If you or a loved one has been charged with driving under the influence or any criminal offense, you need an experienced, aggressive, and trustworthy attorney.

"Call me. I am here to help."

John Heilbrun is one of Cincinnati's most experienced criminal defense attorneys with over 28 years of experience. He is a member of the Ohio and Greater Cincinnati Criminal Defense Lawyers Associations and was the former Chairman of the Criminal Law section of the Ohio Academy of Trial Lawyers.

Ohio's DUI Law
Ohio's DUI law is quite complicated. For purposes of this explanation, you should know there are really two laws that apply to DUI. One, "Driving Under the Influence," bases conviction upon the observation of physical indications that historically point to alcohol influence. Another, "Driving with a Prohibited Level of Alcohol in Breath, Blood or Urine," addresses your driving any vehicle with a prohibited level of alcohol in your breath, blood or urine.

Driving Under the Influence
The first law, states it is illegal to drive while under the influence of alcohol, drugs or both. No scientific tests are necessary and, ordinarily, this violation is based upon a police officer's observations of your driving, physical appearance, and responses to what are called "field sobriety tests" - a series of tests prescribed to test your mental and physical abilities. Generally, a conviction of this law is based upon testimony of the arresting officer and other witnesses who had an opportunity to observe you.

Driving with a Prohibited Level of Alcohol in your Breath, Blood or Urine The second law for which you can be charged is the so-called "per se" violation. In effect this law states, notwithstanding your ability to pass physical dexterity tests, you are not permitted to drive with a prescribed level of alcohol in your breath, blood, or urine. This is the law, in Ohio, that mandates you can not drive a vehicle with a level of .08 or more of alcohol in your breath. Blood and urine have different mandated levels, but these tests are used so infrequently, I will limit my discussion to breath tests.

To be convicted of this violation, the governmental authority offers into evidence scientific tests proving the level of alcohol. In most instances a breath testing device is used , normally referred to as a "breathalyzer." The government need not introduce any other evidence. This law does not require proof that your mental and physical abilities are affected by your intake of alcohol.

Effect of a Conviction of Either of These Laws
The penalties for being convicted of DUI can be quite sever. The severity of your penalties depends upon the number of DUI convictions within the past five years. The following chart outlines the possible penalties. Note the mandatory jail time required and mandatory license suspension:

In addition to the mandatory jail time and fine, other costs , which can be equally devistating, accompany a DUI conviction. These include court costs, increased liability insurance rates, employment problems, and professional counseling fees.

Ohio's new DUI law also dictates other penalties, notwithstanding those related to a DUI conviction. These include the "Administrative License Suspension," and mandatory vehicle confiscation.

Administrative License Suspension
Ohio law requires that your right to drive be immediately suspended, without trial, under certain circumstances. Your licence will be immediately suspended if you refuse to participate in the taking of a sample of your breath, blood or urine. If you agree to subject yourself to testing, your license will be immediately suspended if the test shows an alcohol level above those permitted for breath, blood, or urine. Therefore, if you take a breathalyzer test and the test shows an alcohol level of .10 or greater, your license will be immediately suspended. Again these mandatory suspensions are enhanced if you have prior DUI convictions in the last 5 years. See Figure 1 for periods of license suspension and enhancements.

Impoundment, Immobilization and Seizure
In addition to the sever penalties and license suspension, the state mandates the immobilization or seizure of your vehicle after multiple convictions of DUI. The following chart enumerates these:

It is important to note these penalties can be inflicted upon the owner of the vehicle even if the owner was not driving. If it can be proven that the owner knew or had reason to know that the driver was driving under the influence or that the driver was under a suspension for DUI, the owner's plates can be confiscated, their vehicle immobilized for the mandatory period, or the car seized and sold! If you are an owner you should be aware of the "innocent owner's" provisions of the law and protect your rights.

Fees
Minimum fees and retainer payments are also charged for DUI and Criminal cases. The total amount of the fee depends upon the offense(s) with which the client is charged and the manner in which the case is resolved. That decision is made by the client following my investigation of the facts and the law and a discussion with the client outlining the alternative ways in which the case can be resolved, the fee that will be charged for proceeding in accordance with each available alternative, and my advice to the client.