Being charged with DUI can be a traumatic experience. Most people who are charged with DUI have never had any other dealings with the justice system. This means that facing the consequences of a Miamisburg DUI can feel overwhelming. Aside from the potential criminal penalties you face, you must also deal with how you will get to work or school with no driver’s license. While our loved ones typically rally around us in times of trouble, they are sometimes less likely to do so for those facing DUI charges. Loved ones may be angry that you made a bad choice, therefore, less inclined to offer you the help you need.
While you certainly may have made a bad choice, facing DUI charges on your own can be frightening, to say the least. If convicted of DUI, the consequences—both short and long-term—can be truly devastating. Speaking to a knowledgeable Miamisburg DUI attorney from Horwitz & Horwitz can significantly lessen the adverse consequences of your DUI charges. We fight for our clients, using every tool in our wheelhouse—and we will fight for you as we help you resolve your DUI charges.
What Areas Related to a Miamisburg DUI Can be Helped by a Horwitz & Horwitz Attorney?
Whether this is your first, second, or subsequent DUI offense, the Horwitz & Horwitz attorneys can help. Perhaps you are a commercial driver, and a DUI conviction will take away your livelihood. Maybe you made a one-time bad choice and are guilty of the charges, but with extenuating circumstances. Perhaps you are altogether innocent of the charges. Breathalyzer machines can deliver flawed results for a variety of reasons.
Some of those reasons have to do with lack of maintenance or improper calibration of the machine, while others have to do with your personal issues. You may work in an industry where varnish, paint, or certain other chemicals are used that can create a falsely high reading. You may have a medical condition or may have recently used mouthwash or cough medications. Kombucha and other fermented beverages, certain types of bread, the Keto diet, and even some energy drinks can potentially cause a falsely high BAC reading.
A Miamisburg DUI attorney from Horwitz & Horwitz will look at your case from every single angle to determine whether your charges can be contested. Any mistake made on the part of the officer or with the Breathalyzer machine will give us more bargaining power to have your charges or penalties reduced.
About Miamisburg, Ohio
With a population of about 22,000, Miamisburg is a city in Montgomery County and a suburb of Dayton. Miamisburg was well known for its nuclear operations during World War II. By 1822 Miamisburg had become a village, and a century later, a city. The Miami and Erie Canal was under construction in the community by 1827, vastly improving the transportation of goods and people. Local resident, George Kinder, shipped bags of food to Ireland from Miamisburg during the Great Famine. Along with the food, Kinder sent his address, stating he was hiring immigrant workers.
This brought Irish immigrants to Miamisburg in search of work. The Dayton area supported many secret operations for the War Department during World War II and Miamisburg was the site of one of the first post-war Atomic Energy Commission facilities. Most operations were moved to the Mound Laboratory in Miamisburg after the war, operated by Monsanto. The Mound Plant, situated on 306 acres, was built in 1947 where workers made plutonium detonators for nuclear weapons.
The plant discontinued detonator work when the Cold War ended but continued making nuclear power generators. Today, Miamisburg hosts numerous community events, including Spring Break in the Burg, an open-air arts and crafts show called Miamisburg Starving Artists, and the Thuderburg Motorcycle Show. Miamisburg residents make the same mistakes as those across the nation, sometimes resulting in DUI charges. When such charges occur, it is extremely important to contact a Miamisburg DUI attorney from Horwitz & Horwitz as quickly as possible.
How Can Your DUI Attorney Defend Your Miamisburg DUI Charges?
While the exact defense(s) used for your DUI charges will depend on the circumstances and facts surrounding your arrest, there are several defenses that are commonly used, including:
- You were denied the right to contact an attorney following your arrest.
- The BAC test results are inaccurate due to issues with the machine, an untrained officer, an improperly administered test, or variances in your own individual physiology.
- You were not properly Mirandized
- The initial stop was illegal, or there was an illegal search of your person or vehicle.
- There is no evidence to suggest you were in actual physical control of the vehicle
- The field sobriety tests are invalid or inaccurate because they were not properly administered
What Are the DUI/OVI Laws in Ohio?
There are three ways you can be charged with a DUI or OVI under Ohio law. These include:
- Operating a motor vehicle with a BAC of 0.08 percent or greater (0.04 percent for those with a CDL license, and 0.02 percent for those under the age of 21).
- Being under the influence of any controlled substance that can have an adverse effect on your driving ability.
- Operating a motor vehicle with a specific concentration of controlled substances in your body.
If you are charged with a DUI/OVI based on the level of alcohol or drugs in your system, you will be charged with a “per se OVI,” meaning the prosecutor is not required to prove your driving ability was impaired. If you refuse a chemical test on a first DUI, you will face a one-year suspension of your driver’s license and a 30-day waiting period to apply for limited driving privileges. There are two “tiers” of DUI charges based on your BAC. If your BAC is between 0.08 and 0.16 percent, you will be charged with a “standard” DUI. A BAC above 0.16 percent is a high-tier DUI.
Penalties for a first-time low-tier or standard DUI include three days to six months in jail, fines from $375 to $1,075, and a license suspension from one to three years. Penalties for a second low-tier DUI include ten days to six months in jail, fines from $525 to $1,625, and a license suspension of one to seven years. A first-time high-tier DUI will result in a mandatory three days in jail and three days of a driver intervention program along with the same penalties as a low-tier first-time DUI. A second high-tier DUI will result in a mandatory twenty days in jail or ten days in jail and thirty-six days on house arrest, along with the same penalties as a second low-tier DUI offense.
Why Should You Hire a DUI Attorney?
Handling your own DUI case is virtually never a good idea. Consider the following reasons you should consider hiring a Miamisburg DUI attorney:
- You will receive immediate help.
- Your DUI lawyer knows the case against you—the police and prosecutor will not tell you if the case against you is weak.
- A DUI lawyer will not only fight your criminal charges, but they will also fight for your driving privileges as well.
- DUI lawyers deal with these charges every day, so hiring a Miamisburg DUI attorney ensures you will have a professional in your corner fighting for your future.
- Your case could go to trial and there are few individuals who have the legal knowledge and the self-confidence to argue their own case in court.
If You’ve Been Charged with a DUI, Horwitz & Horwitz Can Help
If you are facing Miamisburg DUI charges, you need an experienced attorney you can trust. You need an attorney that has experience, knowledge, and skill, as well as a familiarity with the local prosecutors, courts, and judges. The Horwitz & Horwitz attorneys have all those qualities and will help you achieve the best results possible following your DUI charges. Our attorneys have forty-five years of combined experience to use on your behalf. We understand that every case is different, based on the circumstances and facts of the case as well as whether you have a prior criminal history. With the help of a skilled Horwitz & Horwitz attorney, you stand the best chance of a result that is as positive as possible. Contact Horwitz & Horwitz today for superior legal representation in a client-centric atmosphere.