DUI/OVI Defense Attorney in Dayton, Ohio

Facing an operating a vehicle impaired (OVI) or driving under the influence (DUI) charge is a grave situation that demands immediate and experienced legal attention. The high stakes involved with these cases necessitate a thorough understanding of Ohio's stringent traffic laws and legal system.  

As a dedicated DUI defense attorney based in Dayton, Ohio, I am committed to defending those accused of driving under the influence of drugs or alcohol. I make sure every client receives a fair trial and the robust representation they deserve. Whether you're a first-time offender or facing repeat charges, my experience and knowledge can make all the difference in the outcome of your case. 

My criminal defense practice is heavily focused on DUI/OVI cases. I am well-versed in Ohio's specific regulations and legal precedents, allowing me to build strong, effective defense strategies tailored to each client's unique situation. As your attorney, I am dedicated to ensuring that you are treated fairly and that every aspect of the law is utilized to protect your rights and future.  

I'm committed to securing the best possible outcome for your case. Contact me at Frank A. Malocu Attorney at Law to schedule a free consultation. 

Ohio DUI Laws

Ohio refers to "operating a vehicle impaired" (OVI) instead of "DUI." However, DUI is still a commonly used and heard term in legal proceedings.

In Ohio, a driver can be convicted of an alcohol OVI for operating a vehicle with a blood alcohol content (BAC) of .08% or higher (or a urine alcohol concentration of .11% or more). A BAC above the legal limit is enough to convict without proof of impairment. 

Per Se OVIs Based on Controlled Substance Use in Ohio

In Ohio, a "per se" OVI offense occurs when a driver operates a vehicle with any detectable amount of certain controlled substances in their body, regardless of actual impairment. This means that the mere presence of these substances in the driver's blood or urine is sufficient evidence for an OVI charge. 

A person can also be convicted for driving with specific concentrations of controlled substances, such as: 

• 20 nanograms per milliliter of urine of marijuana. 

• 50 nanograms per milliliter of blood of cocaine. 

• 100 nanograms per milliliter of blood of amphetamines. 

• 25 nanograms per milliliter of blood of LSD. 

• 2,000 nanograms per milliliter of blood of heroin. 

If a driver is found with levels of these substances above the legal limit, they can be convicted of a per se OVI without the need to demonstrate impairment at the time they were arrested.

This strict liability approach speaks to the state's commitment to keeping roads safe by addressing drugged driving with the same seriousness as alcohol-related offenses. If you have been charged with a per se OVI based on alcohol or controlled substance use, contact me for expert defense representation.

Different DUI/OVI Cases I Handle

I handle a wide variety of DUI/OVI cases, ranging from minor infractions to severe offenses. My approach is comprehensive and meticulous, aimed at uncovering every possible detail that can benefit your defense. Here's an overview of the types of DUI/OVI cases I manage: 

• First-time offenses: Even a first-time DUI/OVI charge can have serious consequences. Penalties may include a fine ranging from $375 to $1,075, a minimum jail sentence of three days to six months (which can sometimes be served in a driver intervention program), and a license suspension between six months to three years. I strive to minimize the impact on your life by seeking alternative sentencing options or challenging the validity of the traffic stop.  

• Second offenses: Repeat offenses carry harsher penalties, including longer license suspensions and mandatory jail time. Convictions typically result in a fine between $525 and $1,625, a mandatory jail sentence ranging from ten days to six months, and a license suspension of one to five years. I work diligently to mitigate these consequences through strategic defense. 

• Third offenses: With each additional offense, the penalties become increasingly severe. These carry fines between $850 and $2,750, a jail term of 30 days to one year, and a license suspension ranging from two to ten years. I am prepared to employ all my available legal defenses to challenge the prosecution’s case. 

• Felony OVIs: Felony DUI/OVI charges come with the possibility of extended incarceration and significant fines of up to $10,500. My extensive experience can be a game-changer in these serious cases. 

• Super OVIs: Charges involving blood alcohol levels significantly above the legal limit require specialized defense strategies. I am equipped to tackle the unique challenges these cases present. 

• Underage DUIs: Underage DUI charges can have long-term repercussions on a young person's future. Underage offenders may face fines, jail sentences up to 30 days, and license suspensions from six months to two years, as well as mandatory attendance in an alcohol education or treatment program. I aim to secure outcomes that focus on rehabilitation and education rather than punishment. 

What You Can Expect From Me

Every client and case is unique, so I approach each situation with a personalized strategy. My priority will be getting to know you and learning everything I can about your case. I make sure to foster a welcoming and understanding environment where you feel comfortable honestly sharing your concerns and asking questions. 

Next, I'll conduct a thorough investigation into the details of the arrest, looking for any procedural errors or violations of your rights that can undermine the prosecution's arguments. I'll meticulously gather and assess all the available evidence, such as field sobriety test results, breathalyzer or blood test data, and witness statements.  

You can also expect to be treated with dignity and respect throughout the entire process. I wholeheartedly believe in upholding the rights of my clients. You deserve effective representation, no matter who you are or where you come from. Call today to set up a free consultation.  

Potential Defense Strategies

Facing a DUI/OVI charge can be daunting, but various defense strategies can be employed to contest the charges. Each case is unique, and the most effective defense will depend on the specific circumstances surrounding the arrest.  

Here are some of the potential defense strategies that could apply to your case: 

• Contesting the traffic stop: One of the first aspects to review is the validity of the traffic stop itself. Law enforcement must have a valid reason, known as reasonable suspicion, to pull you over. If it can be demonstrated that the officer lacked reasonable suspicion, any evidence gathered during the stop may be inadmissible. 

• Challenging the field sobriety tests: Field sobriety tests are often used to assess a driver’s impairment. However, these tests are subjective and can be influenced by various factors such as the driver's physical condition, road conditions, or even poor instructions by the administering officer. Questioning the accuracy of these tests can be a viable line of defense. 

• Questioning breathalyzer accuracy: Breathalyzer tests are commonly used to measure BAC, but they are not infallible. Factors such as device calibration, the presence of mouth alcohol, or even certain medical conditions can produce false positives. Proving that the breathalyzer was improperly utilized or maintained can cast doubt on the prosecution’s evidence. 

• Blood test accuracy and administration: Similar to breath tests, blood tests can be scrutinized for errors. Inaccurate results may stem from improper storage or handling of samples, contamination, or lab errors. Analyzing the chain of custody and the testing procedures can reveal potential flaws. 

• Medical conditions: Certain medical conditions, such as acid reflux, diabetes, or a ketogenic diet, can mimic signs of intoxication or lead to an elevated BAC. Providing medical evidence can counter claims of impairment. 

• Rising blood alcohol defense: It’s possible that a driver’s BAC was below the legal limit at the time of driving but rose above the limit by the time the test was administered due to the absorption rate of alcohol. This defense requires a thorough understanding of the body's metabolism and expert testimony. 

• Improper police conduct: Any misconduct or procedural errors by law enforcement, such as failure to read Miranda rights, coercion, or illegal search and seizure, can be grounds for a defense. Highlighting these can result in the exclusion of evidence or even case dismissal. 

Employing a skilled DUI attorney ensures that all possible defenses are explored to protect your rights and aim for the best possible outcome in your case.

From my firm in Dayton, Ohio, I work with clients across Montgomery County, including Northridge, Huber Heights, Fort Mckinley, Residence Park, Englewood, Greene County, including Beavercreek, Pleasant View, Xenia, and New Jasper, and Miami County, including Pigeye, Cowlesville, Troy, Piqua, and Covington. Schedule your free consultation today.