant to consult an attorney who has experience defending people charged with drunk driving. If you are concerned about preserving your rights as a defendant and want to strike a fair balance in court, you should strongly consider a skilled criminal-defense attorney, particularly one knowledgeable in drunk-driving law.

Prosecutors Decide Whether to Pursue Drunk-Driving Cases in Court
A prosecutor usually becomes involved in a drunk-driving case through a referral from the police who have investigated, arrested, searched and processed an alleged offender. In making the decision whether to go forward with a case, the prosecutor usually considers three things: whether the case is legally sound, whether it can be proved and the relevant policy considerations. If the prosecutor exercises his or her prosecutorial discretion by deciding not to go forward with a case, it will usually be over.

The prosecutor must be assured that there is enough reliable evidence to prove the drunk-driving charge before he or she will bring the case to trial. For example, if the Breathalyzer® machine malfunctioned or the test results were lost, the prosecutor may decide to dismiss the case because crucial evidence would be missing or substantially weakened.

Policy considerations are always part of the decision to prosecute a particular defendant, because the prosecutor’s job is to serve justice in the public interest, not only to win every possible case. The defendant might have mental or physical problems that make a pretrial diversion program, like alcohol or drug treatment or a suspended prosecution, a better option than trial. Finally, a prosecutor must consider the limited resources of his or her office when choosing which crimes to pursue.

Prosecutors Represent the Government-the City, County or State-in Drunk-Driving Cases
The filing of a complaint or other official document by the prosecutor officially starts the drunk-driving court case. The prosecutor appears at the defendant’s initial hearing before a judge to represent the government with regard to pretrial release issues like bail. If the prosecutor has no objection to the defendant’s release before trial, bail is usually allowed. At trial, the prosecutor is allowed to go first and presents the government’s case against the defendant. The government must prove each element of the drunk-driving charge beyond a reasonable doubt, based on relevant, credible evidence elicited through the testimony of competent witnesses. In drunk-driving cases, the arresting officer is generally one of the key witnesses for the prosecution. The prosecutor also participates in requesting or objecting to jury instructions given by the judge at the end of the trial, although jury trials are not available in all drunk-driving cases. The prosecutor may also be called on to defend the government’s sentencing recommendation, if there is a dispute over the appropriate sentence to be imposed.

Conclusion
Prosecutors have a lot of power and influence in drunk-driving cases. They take the case from the police and decide whether to pursue it in court; they represent the government in court and pursue a conviction; and they may recommend a particular sentence, if the defendant is found guilty. Prosecuting criminal cases is what these government lawyers do day-in and day-out. Accordingly, if you have been charged with drunk driving, it is very important that your lawyer is smart, tough and experienced. Call a knowledgeable drunk-driving defense attorney now.

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The Use of Ignition Interlock Devices in Drunk-Driving Cases

Posted by Jim Arnold on October 5, 2009 · Leave a Comment

Most states have regulations that allow or mandate that judges order the installation of interlock devices as a penalty during sentencing in drunk-driving cases. An ignition interlock device is installed in a car that measures the blood alcohol content of the driver, who must blow into the device before starting the car. If the blood alcohol content (BAC) is above a certain level, the car will not start. Because the laws regarding the use of ignition interlock devices in drunk-driving cases vary from state to state, it is important to speak to an experienced DUI defense attorney in your state.

What is an Ignition Interlock Device?
An ignition interlock device is a small device (about the size of a cell phone) that is installed in a car that measures a person’s BAC level. If a person blows into the device and it registers a BAC level that is above a certain amount, the car will not start. The driver must also give breath samples during the drive. This prevents an intoxicated person from having a sober friend blow into it in order to start the car so he or she can drive away. Ignition interlock devices use fuel-cell sensor technology to detect alcohol. Devices can record data such as the test results for alcohol levels, engine stops and starts and any attempts to tamper with the device.

