One moment your life is going great, and your future looks solid. Then in a mere instant, you make one error in judgment that could cost you for a very long time. You may have stopped after work on a Friday afternoon to have a drink with friends. You think you are fine to drive as you head home when suddenly you see flashing lights behind you. Before you know it, you are being handcuffed and placed in the back of a police cruiser, headed to the police station for booking. Like most people who are charged with DUI, you are likely a normally law-abiding citizen, so you have no idea what you are facing or what the consequences of your DUI charges could be.
There is one choice you can make right now that could make a significant difference in the outcome of your charges. Contacting a Kettering DUI attorney from Horwitz & Horwitz allows you to ask questions and get the information you need to make necessary decisions. Our attorneys will fight for you as we gather evidence to determine whether your initial stop was legal, whether the officer made mistakes, whether the Breathalyzer results are valid, and much more.
What Areas Related to DUI Can be Helped by a Horwitz & Horwitz Attorney?
There are many factors associated with a Kettering DUI. When you choose the Horwitz & Horwitz lawyers, we will thoroughly explore every avenue to secure reduced charges, reduced penalties, or dismissed charges. Perhaps the police officer did not have reasonable cause to stop you in the first place. You must have committed a traffic infraction or otherwise given the officer reason to pull you over. Once stopped, the officer must have cause to believe you are driving while intoxicated.
You are not required to take field sobriety tests, and, in fact, these tests are often used to provide cause for your DUI arrest. If you submit to a chemical test—usually a Breathalyzer—you may be giving the prosecution evidence against you. If you refuse a chemical test, you will face enhanced penalties—and if you have a CDL license you are not allowed to refuse. Once arrested, the officer must read you your rights. It’s never a good idea to talk to the police. Give them your name and address, then politely refuse to answer questions until you have spoken to an attorney.
If the police made mistakes during your stop, while administering chemical tests, or while questioning you at the station, our attorneys will ensure those mistakes are brought to light and used in your favor. This one mistake does not have to color the remainder of your life when you have a Horwitz & Horwitz attorney on your side.
About Kettering, Ohio
Located primarily in Montgomery County, with a portion in Greene County, Kettering is a suburb of Dayton, with a population of approximately 58,000. The Kettering area was settled in the 1700s and 1800s as farmland, incorporated in 1952 as the Village of Kettering, then became a city in 1955 by virtue of an increased population. Kettering was named after inventor, Charles Kettering, who resided in Kettering until his death in 1958.
The loss of manufacturing jobs led to a slowly declining population beginning in the 1980s. Today, Kettering has 20 parks and is home to Fraze Pavilion, a major outdoor entertainment venue that hosts the Dayton Philharmonic summer concerts. In 2005, Skate Plaza—a 40,000 square-foot skateboard park—opened as a collaboration between Kettering and professional skateboarder, Rob Dyrdek, who grew up in Kettering. While Kettering is considered one of the best places in Ohio to live, DUI offenses occur here, just as they occur in all cities across the nation.
What Are Ohio DUI Penalties and Consequences?
The following penalties are associated with DUI/OVI under Ohio law:
First DUI in ten years, with a BAC between 0.08 percent and 0.16 percent
- Minimum jail time of 3 days or 3 days in a driver intervention program
- Maximum jail time of 6 months
- Suspension of your driver’s license for 1-3 years
- Possible order for drug and alcohol assessment and treatment
- Probation for a period of up to 5 years
- Six points added to your driving record
- Fines as large as $1,075
- Possible order of an ignition interlock device
- Optional restricted plates
First DUI in ten years with a BAC over 0.16 percent or a Refusal with a DUI conviction within the past twenty years
- Minimum incarceration of 6 days in jail or 3 days in jail and 3 days in a driver intervention program
- Maximum incarceration of 6 months
- Suspension of your driver’s license for 1-3 years
- Fines as large as $1,075
- Optional drug and alcohol assessment and treatment
- Up to 5 years of probation
- Optional order of ignition interlock device
- 6 points added to your driving record
- Optional order of restricted plate
Second DUI/OVI within the past ten years with a BAC of 0.08 percent to 0.16 percent
- Minimum jail time of 10 days, or 5 days in jail along with 18 days of house arrest, either with electronic monitoring or continuous alcohol monitoring
- Maximum jail time of 6 months
- Fines as large as $1,625
- Mandatory drug and alcohol assessment and treatment
- A driver’s license suspension of 1-7 years
- Up to 5 years of probation
- Requirement of restricted license plates
- Ignition interlock device required
- Immobilization of your vehicle for up to 90 days
- 6 points added to your driver’s license
Second DUI/OVI within the past ten years with a BAC higher than 0.16 percent
- 20 days minimum in jail or 10 days in jail and 36 days under house arrest with either continuous alcohol monitoring or electronic monitoring
- Immobilization of your vehicle for up to 90 days
- Up to 5 years of probation
- Fines as large as $1,625
- Mandatory alcohol and drug assessment and treatment
- Required restricted license plates
- A suspension of your driver’s license for 1-7 years
- Required ignition interlock device
- 6 points added to your driving record
Can an Experienced Kettering DUI Attorney Really Make a Difference?
There are several reasons you should always seek legal advice following your Kettering DUI charges. An experienced Kettering DUI attorney can help minimize the penalties you are facing, helping you secure the most favorable outcome possible. A highly skilled DUI attorney can help you avoid jail time as well as help you avoid losing your driving privileges. A DUI conviction can cause issues with employment—both your current employment and your ability to secure employment in the future. Having a strong legal advocate on your side can help you get back to your normal life as quickly as possible.
Your DUI attorney will be able to immediately spot the weaknesses in the prosecutor’s case and will also know how to spot errors associated with your DUI stop and arrest. Your attorney can negotiate lesser charges or lesser penalties on your behalf. If you go to trial, a skilled DUI attorney can persuasively argue your case. Even if you are innocent of the charges, you should never assume you will automatically be found not guilty. Your lawyer can challenge the Breathalyzer or other chemical tests as well as many other issues. DUI charges are much more than minor traffic violations with the potential for severe penalties, requiring a knowledgeable DUI attorney.
What Questions Should I Ask My Kettering DUI Attorney at Our First Meeting?
You will want to know how often your Kettering attorney takes DUI cases—and his or her success rate with these cases. Discuss the facts of your DUI charges with your attorney, asking any questions about the specifics of your stop and arrest. You will discuss fees with your attorney, including whether you will pay more if your case goes to trial. Feeling comfortable with your DUI attorney is extremely important as is being able to communicate well with one another. Your Kettering DUI attorney should be willing and able to answer your questions in a comprehensive, yet easy-to-understand manner.
If You’ve Been Charged with DUI, Horwitz & Horwitz Can Help
The Horwitz & Horwitz attorneys work with integrity to do what is best for you, always putting your interests and needs first. We will handle your Kettering DUI from start to finish and will always stay in close communication with you throughout the process. We are not like other law firms who, after the initial meeting with an attorney, delegate the remainder of your defense to support staff. When you call, you will speak to your attorney, and when you have a meeting, it will be with your attorney. Don’t face DUI charges on your own—contact a Kettering DUI attorney from Horwitz & Horwitz today who will give you compassionate, straightforward counsel.