DISPELLING THE MYTHS ABOUT OHIO DUI LAWS

Myth No. 1 - You must be drunk to be guilty of DUI / OVI.
The term "drunk" has no legal meaning under Ohio's law. The prosecutor need only prove that your consumption of alcohol and/or drugs appreciably impaired your ability to operate your vehicle.

Myth No. 2 - You can make it harder for the State to convict you of DUI/OVI by refusing to take a breath or other chemical test.
This may be correct, but there are some potential adverse consequences. Your right to drive in Ohio subjects you to the "implied consent law". This law states that every person given the right to drive in Ohio agrees to submit to a breath, blood or urine test if a police officer, with probable cause to support the same, places a person under arrest for DUI/OVI. There are significant penalties for refusing to take these tests. There may be legitimate reasons for not taking a test, but you should be aware of the ramifications and consequences of your failure to take a test under such circumstances and compare those with the possible adverse outcome of the test. When in doubt, ask to consult with an attorney.

Myth No. 3 - The police can demand that you take field sobriety tests and if you refuse there are adverse consequences.
Unlike your refusal to submit to a breath or other chemical test to determine the level of alcohol in your system, the law does not impose any penalties for refusing to take field sobriety tests. In many cases, it is best to refuse to take these tests.

Myth No. 4 - You must be driving a car to be found guilty of DUI / OVI.
A "vehicle" is defined as any mode of transportation subject to movement. Convictions have been granted for driving a boat, snowmobile, and even a bicycle.

In addition, you do not have to be actually driving a vehicle to commit the offense. The Statute prohibits "operation" of a vehicle while under the influence. Operation includes conduct beyond driving.

Myth No. 5 - DUI / OVI is merely a traffic violation and you do not need an attorney.
A conviction of DUI / OVI can have devastating effects in addition to the penalties imposed by the Court. (See DUI penalties). Conviction can affect your insurance, your employment and your credit. It can also result in the impoundment or forfeiture of your vehicle. DUI/OVI is NOT a simple traffic offense. The advice of experienced counsel should always be sought.

If you or a loved one has been charged with Operating a Vehicle Under the Influence or any criminal offense, you need an experienced, aggressive and trustworthy attorney.

"Call me. I am here to help."

John Heilbrun is one of Cincinnati's most experienced criminal defense attorneys with over 30 years of experience. He is a member of the Ohio and Greater Cincinnati Criminal Defense Lawyers Associations and was the former Chairman of the Criminal Law section of the Ohio Academy of Trial Lawyers.

Fees
Minimum fees and retainer payments are also charged for DUI and Criminal cases. The total amount of the fee depends upon the offense(s) with which the client is charged and the manner in which the case is resolved. That decision is made by the client following my investigation of the facts and the law and a discussion with the client outlining the alternative ways in which the case can be resolved, the fee that will be charged for proceeding in accordance with each available alternative, and my advice to the client.