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If you have never been arrested, going through a DUI / OVI arrest and being processed into jail can be one of the most stressful and disorienting experiences of your life. One of the most difficult aspects to understand is the process that is used during arrest, and determining whether procedures were followed correctly. If law enforcement officials did not comply with applicable rules during arrest, you may be able to suppress any evidence obtained from the arrest as illegally obtained. Cleveland DUI attorney A. Dale Naticchia has assisted residents throughout Ohio with criminal defense matters in drunk driving cases, including in Akron and other areas of Cuyahoga County. Contact us today to start reviewing your case and determining whether you can have the charges against you reduced or dropped.DUI / OVI Arrest
Under Ohio law, the crime of drunk driving is referred to as operating a vehicle wile intoxicated, or OVI. To be arrested for this offense, the officer must have probable cause to believe that you were driving a vehicle under the influence of alcohol or drugs. The legal limit for drunk driving is 0.08%, and multiple drugs such as marijuana and heroin have per se legal limits as well. You may also be charged with DUI / OVI if an officer determines that you were driving while impaired by alcohol or drugs, even if you are under any applicable legal limits. There are many different ways that the officer can go about assessing whether you are under the influence. First, before you are pulled over, the officer will determine whether you are driving in a manner that suggests you are impaired, such as by swerving, stopping erratically, or failing to follow traffic laws or traffic signals. During the stop, the officer will look for clues like the odor of alcohol, the condition of your eyes, slurred speech, lack of coordination, and admissions that you consumed alcohol before driving. One of the best ways to fight your DUI / OVI charge is to determine whether the officer had probable cause for the stop.
Next, the officer may ask you to undergo a field sobriety test. This involves a number of tasks designed to determine whether you are impaired, including asking you to walk in a straight line, assessing your eyes’ ability to follow a pen or other stimulus, and standing on one leg while counting. This phase may also include administration of a breathalyzer test to gauge your blood alcohol content. This portion of the stop is usually videotaped by the officer’s body camera, which means that your defense lawyer can review it to determine whether the procedures were administered appropriately and to see how well you performed the test.
If the officer concludes through a field sobriety test and breathalyzer test that you are under the influence, you may be arrested. At this point, the officer will verbally inform you that you are under arrest and you will be placed in handcuffs and taken to jail. The officer must also read you your Miranda rights, which include the right to remain silent and the right to have an attorney present during questioning. If you cannot afford an attorney, the state or federal government will provide one for you.Defenses That May Apply After a DUI /OVI Arrest
Just because you were arrested for the crime of drunk driving doesn’t mean that you will be found guilty. There are many things that have to happen after the officer decides to arrest you, including reviewing the evidence and determining whether all procedures were carried out correctly, before you can be convicted. If law enforcement failed to have probable cause to stop you or arrest you, or failed to administer sobriety tests properly, you may be able to have certain evidence thrown out. A seasoned criminal defense lawyer will be able to review your case and identify any potential affirmative defenses that you may be able to assert in your claim to potentially have the charges reduced or dropped.Meet With an Experienced DUI / OVI Attorney in Cleveland
If you are facing a DUI / OVI charge, it is critical that you understand your rights and whether you are being treated fairly. A. Dale Naticchia is available to serve clients throughout Parma, Bedford, Berea, Rocky River, Garfield Heights, Stow, and Barberton. Contact him today to discuss your situation and how he may be able to assist you. Call now at 216-520-5297 or contact us online to get started.