Agressive Cincinnati DAYTON dui / ovi defense lawyer, Roger Bouchard
Are you looking for an aggressive and experienced OVI – DUI Lawyer in Dayton, Ohio? As a former Hamilton County magistrate of 20 years, Roger Bouchard, has the gritty experience and intimate knowledge of the local judicial system to get his clients the results they are looking for. He works hard for each and every client’s best interest, taking immediate aim at getting your OVI charges either reduced or dismissed. Mr. Bouchard knows how to challenge alcohol testing procedures and results and he also knows the errors to look for that gets cases dismissed altogether. An OVI Charge is serious, but Roger is optimistic and confident that he can get you beyond it.
OVI - DUI warnings and precautions in Cincinnati, OHIO
Dayton offers a plethora of entertainment and recreational opportunities that can lead to driving while intoxicated.
While most states in our nation use the acronym DUI (Driving Under the Influence), the state of Ohio is unique in that its drunk or drugged driving laws refer to driving while under the influence of drugs or alcohol as an “OVI”. Under Ohio state law, Section 4511.19, OVI is an acronym meaning Operating a Vehicle under the Influence of alcohol or drugs. Two important points to be aware of, is that OVI laws are applicable whether you are driving either a motor or non-motorized vehicle (such as a bicycle), and applies whether you have alcohol or drugs in your system.
It is not illegal to drink alcohol and then drive. However, it is illegal to drink an amount of alcohol that places you over the legal limit.
You do not need to be driving a vehicle or even parked and sitting in your vehicle to be charged with an OVI. If you’re found in the driver’s seat of the vehicle and the keys are available to you, this is enough to charge you with an OVI if you are under suspicion of being over the legal limit.
OVI – DUI and Drunk Driving legal Limits and bac testing
The easiest method for testing whether a person has been driving with alcohol in their system is by the use of a breathalyzer device and the results are known as a BAC (Blood Alcohol Concentration). This legal limit is that of having .08% or higher in your bloodstream (.02% if you are under 21 yrs.), or a urine alcohol content of .11% or higher.
Additionally, if you have a certain amount of any controlled substances (drugs) in your system while operating a vehicle, to the point that your ability to drive safely comes under suspicion, you can also be charged with an OVI. The legal limits for operating a vehicle with under the influence of drugs are:
- Amphetamine: ≥ 500 ng
- Cocaine: ≥ 150 ng
- Cocaine Metabolite: ≥ 150 ng
- Heroin: ≥ 2000 ng
- Heroin Metabolite: ≥ 10 ng
- L.S.D.: ≥ 25 ng
- Marijuana: ≥ 10 ng
- Marijuana Metabolite and under the influence: ≥ 15 ng
- Marijuana Metabolite: ≥ 35 ng
- Methamphetamine: ≥ 500 ng
- Phencyclidine: ≥ 25 ng
Getting an DUI – OVI can result in the loss of your driver’s license for an extended period of time as well as jail time and significant fines. You can fight back against these charges, at both the administrative and criminal levels.
In every case Mr. Bouchard aims to get your charges either dismissed or drastically reduced. You will have someone by your side that holds credibility and respect within the Hamilton County judicial system. Don’t hesitate to speak with Roger Bouchard today and get honest answers to your specific situation.
how to avoid getting an OVI in dayton, oh
Innocent mistakes can increase the chances of facing an OVI – DUI charge. It’s important to drive carefully and consciously so as not bring yourself under suspicion.You can be charged with an OVI in Ohio if you are driving in a way that causes a police officer to suspect that your ability to drive safely may be impaired. This is called “probable cause”. A police officer acquires probable cause to stop and question you if you are doing such things as:
- Driving over or under the Speed Limit.
- Driving over curbs or sidewalks.
- Driving or swerving outside of your lane.
- Disobeying traffic signs and electronic signals.
- Driving at night without your headlights on.
- Failing to use your turn signal.
If you are stopped by police and questioned, do not risk incriminating yourself by volunteering any information that you are not asked for. You are required to identify yourself to the officer and provide documentation of such as requested. However, an admission to “drinking” should be avoided. Every human has the basic right and responsibility for self-preservation, and so when faced with an inquisition by an opposing party, you have the duty to protect yourself. So whenever you are asked a question by a police officer, government official, or even a common citizen, you are never under any obligation to answer in a way that would give reasonable or “probable cause” to charge or incriminate you and thus bring great harm to your life. Remember, anything you say can be used against you, and it is imperative that you exercise your right to speak only with your attorney. Learn more about what to do before charges are filed against you.
The OVI attorney that fights for dismissals
For every DUI case there are multiple defense strategies that need to be thoroughly investigated by your attorney.
In many cases filing a Motion to Suppress evidence is the most critical first step in beating an OUI – DUI in Ohio.
A Motion to Suppress evidence is a document filed with the court that alleges a violation of a defendant’s constitutional, statutory, or administrative rights. After the document is filed a hearing is held, where witnesses are called and cross-examined. This investigatory hearing will delve into possible violations of your Constitutional rights, starting with the time you were pulled over. The motion can be used to attack the ‘probable cause to stop’, the ‘probable cause to arrest’, proper police conduction of the Standard Field Sobriety Tests, admissibility of the breathalyzer, and many other constitutional violations.
The Roger Bouchard Law Office understands the issues involved with applying a Motion to Suppress and has successfully argued numerous Motions to Suppress resulting in a dismissal.
There is a time limit for filing a motion to suppress, which makes it important to contact an attorney immediately after you are arrested.