Cleveland DUI Defense Attorneys

Providing Clients With Aggressive Legal Representation to Fight DUI Charges

When you are facing DUI charges, the consequences can be devastating. You may face jail time, expensive fines and fees, a license suspension or revocation, and more. Aside from legal implications, you may find it challenging to obtain employment, especially in professions requiring you to drive or use company vehicles. Additionally, many individuals convicted of DUI also face social consequences from friends, family, and co-workers that negatively impact their personal lives.

Therefore, having an experienced Cleveland DUI attorney on your side is crucial to protecting your rights, freedom, and personal well-being and ensuring justice is served.

At Watson Kuhlman, LLC, our team of skilled attorneys has extensive experience defending clients against drunk driving charges in Ohio courts. Our attorneys recognize that police officers and prosecutors do not always get it right, and as a result, defendants need strong DUI legal representation.

We understand the law inside and out, so we can provide effective legal representation for even the most challenging cases. Our Cleveland, OH, DUI lawyers work tirelessly to ensure that our clients receive fair treatment throughout their case proceedings, from pre-trial motions to sentencing hearings if needed.

With years of combined experience as Cleveland DUI lawyers, our DUI defense law firm will use every available resource to help you beat your DUI and OVI charges or reduce them as much as possible. Contact Watson Kuhlman, LLC, for a free consultation with one of our knowledgeable Cleveland DWI lawyers at (216) 208-7858.

What Does it Mean to Drive Under the Influence of Drugs or Alcohol?

Driving under the influence of drugs or alcohol (DUI) is a serious crime that can have life-changing consequences. Another term often used in Ohio is OVI, which also stands for operating a vehicle while intoxicated or under the influence of drugs. Often, DUI and OVI are used interchangeably, although many legal professionals are beginning to use OVI when discussing driving under the influence.

Regardless of the terminology, a DUI or OVI charge can result in hefty fines, a jail sentence, suspension of your driver’s license, and being ordered to place an ignition interlock device on your car. Furthermore, having a DUI charge on your record can make it challenging to find employment and housing, as well as affect insurance premiums.

At its core, driving under the influence means operating a vehicle while impaired by any substance, including alcohol, illegal drugs such as marijuana or cocaine, or even legal medications like sleeping pills or cold medicine. Even if you do not seem visibly impaired by the substance you are taking, if it affects your ability to drive safely, then it is considered driving under the influence.

To be legally charged with a DUI, a person must have a Blood Alcohol Content (BAC) of .08 percent or higher in their bloodstream. The blood alcohol content is measured by Breathalyzer tests administered at traffic stops and checkpoints. It is illegal for anyone 21 years old or younger to even have a BAC over .02 percent, as this is considered ‘Zero Tolerance’ for those who are underage.

Although it may seem like Ohio DUI and OVI laws are relatively straightforward, they can be challenging to navigate without legal assistance.

No matter the circumstances in your case, if you have been charged with a DUI, you must hire a defense attorney to provide you with the legal representation you need to protect your rights. One of our qualified Cleveland DUI attorneys will gladly review your DUI charges to determine what legal strategies suit your needs.

What Should I Do if I Am Pulled Over for DUI?

Anyone pulled over for a DUI or OVI should remember several vital steps to make the interaction with the police officer go smoothly. It is important to remember that your actions will be carefully scrutinized from the moment the officer makes contact with you.

Compliance with law enforcement is key anytime they get behind your vehicle and direct you to pull over. Remember to use your turn signal, pull over in a safe location, and put your vehicle in park while you wait for the officer to approach you.

Most law enforcement agencies utilize body and dash cam video during all traffic stops, so anything you say or do will be recorded and can be used against you. Therefore, treat the officer respectfully and provide them with your driver’s license, proof of insurance, and vehicle registration. However, you should also remember you have the right to remain silent when the officer asks how much you had to drink.

You also have the right to refuse to take any field sobriety test if asked to do so without the risk of having your license suspended. However, even though you can refuse a chemical breath, blood, or urine test, it will most likely result in an administrative license suspension. In most cases, individuals who refuse to consent to chemical tests are arrested, and their licenses may be suspended for at least one year.

The Ohio criminal justice system can be overly complex concerning DUI cases, so it is always best to hire an experienced DUI defense attorney who will fight to protect your legal rights and ensure you are treated fairly. Contact Watson Kuhlman, LLC today so that we may review your DUI case.

What Could Happen if a Person Suspected of DUI Refuses to Submit to Field Sobriety Tests?

Ohio law does not require individuals suspected of DUI to take field sobriety tests (FST). Many motorists mistakenly believe that the purpose of a field sobriety test is to prove that they are not under the influence of alcohol or drugs. Often, law enforcement officers will ask individuals to submit to an FST as if they are a routine part of a suspected DUI investigation.

The purpose of an FST is to provide a police officer with more evidence that the person they have stopped is driving under the influence. However, one of the most crucial factors to keep in mind regarding field sobriety tests is that they are often challenging to pass for those who are not under the influence, much less those who have consumed alcohol or drugs. In other instances, police officers administer FST incorrectly, which could be challenged in court.

Additionally, drivers may have health issues, such as poor balance, eyesight, or mobility, which prevent them from successfully completing the tests. Once an officer has determined that a driver is potentially under the influence, they will arrest them and require them to take a Blood Alcohol Concentration test. (BAC).

In most instances, a BAC test is administered using a Breathalyzer. It is important to remember that state law stipulates that any individual who refuses to submit to a Breathalyzer test faces an automatic driver’s license suspension.

