Criminal Defense Lawyer, Cincinnati OH

First-Time DUI Guide

Getting charged with a DUI for the first time is an intimidating experience. Knowing what to expect can help you manage the process more easily.

That’s why we’ve created this First Time DUI guide. It will walk you through the process involved in facing DUI penalties, from the initial roadside stop right up to conviction and sentencing. In Ohio, a drunk driving offense is officially referred to as Operating a Vehicle Impaired (OVI), but you may be more familiar with Driving Under the Influence (DUI). The terms can be used interchangeably.

The experienced, aggressive DUI attorneys at The Farrish Law Firm, L.P.A. are here to fight for your rights. A DUI charge is not the same thing as a conviction; by working with us, you give yourself a fighting chance of emerging from this difficult situation with a positive result.

What Should I Do If I’m Pulled Over?

The steps you take during a DUI stop can have a huge impact on how your case will unfold.

Step 1: Remain Calm

We know this is easier said than done. Being pulled over is scary, especially if it is your first time. Take a deep breath, pull over to the side of the road, and wait for the police officer to come to your car.

When dealing with the officer, it is crucial to be polite. If you antagonize them, things are much more likely to go badly for you; there is no situation in which being unpleasant to the officer will benefit you. You can be firm in your responses, but always be respectful.

Step 2: Call Your Lawyer

Not everyone realizes this, but you can call your Cincinnati DUI lawyer as soon as you are pulled over. You don’t have to wait until you fail a sobriety test or are detained.

If you call Kelly Farrish at this point of the process, he will ask you a few questions:

  • Have you been drinking?
  • If so, how much?
  • When was your last drink?
  • Do you have any previous charges?

It is critical that you answer these questions honestly (although you should be out of earshot of the officer while doing so). Your lawyer will need accurate information in order to properly instruct you on the next steps to take.

Step 4: Dealing With Roadside Sobriety Tests

If you have been drinking, do not take the breathalyzer test until you’ve spoken with a lawyer. Unlike many other states, Ohio does not penalize drivers for refusing roadside breath tests, so there’s no reason to take a breathalyzer that you know you’ll fail.

If you’ve had only one drink, your attorney may advise you to cooperate with the officers and take the tests (particularly if it’s been some time since you finished the drink). It is likely your BAC will not register above the legal limit.

However, be aware that breathalyzers are not fully reliable. They do sometimes malfunction and show inaccurate results; for example, there are reports of entirely sober drivers failing breathalyzer tests after using certain types of mouthwash. Regardless of these flaws, breathalyzer results hold up in court.

Field sobriety tests are much riskier for sober people than breathalyzers are. Though they’re designed to highlight intoxication, they can be difficult to complete even when you’re sober. Even if you’re not intoxicated, you can still make a costly mistake that could lead to an arrest.

What Will Happen at the Police Station?

Per the Fifth Amendment, you have the right to remain silent when being questioned by police. More often than not, you should exercise this right.

Be polite and answer questions about your personal details (your name, address, Social Security number, and so on), but do not incriminate yourself. Assert your right to an attorney and do not answer any questions until you are with one.

You will likely be asked to take a chemical BAC test. The rules at this point are not the same as those that apply to roadside breathalyzer tests; you may face harsher penalties if you do not submit to chemical testing.

Will You Go to Jail?

Legally, you will be required to either spend three days in jail or undergo an intervention program after an OVI arrest. In practice, though, most people in this position do the intervention program. It’s therefore unlikely you’ll have to go to jail directly following your arrest.

It’s important to note that neither jail time nor an intervention program at this stage form part of a criminal sentence. It’s a method the authorities use to evaluate your case and decide what approach to treatment might be most suitable in your case.

Some of our clients have told us that officers threatened to take them to jail unless they blew into the breathalyzer. You should not respond to this kind of threat. Remember, the consequences of blowing into a breathalyzer could be a lot worse than spending a few hours behind bars.

Potential Consequences of a DUI Conviction

A first-time DUI is considered a first-degree misdemeanor in Ohio. Upon getting convicted of a DUI offense for the first time, you can expect penalties like:

  • License suspension: This can range from six months to three years. The court may allow you to retain limited driving privileges if you need a car to get to work or school.
  • Incarceration: Courts can impose a jail sentence of up to six months for a first-time DUI.
  • Fines: There is a mandatory fine of $375 to $1,075 for first-time offenders.

Some other potential consequences include:

  • Drug and alcohol addiction treatment
  • Vehicle impounding
  • Mandatory ignition interlock device (IID) installation.

If you’re applying to or attending college, your school may take additional action. Some universities require extra alcohol treatment and/or alcohol safety classes for students convicted of drunk driving. Some suspend or expel students; it all depends on the school in question.

Your insurance rates could also increase after getting a DUI, potentially by hundreds of dollars.

The best way to limit all these consequences is to hire an experienced Cincinnati DUI lawyer with a strong track record of success. Your attorney will be able to gather all relevant evidence and present it to the prosecutor and the court as effectively as possible in your favor.

How Much Can You Safely Drink If You Want to Drive?

One drink is:

  • 12 ounces of domestic beer
  • 1 ounce of 100 proof liquor
  • 4 ounces of table wine.

Most people can have one or two standard drinks and remain under the legal BAC limit of 0.08%. Some people can have more.

But, how often do you measure how much alcohol you’re consuming, down to the ounce? It is very, very hard to truly know how much alcohol you’ve consumed.

It’s also important to remember that blood alcohol concentration does not correspond directly to alcohol consumption. Your BAC will vary depending on your size, your gender, and the amount of food and water in your system, among other factors. So, while one person might consume four standard drinks and be legally safe to drive, another person might drink the same amount and be over the limit.

Getting the Right Legal Representation After a First DUI Offense in Ohio

To learn more about what to do after your first DUI, please contact our local Cincinnati, Ohio, drinking and driving defense attorneys. Our office is conveniently located downtown. You can reach us via our online contact form or over the phone at (513) 549-0611. We offer free initial consultations.

Cincinnati Defense Lawyer Kelly Farrish

ATTORNEY KELLY FARRISH

Kelly Farrish always knew he wanted to be an attorney, but he the path he took to get there isn’t like most. He served five years in the United States Air Force and did two voluntary years in South Vietnam. When he returned to Cincinnati, he worked the midnight shift as a technician at Cincinnati Bell, all the while attending college full time year round for three years. He graduated Cum Laude from the University of Cincinnati. [ ATTORNEY BIO ]

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    "His years of experience and knowledge were clearly evident and un-refutable. From the moment we met him we had absolutely no doubt that we had complete professionalism at our service and we could not have chosen a more qualified attorney."

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    "I had a number of charges and ended up getting acquitted of all of them. I truly believe his knowledge and persistence is what got me through this case. I am very grateful and highly recommend him for his services."

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    "I highly recommend Mr. Farrish. He is very thorough and is well liked by all of the courts. A genuine attorney and you couldn't find a better in the area."

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    "The absolute best DUI lawyer in the tri state. Just short of a miracle worker"

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    What is the Difference between a DUI, DWI, OMVI and OVI?

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