Overview of Ignition Interlock Laws
Most states have laws regarding the use of ignition lock devices as a penalty in DUI (driving under the influence), DWI (driving while intoxicated) or drunk-driving cases. Of the states that have such laws, the majority of them give judges discretion to order the installation of interlock devices as a penalty for the first conviction. This means that the judge is not required to order that one be installed if a person is convicted of drunk driving, but may do so. Generally, the state will have laws that set forth how long the device must be used if the judge does order one be installed.

A few states make installation of an ignition interlock device mandatory upon conviction for certain types of DUI or drunk-driving offenses or under certain circumstances, such as:

Repeat convictions (second or third offenses)
High BAC levels
BAC of over .15
BAC of over .08
DUI with a minor (under 16 years old) in the car
After reinstatement of a driver’s license

Potential Problems with Ignition Interlock Devices
The use of ignition interlock devices should curtail drunk driving and prevent individuals from driving when they are intoxicated. In addition, using them can help people who have been convicted of drunk driving show the court and prosecutors that they have stayed sober. However, there may be some potential problems with the use of such devices:

False positives: The devices may detect alcohol if a driver has recently used mouthwash that contains alcohol or if a person has eaten certain baked goods containing sugar and yeast, which have been known to cause low alcohol levels.
Malfunctions: The devices use complex fuel-cell technology, and there is a possibility that the device could malfunction resulting in incorrect readings.
Shared vehicles: If the person who is required to use the ignition interlock device shares a car with a spouse or another person, that other person will need to use it as well.

In addition, generally, the offender must pay for the device. The cost usually includes an installation fee (about $100) and a monthly rental fee (about $75). The offender may have to use the device for three months, six months or longer depending on the state, the applicable law and the terms of the offender’s sentence.

Conclusion
More states now have laws covering the use of ignition interlock devices in drunk-driving cases. However, these laws vary greatly in terms of the circumstances in which ignition interlock devices are used, how long they must be used and the people who are required to use them. If you have questions about the use of these devices, contact an experienced DUI/DWI attorney in your state.

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Overview of Drunk Driving

Posted by Jim Arnold on October 5, 2009 · Leave a Comment

Each US state has its own set of drunk-driving laws, and in some states drunk driving is a crime, while in others, like New Jersey, it is classified as a traffic offense. While drunk-driving laws do differ among the states, there are certain concepts and features common to most states’ drunk-driving jurisprudence. Basically, as we all know, operating a motor vehicle after consuming alcohol and/or drugs to a degree that impairs a person’s judgment and ability to drive safely is a serious offense. Both criminal and civil penalties for drunk driving can be harsh and often include:

Loss or suspension of license
Large fines
Substance-abuse treatment
Jail or prison time
Community service
Restitution
Criminal record
Restrictive probationary license programs, including ignition interlock devices and Cinderella licenses

In addition, the social stigma and effect on your career may have lifelong negative consequences.

If you have been stopped for, arrested for or charged with drunk driving, it is in your best interest to discuss your options and rights as soon as possible with an attorney who has experience handling drunk-driving cases. Drunk-driving law is complex and the guidance of a skilled and knowledgeable lawyer can make a significant difference in a defendant’s experience and in the outcome of his or her case.

Terminology and Elements of Drunk Driving
The offense of drunk driving goes by a variety of names among the states, including:

Driving under the influence (DUI)
Driving while intoxicated (DWI)
Operating under the influence (OUI)
Operating while intoxicated (OWI)
Driving under the influence of intoxicants (DUII)
Driving while under the influence (DWUI)

In the language of the various state statutes, a drunk-driving conviction requires driving or operating a vehicle or motor vehicle. While that sounds straightforward, a review of drunk-driving cases shows otherwise.

Driving Requirement
The requirement of driving or operating implies that the driver must have some sort of control or command of the vehicle. Guilt or innocence may hang on whether the defendant was actually “driving” in a particular circumstance. What if he or she was just sitting behind the wheel of a car but it was off? What if the defendant was sleeping there? What if the keys were in the defendant’s pocket and not in the ignition? What if that car was out of gas and could not be started? What if it was idling? What if it was being towed? Courts nationwide have considered various scenarios to determine whether the necessary control over the vehicle was present and the outcomes vary by state and by the individual circumstances.

