If you wake up in jail after a DUI in Cincinnati, the decisions that you make next can have a drastic effect on the outcome of your case. Even if you are released soon after being charged, operating a vehicle while intoxicated, or OVI as it is called in Ohio, is serious. But this doesn’t mean that you should resign yourself to the penalties.
At Luftman, Heck & Associates, our Cincinnati criminal defense attorneys are ready to fight for your rights. Mistakes and violations happen frequently in DUI cases, and this could result in a dismissal or a drastic reduction. For this reason, it is essential that you consult an OVI lawyer before pleading guilty.
To learn more about what to do after a DUI in Cincinnati, call (513) 338-1890 for a free consultation.
Don’t Panic If You’ve Been Arrested for DUI
Whether you wake up in jail cell not remembering how you got there, or the police arrest you, impound your car, and book you in jail for the night, it’s natural for you to feel overwhelmed. To the extent possible, you need to calm yourself down.
Once you are arrested and in custody of an OVI, no amount of talking or arguing can improve your situation. In fact, making any statements to the police will only make matters worse.
Call a Lawyer as Soon as Possible
There’s a reason why the Constitution guarantees the right to counsel to every criminal suspect: it’s the single best way to achieve a good outcome. By failing to exercise your right, you are giving up on your best chance of beating your charges.
Requesting the assistance of a lawyer also has the benefit of ensuring that the police will stop questioning you. OVI law is complex and involves specific defenses, so your best bet is to find an attorney with significant experience in this area of the law.
Post Bail to Get Out of Jail
The officer who arrests you has discretion to release you or to book you in jail. Their decision will depend on the circumstances of your arrest and your criminal history.
If you get booked in jail, you can generally post bail immediately and regain your freedom. But if you can’t afford the bail amount, you will need to borrow money from friends or family, or obtain a bond from a bail bondsman.
Unless your case involves aggravating circumstances, regaining your freedom while you await your trial for a first OVI is a straightforward and relatively inexpensive process.
Challenge the Administrative Suspension of Your License
After your arrest, the police will have you blow into a breathalyzer machine, or take you to a medical facility to obtain a blood or urine sample. These tests will be used to establish your blood alcohol content, or BAC.
If you refuse this test, or if your recorded BAC exceeds the legal limit of .08, your license will automatically get suspended. This administrative license suspension (ALS) is separate from the license suspension period that the judge may sentence you to after your conviction.
If you want to keep driving while you await trial, you will need to apply for a temporary driving license or request an administrative hearing to challenge the temporary license suspension. To obtain temporary driving privileges, you may need to install an ignition interlock device on your car, or place so-called DUI plates on your car.
To succeed at the ALS hearing and regain your driving privileges, your lawyer will need to demonstrate that there was no reasonable basis for your OWI charges.
Take Control of Your DUI Case Today
Success in the administrative and criminal proceedings following an Ohio OVI requires fast and decisive action. You cannot assume that the system will work in your favor and that you will be able to retain your driving privileges and avoid jail time. The best outcome can only be obtained by fighting at every stage of the process.
If you or a loved one has been arrested for OVI, call Luftman, Heck & Associates today at (513) 338-1890 for your free case consultation.