Disclaimer: The DUI Toledo Attorney app is for entertainment purpose only and the blood alcohol calculation should not be used to determine whether a person is able to drive.
If your results are at, above or near .08 Percent and/or you feel your driving ability maybe impaired in anyway :
The first thing to do is to remain calm. If you have been drinking, but don't feel that you are inebriated in any way, very little of what you can say will be helpful. Treat the officer with respect and courtesy, but don't start talking about your evening out with the guys or your break-up with your girlfriend, which led you to drink.
Act Responsibly and Respectfully
The police officer will ask to see your driver's license and insurance, which you should produce as quickly as possible. Keep your hands visible at all times - preferably on the wheel - and don't make any quick, jerky movements. Turn your radio off if you have been listening and make sure that your vehicle is in Park.
Claim the Fifth Amendment
When the officer asks if you have been drinking, you have a choice. If you had one beer two hours ago, or if you haven't been drinking at all, say, "no, sir." If that isn't the case, and you aren't sure whether you are inebriated or not, simply tell the officer that you are claiming your fifth amendment rights not to incriminate yourself.
Stay in the Car
Police officers do not take kindly to people jumping out of their vehicles. Stay seated in the car unless you are told otherwise.
You've probably seen field sobriety tests acted out in the movies, and you'd probably agree that they look ridiculous. Some police officers will ask that you take a field sobriety test, and you can legally refuse. Those tests are extremely subjective and can be used against you. People with poor balance or poor night vision can easily fail when not inebriated. So politely decline.
The Breathalyzer is the most common chemical test, and measures your blood alcohol content. You will have your license suspended for refusal.
Even if you are convinced that you are sober, you can only hurt yourself by arguing with the officer. Instead, comply with whatever he says, and if he arrests you, calmly follow him to his car. Your time to battle the arrest will come later, after you've talked to an attorney.
Contact an Attorney
As soon as humanly possible, contact an attorney to represent you.
If you are convicted of drunk driving, you face a minimum of three days mandatory jail time. However, it may be possible to get a waiver of this jail time for participating in a driver's intervention program.
You will also be dealing with the burdensome consequences of driver's license suspension.
Each court in the Toledo area has specific paperwork for requesting reinstatement of your driving privileges. There may be reinstatement fees, and you may have a warrant block that needs to be removed.
If you have been charged with a DUI offense in Toledo, or the Northwest Ohio area, contact an experienced attorney (lawyer) at The Law Office of Jeremy Levy LLC.
Law Office of Jeremy Levy will Protect your legal rights and make sure your voice is heard.
If you've been arrested for drunk driving (DUI), you are probably concerned about the possibility of both doing jail time and losing your driver's license. You also may not be sure what to do next. I am here to help you through this situation..
I have tried many DUI cases, including both jury trials and non-jury bench trials. Our priority is to get you back on the road and get your life back to normal as quickly as possible
The longer you wait to obtain the legal services of an experienced DUI defense attorney or lawyer, your ability to achieve a successful or desired result in your legal situation may be dramatically reduced.
The first thing I will do when you come to me with a drunk driving case is find out which court is handling your case, as different courts handle DUI cases differently, with some requiring alcohol assessments.
I will fully examine the evidence against you, including the police report and Breathalyzer test results, to determine whether the evidence will be admissible in court. I understand the legal requirements that apply to drunk driving evidence in Ohio, including the calibration of Breathalyzer tests.
After working in the Public Defender's Office for 3 years, and the Juvenile Prosecutor's Office for 1 year, Mr. Levy went into private practice in 2005. Mr. Levy has represented hundreds of people charged with DUI and has become one of the premier defense attorneys in Northwest Ohio. Mr. Levy is available to his clients 24 hours a day, 7 days a week. He offers a free initial consultation to discuss the needs of the client as well as to create a strategy for defense. Call The Law Office of Jeremy Levy LLC.