Vehicle Requirement
Cars, trucks and vans are obviously considered to be vehicles for drunk-driving law purposes. However, people have been convicted of drunk driving while operating motorboats, mopeds, dirt bikes, snowmobiles, electric wheelchairs, golf carts, bicycles and ATVs, although the types of vehicles contemplated differ by state.

Intoxication
One way prosecutors prove driver intoxication is through scientific testing of the amount of alcohol in the body, usually by analyzing the breath or blood. These tests are usually administered by machines, such as the Breathalyzer®. In every state, a person with a blood-alcohol concentration (BAC) over .08 is considered legally intoxicated.

Implied-consent laws create the legal presumption that if a person takes advantage of the privilege of driving, he or she automatically consents to state-administered chemical testing to determine his or her BAC. If a driver refuses to take a chemical-alcohol test, his or her driver’s license may be revoked or suspended.

BAC test results over the legal limit are usually presumed to be proof of intoxication. However, defendants may challenge the conclusiveness of the results by showing irregularities in the test administration procedure or problems with the test equipment. For example, your lawyer may advise retesting of your breath sample tubes. He or she may be able to obtain exclusion of the original breath test results from the case or even dismissal of the case entirely.

Other types of evidence used by prosecuting attorneys to show intoxication include drivers’ statements, witness and police observations of behavior and driving patterns and circumstantial evidence. An example of possibly relevant circumstantial evidence is that a defendant, before driving, spent the afternoon at a party where drinking games were played.

Police also gather important evidence of intoxication by administering standard field sobriety tests (FSTs) at the scenes of traffic stops. Common field sobriety tests include:

Finger-to-nose test
One-legged stand
Walk-and-turn test
Horizontal-gaze-nystagmus test
Picking up coins
Counting backwards
Reciting the alphabet
Throwing and/or catching a ball

Conclusion
Driving is the basis of the American lifestyle, permeating every activity we do. We rely on driving to get to work, to socialize, to run errands and to vacation. Licensed drivers transport children, people with disabilities and senior citizens to important appointments and activities. A drunk-driving conviction can bring a screeching halt to your life. If you face a potential problem with drunk driving, a lawyer can fight for you and help protect your interests and those of your family and loved ones.

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DUI Defense Strategies

Posted by Jim Arnold on September 29, 2009 · Leave a Comment

What Can a DUI Defense Attorney Do For Me?

If you have been arrested for drunk driving, you might be wondering if you should bother fighting the charges. You might be wondering if hiring a DUI defense attorney will help. You might be trying to decide which attorney you should call for your DUI defense. Any failure to take the appropriate legal actions now can have a lasting impact for years to come.

If you are facing drunk driving charges, we strongly recommend that you contact our firm to speak directly with a knowledgeable attorney about your case.

The DUI defense lawyers at the Law Office of James S. Arnold have been successfully defending clients charged with drunk driving in Warren County, and throughout Ohio for over 15 years. We know the system and will provide you with an honest assessment of your chances for dismissal, reduced charges, acquittal or other favorable outcomes.

In Ohio, the criminal penalties for drunk driving are strict and even stricter for repeat DUI offenses. You may be facing mandatory jail or prison time, large fines and driver’s license suspension.

When you are facing such serious consequences, it is important to work with an attorney who knows how to negotiate with the prosecutor and when to take your DUI case to trial if necessary. Attorney James S. Arnold knows how to do both — and knows how to protect his clients’ rights and best interests.

