DUI Attorney in Dayton, OH

Work with Our Hard-Hitting Dayton DUI Lawyers

If you have been accused of Operating a Vehicle under the Influence (OVI) or Driving Under the Influence (DUI), it is likely that you are accused of violating Ohio's driving laws. In the state of Ohio, driving a vehicle with a Blood Alcohol Concentration (BAC) level of 0.08% or higher could lead to a DUI or OVI conviction. For some individuals, that is just a few drinks in the matter of a few hours.

Many individuals believe that being accused of DUI isn’t that serious of a crime, which is why many attempts to defend themselves without legal representation. However, this nonchalance could easily lead to lamentable consequences. Prosecutors don’t have a reputation for being lenient.

If you are facing DUI or were presented with a Field Sobriety Test, our Dayton DUI lawyers at L. Patrick Mulligan & Associates, LLC is here to help protect your rights. These kinds of charges can lead to serious and harsh penalties for accused drivers. Our DUI attorneys in Dayton, OH can tenaciously defend you from the charges you face, whether you live in Dayton or Cincinnati.

Contact our firm to discuss your charges by calling (937) 685-7006. Our Dayton DUI lawyers proudly serve Southwest Ohio.

Understanding the Driving Laws in Ohio

Here's what else you need to know about Ohio's driving laws:

• The permitted blood alcohol level to operate a motor vehicle for people under 21 is 0.02%.
• Repeat offenders of all ages are punished more severely.
• A fourth OVI conviction in six years is a felony.
• In Ohio, it is a felony to have five convictions for DUI or OVI in a 20-year period.

What Is the Legal Limit in Ohio?

In Ohio, a person 21 years of age or older may be charged with a DUI if their blood or breath alcohol concentration (BAC) is .08 or higher. The level of alcohol in their system is measured through a chemical test the driver is required to take. Refusing to participate can result in a driver’s license suspension.

Although Ohio law enumerates a legal limit, having an alcohol concentration amount at or above that level is not the only time a person could be charged with an OVI. O.R.C. 4511.19 also provides that a person commits the offense when they are operating a vehicle while under the influence of alcohol. Generally, that means the driver’s normal mental and/or physical faculties were impaired to the point that they could not safely control their car.

It’s also important to note that the .08 limit applies only to drivers 21 years of age or older. If the person operating the vehicle is under 21 years of age, they commit an offense when their blood or breath alcohol concentration is .02 or higher.

Ohio DUI Penalties

The penalties for operating a vehicle under the influence are stiff. Additionally, the punishments imposed increase for each subsequent offense. That's why it is important to work with a skilled Dayton DUI defense attorney who keeps your best interest in mind.

Below are a few of Ohio’s DUI penalties:

First Offense (first-degree misdemeanor):

• Between 3 days and 6 months in jail
• Between $375 and $1,075 in fines
• Driver’s license suspension for 1 to 3 years
• Attendance in a driver’s intervention program
• Completion of a treatment or education program

Second offense within 10 years of the previous (first-degree misdemeanor):

• Between 10 days to 6 months in jail (BAC between .08 and .16)
• Between 20 days and 6 months in jail (BAC of .17 or higher)
• Between $525 and $1,625 in fines
• Driver’s license suspension for 1 to 7 years
• Vehicle immobilization for 90 days
• House arrest with electronic monitoring
• Continuous alcohol monitoring
• Addiction assessment

Third offense within 10 years of the previous (misdemeanor):

• Between 30 days and 1 year in jail (BAC between .08 and .16)
• Between 60 days and 1 year in jail (BAC of .17 or higher)
• Between $850 and $2,750 in fines
• Driver’s license suspension for 2 to 12 years
• Vehicle forfeiture
• House arrest with electronic monitoring
• Continuous alcohol monitoring
• Attendance in addiction services

Driver’s License Suspension for DUI in OH

Any person arrested for driving under the influence may face both an administrative and a criminal driver’s license suspension.

The Ohio BMV oversees the administrative suspension process. The agency can take action immediately after the driver’s arrest when they either refuse to take a chemical test or the results of the chemical test show that their BAC is at or above the legal limit.

