If you are charged with the offense of driving while intoxicated, there are many different repercussions that you may face, including the suspension of your driver’s license. This is one of the most disruptive consequences for defendants in these cases. Being unable to drive may seriously impede your ability to get to and from work, or to handle other responsibilities in your life, such as childcare. If you are charged with a DUI, there are different methods that you can use to fight the charge, especially if the police failed to follow appropriate procedures. Cleveland DUI lawyer A. Dale Naticchia serves people in Cleveland, Akron, and throughout Cuyahoga County who are facing DUI (or OVI) charges. He can work diligently to investigate your case and to determine whether any defenses may apply to your situation.Penalties and Consequences Related to a Driver’s License Following a DUI/OVI Charge
There are certain consequences for your license associated with a DUI offense, depending on whether it is your first or a subsequent offense. Immediately after being arrested for a DUI, you face a suspension of your license. Then, at the time of sentencing, the judge can impose a long-term suspension as part of your penalty. The minimum license suspension for your first DUI offense is one year unless you consent to having an ignition interlock device installed in your vehicle. This device requires the operator to provide a breath sample before the vehicle will start. If the device detects a blood alcohol content of 0.08 or higher, the vehicle will not start. If you agree to have this device installed in your vehicle, the minimum license suspension is only six months. The cost of installing the device is the responsibility of the motorist facing the charge, as well as the monthly cost of operating the device, which reports your breath samples to your probation officer. The length of the suspension period increases with subsequent convictions for DUI within a 10-year timeframe.
Recently, Ohio enacted certain changes to its drunk driving laws. One of these changes allows for a longer look-back period regarding prior drunk driving convictions. If you receive two DUI citations within a 10-year period, the penalties for your second offense are increased. The prior look-back period was only six years. This increases the risk that a previous conviction could lead to heightened suspensions and restrictions on your driver’s license.
Also, the Fourth Amendment guarantees all citizens the right to be free from unreasonable searches and seizures. This means that there are strict protocols that police officers must follow when stopping citizens or making arrests. Many of these protocols relate to the types of evidence that the police gather to support a charge. Many DUI arrests begin with the police initiating a traffic stop. If the police do not have a reasonable suspicion that you are breaking the law but stop you anyway, they have engaged in an unlawful stop. Any evidence obtained from this encounter can be suppressed following a motion by your attorney, which means that it will not be used against you. There are also many protocols that the police must follow when it comes to calibrating breathalyzer devices to ensure that the readings are accurate. Also, if the police do not administer a sobriety test appropriately, the results may be discarded.Schedule a Free Consultation with a Compassionate Cleveland Lawyer
A drunk driving charge can have serious consequences for your immediate and long-term future, especially if your driver’s license has an impact on your ability to earn a living. At the Law Office of A. Dale Naticchia, we understand the anxiety that you are experiencing. We can explore every possible avenue in your defense and potentially help you apply for a temporary or hardship license. Assisting clients in Cleveland, Akron, Parma, Bedford, Berea, Rocky River, Garfield Heights, Stow, and Barberton, Attorney A. Dale Naticchia offers a free consultation to discuss your situation and how we may be able to assist you. Call us now at 216-520-5297 or contact us online.