Agressive Cincinnati DAYTON dui / ovi defense lawyer, Roger Bouchard

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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 hands-on experience and intricate knowledge of the local judicial system and how to get his clients the outcome they are looking for. He works relentlessly for each and every client’s aspirations, taking sharp aim at getting OVI charges reduced or totally dismissed. Mr. Bouchard knows how to successfully argue alcohol testing procedures and their impact and he also knows the mistakes that officers make. An OVI Charge is stressful, but Roger Bouchard promises to confidently fight on your behalf as if you are a family member. Don’t hesitate to reach out and get the answers and representation you need.

What is an OVI or DUI in Dayton, OHIO?

dayton city ohio lawyer

Dayton Ohio, nicknamed the “gem city” is an awesome city to call home, to start a new career or raise family. As with all prominent cities there are plenty of events to enjoy and spots to celebrate life, where ‘dinner and drinks’ easily leads to driving a vehicle while under the influence of alcohol. This action is termed “DUI”, the acronym that law enforcement uses to charge you with a criminal offense. Driving under the influence of alcohol (or drugs) beyond a safe amount for driving is illegal in all states. While DUI is the most common term, in Ohio, such action is termed “OVI”, an acronym that stands for Operating a Vehicle while Under the Influence.

how to avoid getting an OVI in dayton, oh - talk with your attorney first

Talk with your attorney first before charges are filed against you. This is the best advice anyone can receive when faced with the questioning of law enforcement. It is their job to find you under suspicion and to find probable cause to charge you with a crime or arrest you. Remember, it is their right to use anything you say against you, and so it is wise that you exercise your right to speak only with your attorney – someone that knows the laws and can therefore represent you in the most self-preserving way. It is important to know that you are never obligated to hurt yourself by incriminating yourself with information. 

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:

  1. Driving over or under the Speed Limit.
  2. Driving over curbs or sidewalks.
  3. Driving or swerving outside of your lane.
  4. Disobeying traffic signs and electronic signals.
  5. Driving at night without your headlights on.
  6. Failing to use your turn signal.
It is important to note that you can be charged with an OVI even if you are not driving. That is because the law considers the availability of your keys. If you are sitting in the driver’s seat of a vehicle and the keys are nearby or accessible, this circumstance obligates a suspicious officer to charge you with an OVI. 

OVI – DUI and Drunk Driving bac testing Limits

The most accurate 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 is suspect, you can also be charged with an OVI. The legal limitations 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 

With that said it is important to note that BAC devices are not always accurate, and their results can be argued in court. If you believe that your test was inaccurate then do not hesitate to reach out to Mr. Bouchard so he can begin fighting on your behalf. The best way to proceed is to immediately file a Motion To Suppress.

OVI – DUI and Drunk Driving – Filing A motion to suppress

In many cases filing a Motion to Suppress evidence is the most critical first step in beating an OUI – DUI in Ohio. There are many conditions involved in the proper conduction of BAC and Standard Field Sobriety Tests.

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 dive into the possible violations of your Constitutional rights, starting with the situation of you being pulled over in the first place. The Motion to Suppress can be used to attack the ‘probable cause to stop’, the ‘probable cause to arrest’, the correct conduction of Tests, admissibility of the breathalyzer, and many other constitutional violations.

Such evidence that is found to be in violation of your rights is “thrown out” by the judge which can lead to a total dismissal of your charges.

For every OVI/DUI case there are a multitude of critical defense strategies and areas to negotiate for your best interest. All of this will be thoroughly investigated by your attorney, Roger Bouchard. He understands how to navigate every circumstance involved and will apply the best strategy for your specific situation.