OVI Common Questions
Ask Our Cleveland DWI Defense Attorneys
Being arrested for DUI can be a confusing and anxious time and you may have many questions regarding what lies ahead and what to do next. Speaking with a knowledgeable Cleveland criminal defense lawyer should be your first step, but we have provided the following common questions when it comes to getting a DWI. The list is far from exhaustive which is why you should call on the professionals at Henderson, Mokhtari & Weatherly. for further counsel.
Can I get my DUI reduced to a Reckless Operation charge?
This depends on a few factors: the prosecutor’s attitude towards DUI charges, the judge’s attitude, and the details of your case such as if your blood alcohol was especially high or you caused an accident. There is no guarantee you will be able to pursue a reduced charge, but it shows the importance of having strong legal representation during your defense who can push for a reduction in your charges.
What is “implied consent”?
In Ohio, anyone operating a motor vehicle implicitly consents to a chemical test of their blood alcohol level by way of a breath, blood, or urine test if you are arrested. Even if you are unconscious or otherwise incapable of refusing you are also deemed to have consented.
How does a breath test work?
The alcohol in your breath can be measured to ascertain the blood alcohol level. Individuals blow into the test machine and infrared energy is transmitted through the breath sample. The alcohol molecules absorb the infrared energy and the machine measures how much energy has been absorbed. This allows the machine to calculate the concentration of alcohol in the breath sample.
What can a defense attorney do with breath test results?
An attorney can uncover what type of breath device was used in your stop, how the test was administered, and check the maintenance records for the breath test machine used. If police do not maintain, repair, and use the devices properly, the results of the breath test can be challenged and deemed inadmissible in court.
Are there rules officers need to follow at sobriety checkpoints?
The NHTSA publishes recommendations regarding sobriety checkpoint procedures. Guidelines include the location of the sobriety checkpoint, the operation and procedure used, and the publicity of the checkpoint. Detentions made at checkpoints need to be based on reasonable suspicion of criminal activity.
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