The administrative driver’s license suspension is effective for up to 5 years.

The criminal driver’s license suspension happens only if the individual has been convicted of DUI. The length of time they lose their driving privileges depends on whether or not they’re a repeat offender.

Criminal driver’s license suspension periods are as follows:

• First offense: Up to 3 years
• Second offense: Up to 7 years
• Third offense: Up to 12 years
• Fourth or subsequent offense: Up to life

When Does a DUI Become a Felony in OH?

The first three times a person is accused of driving under the influence, they face misdemeanor charges. In Ohio, a DUI becomes a felony on a fourth/fifth violation within 10 years of the previous offenses. Specifically, it’s a fourth-degree felony.

The penalties for an OH felony DUI include:

• A mandatory minimum prison sentence of 1 to 5 years
• A fine between $1,350 and $10,500
• Driver’s license suspension for 3 years to life
• House arrest with electronic monitoring
• Vehicle forfeiture
• Participation in community addiction services

Listed Among the Top 100 DUI Lawyers

Our Dayton DUI & OVI attorneys are led by Attorney L. Patrick Mulligan, who is a Board Certified Criminal Law Specialist by the National Board of Trial Advocacy. This additional certification allows him to refer to himself as a criminal law expert. We are also honored to have been listed among the Top 100 DUI Lawyers, which demonstrates our high-level of knowledge and command regarding the area of DUI or OVI. We are ready and willing to put our extensive legal insight to work for you.

Our Dayton DUI lawyers can help you in the following ways:

• Reasonable suspicion – Whether officers had enough reasonable suspicion to pull a driver over is a top concern. Law enforcement must have reasonable suspicion that a motorist is involved in some sort of criminal activity, including driving under the influence, in order to detain them (stop their vehicles). If officers do not observe lane drifting, speeding, near collisions, traffic infractions, or other signs of suspicious activity or crime, a lack of reasonable suspicion may result in an unlawful stop.
• Probable cause – The U.S. Constitution protects us from unlawful searches and seizures. These include unlawful searches of property and arrests without justifiable reasons, such as physical signs of impairment, suspicious activity, evidence of alcohol or drug use, or other objective indicators. Without probable cause, any evidence officers obtain – including chemical test results – could be declared inadmissible in a case. Police must have a lawful basis to make an arrest.
• Chemical test results – Evidence obtained through breath and blood tests are not always 100% accurate, and they can be challenged. This is especially important during periods of high enforcement, where increased use of testing devices, including breathalyzers, may cause them to be improperly maintained and calibrated or used improperly by an officer who has little to no training in using them – which can result in erroneous results.

Focused on Criminal Law Since 1994

For more than 50 combined years, our firm has been addressing state and federal crimes of varying complexities. Our Dayton DUI attorneys strive to deliver legal services that are aggressive and personalized, from beginning to end. Attorney L. Patrick Mulligan is a Board Certified Criminal Law Specialist by the National Board of Trial Advocacy. His expert knowledge has benefited many individuals accused of violating our state's driving laws.

If you have been charged with DUI or OVI in Ohio, it is essential that you retain the services of a skilled defense team as soon as possible. Stalling to do so could endanger your driving privileges and lead to other serious penalties. Don't let a DUI or OVI conviction damage your reputation and driving record.

Accused? Call (937) 685-7006 for a Free Consultation.

Our Dayton DUI lawyers proudly offer initial consultations to all of our prospective clients, free of charge. This step allows us to better understand a case and assist an accused individual. We can explain the various options that are available to you so that you are well-informed about your legal standing and how to proceed. This initial step is crucial when determining how to craft a defense strategy for a client.

For tough drunk driving defense, please contact our Dayton DUI lawyers without delay by calling (937) 685-7006.

DUI Resources:

• When is A DUI a Felony?
• Understanding Your Rights at a DUI Checkpoint
• Do I Need A DUI Defense Lawyer if I Was Barely Over the Legal Limit?
• How Multiple DUI Convictions Can Affect Your Future