Our firm works hard to help you eliminate or minimize the consequences of your DUI charges by:

Investigating all of the facts surrounding your arrest, including the reasons for the stop
Moving to suppress evidence which was obtained illegally or in violation of your constitutional rights
Challenging any field sobriety tests that were performed, and moving to exclude the results of any sobriety tests that were not administered in compliance with the National Highway Traffic Safety Administration (NHTSA) guidelines
Challenging breath test results by reviewing the operation, maintenance and calibration of the machine, including the Intoxilyzer 5000, the Breathalyzer and all other breath test machines
Seeking dismissal or reduction of DUI charges, alternative sentencing, reduced sentencing or any other viable sentencing option
Helping clients obtain restricted driver’s licenses following the expiration of the driver’s license suspension

Our law firm has successfully defended many clients charged with drunk driving in Lebanon, Warren County, and throughout Ohio. In one DUI case in Warren County, our firm was able to negotiate an OVI down to a lesser charge. In other situations, we were able to get evidence suppressed, charges reduced and cases dismissed.

If you’re facing DWI charges, or any other alcohol-related driving offense, contact us. We will work hard to protect your rights and your freedom.

Our DUI/DWI/OVI lawyers conveniently serve clients throughout Warren County, including Lebanon, Carlisle, Franklin, Mason, Springboro, Pleasant Plain, and Harveysburg.

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DWI/DUI Information Center

Posted by Jim Arnold on September 28, 2009 · Leave a Comment

Defending individuals charged with DUI / OVI throughout Ohio & Kentucky.

A drunk driving (DUI / OVI) conviction carries serious criminal and civil penalties in Ohio and Kentucky. DUI is not a minor traffic ticket. DUI / OVI is a serious criminal offense. You need a serious criminal defense attorney with DUI / OVI defense experience to represent you. Penalties for DUI conviction can include a large fine, lengthy probation, mandatory alcohol treatment, driver’s license suspension, and jail time not to mention the cost of insurance over several years. Because we are experienced DUI / OVI defense lawyers, we know how to thoroughly investigate your case for possible avenues of legal challenge, such as the reason the police stopped your car and the accuracy of field sobriety and Breathalyzer tests. Police and prosecutors take DUI serious, and so do we. You do not have to face a DUI / OVI charge alone. The government will be represented, so should you. We can help.

Click here to view our “Know Your Limit” breath chart.

This section is designed to provide you with general information about DUI / OVI . Laws vary from state to state. Contact us to discuss your particular situation with an experienced DUI / OVI defense attorney.

We conveniently serve clients in Loveland, Cincinnati, Batavia, Hamilton, Fairfield, Mason, and Clermont, Warren, Hamilton, and Butler Counties in Ohio, as well as clients in Campbell and Kenton Counties in Kentucky.

Overview of Drunk Driving

Loss or suspension of license
Large fines
Substance-abuse treatment
Jail or prison time
Community service
Restitution
Criminal record
Restrictive probationary license programs, including ignition interlock devices and Cinderella licenses

In addition, the social stigma and effect on your career may have lifelong negative consequences.

The Use of Ignition Interlock Devices in Drunk-Driving Cases

The Prosecutor’s Role in a Drunk-Driving Case

Reliability of Breath-Test Results in a Drunk-Driving Case
In every state in the US, a driver with a blood-alcohol concentration (BAC) of .08 or higher is presumed to be legally intoxicated for drunk-driving purposes. Each state has also enacted an implied-consent law. Implied-consent laws provide that every licensed driver within the state is considered to have given his or her consent to chemical testing to determine his or her BAC whenever a law enforcement officer has reasonable suspicion of intoxication. In most states, refusal to submit to such a test results in license suspension or revocation.

The Impact of a Drunk-Driving Conviction on Your Auto Insurance

Drunk Driving/DUI Resource Links
About.com: Alcoholism and Substance Abuse
Links to articles and resources about drunk driving.

Insurance Institute for Highway Safety
Link to informational chart about the drunk-driving laws of all 50 states plus the District of Columbia.

Center for Disease Control (CDC) – Impaired Driving
Facts, data, publications and other helpful information involving impaired drivers.

The Century Council
A not-for-profit organization dedicated to fighting drunk driving and underage drinking.

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