Legal Question in DUI Law in Ohio

2nd time, no strings attached dui

My friend, 22 years of age, was going

50 mph in a 35 zone at about 3:00 am

on a weeknight in a suburb of

Cleveland. There was little to no traffic.

He was pulled over for speeding, took

road sobriety test, was taken in for dui.

Once at the station, he called me to bail

him out, then blew a .18 on the

breathalizer. He was convicted of a dui

and other lesser charges about 1.5

years ago. He is not a heavy drinker,

but drinks about 2-3 nights a week,

and some bored cops caught up with

him. My questions are: How could a

lawyer help my friend in this situation?

And to what degree could a lawyer

representing my friend reduce the fine,

jail time, and license problems

involved?


Asked on 12/06/06, 11:21 pm

1 Answer from Attorneys
Daniel Dismuke Daniel K. Dismuke, Attorney at Law

Re: 2nd time, no strings attached dui

The maximum penalties for a second DUI charge, over .17 blow is 6 Months in jail, $1,500 fine, 5 year license suspension 90 days immobilization of the vehicle and the "party plates".

An attorney would check to make sure the blow is even valid, due to incorrect weekly calibration checks or lack of probable cause to arrest. If nothing else an attorney could push for "minimum" penalties. Without an attorney threatening trial there is no reason for the prosecutor to negotiate a reasonable deal.

Respectfully yours,

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Answered on 12/07/06, 2:27 pm


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