If you have been arrested and charged with DUI, you need the help of an Ohio DUI attorney who will professionally evaluate the state’s case against you.

What Steps Should I Take if I Am Charged With Driving Under the Influence?

The first step when hiring a criminal defense lawyer is to ensure they are experienced in DUI case law. Well-trained attorneys should have a good understanding of the laws and intricacies surrounding DUI charges. Watson Kuhlman, LLC has experienced DUI attorneys who understand that each requirement varies and requires individualized attention.

The next step is to ask questions about the criminal defense lawyer’s experience and approach to DUI cases. Our team will be happy to explain the process and help you make an informed decision about your defense strategy. During your initial consultation, we will discuss any mitigating or aggravating factors that may be present in your case and help you decide on the best course of action.

The third and final step is to review possible DUI or OVI defenses and strategies that may apply in your case. Our attorneys will thoroughly analyze the facts of your case and explore all legal options and defense strategies available to you. For example, we may be able to raise reasonable doubt or challenge the evidence presented in the case. In some cases, mitigating factors can be used to reduce the penalties associated with your DUI charge.

Individuals who have been charged with DUI OVI offenses should never try to handle their cases without the help of an experienced criminal defense attorney.

Instead, one of the best ways to protect your rights and ensure you understand all your legal options is to consult an experienced DUI attorney. Contact our Cleveland, OH, law office today so that we may perform a free case evaluation to determine your legal options.

Can a DUI Lawyer Help Me Get My Charges Dismissed?

One of our client’s most common questions is whether their DUI charges can be dismissed. Ohio DUI charges can be dismissed, but they require the help of a skilled defense attorney who understands the legal intricacies of DUI OVI cases.

One of the most significant aspects of hiring well-qualified legal counsel is they can thoroughly analyze the state’s evidence to determine if your civil rights were violated in any way. For example, after reviewing the dashcam and body cam video, a DUI attorney may be able to determine that the police officer who pulled you over lacked probable cause and argue the case should be thrown out.

In other instances, a DUI attorney can scrutinize the field sobriety and BAC tests executed to assess whether they were performed correctly. A defense attorney may be able to challenge the results, which could lead to the evidence being excluded and the prosecution dropping the case.

Often, a police officer makes errors when administering FST, or the equipment used for determining BAC is calibrated incorrectly. External factors such as poor balance or medication may negatively affect an individual’s ability to perform the tests as directed by the officer.

However, not all DUI cases are the same, and therefore, you must seek legal help from a law firm with a proven record of obtaining favorable client results. The knowledgeable attorneys of Watson Kuhlman, LLC have comprehensive experience creating custom-tailored defense strategies and will work tirelessly to protect your rights.

Why are Field Sobriety Tests Considered So Unreliable?

If you were pulled over for suspicion of DUI, you may have willingly submitted to field sobriety tests (FST). However, field sobriety tests are well-known for producing unreliable results that a well-trained DUI attorney can challenge.

Any law enforcement officer administering field sobriety tests must follow national highway standards. However, after reviewing body cam or dashcam footage, it may be determined that the officer administered the tests incorrectly.

Some of the issues with the three field sobriety tests accepted by National Highway Traffic Safety Administration (NHTSA) include:

• Horizontal gaze nystagmus: This test looks for abnormal eye movement where the driver suspected of DUI follows the tip of a finger or pen. However, the test may be affected by eye conditions of certain medications
• One leg stand: A driver is instructed to stand on one leg while elevating the other 6 inches above the ground to test their balance. However, a person’s balance is easily affected by age, medical conditions, and even their choice of footwear
• Walk and turn: The officer will instruct the suspect to walk heel-to-toe for 9 steps in a straight line, turn around, and then walk back, using the same method while not using their arms to help them balance. However, medical issues such as weak joints or leg pain can result in an individual not being able to perform the test accurately

Even though the findings of FSTs are not always reliable, you need an experienced DUI attorney who can challenge the results. Contact our criminal defense attorneys in Cleveland, Ohio, today so that we may review your case.

How Can DUI Lawyers Challenge the Result of Chemical Tests?

Police conduct chemical tests on an individual suspected of DUI to support their claim that the suspect was driving under the influence of drugs or alcohol. The results of chemical tests play a large part in the prosecution’s case and the potential criminal penalties a defendant may face if convicted.

Ohio is an “implied consent” state, meaning that anyone who is suspected of operating a motor vehicle while under the influence is obligated to comply with chemical tests. Ohio law allows chemical testing to be conducted on several different bodily substances, including:

• Breath
• Urine
• Blood
• Blood serum
• Plasma

In most suspected DUI cases, the police will ask a suspect to submit a chemical sample for testing. However, just as the results of field sobriety and breathalyzer tests can be challenged, the same holds true with chemical tests.

Even though law enforcement agencies often utilize roadside breath tests to determine blood alcohol concentration BAC), it is essential to remember that the results are often unreliable. Some of the most common issues with Breathalyzers include a lack of routine maintenance or calibration that can skew results. Furthermore, if the officer does not administer the test correctly or the suspect has medical issues, these factors can lead to unreliable findings.

Additionally, urine and blood test results may be challenged due to chain of custody, testing, or sample contamination errors.

Due to the numerous issues that are often involved in chemical testing, if you have been accused of a DUI, you must hire a defense attorney immediately. A DUI lawyer will evaluate the chemical test results to find potential errors and, if so, argue that they should be suppressed and not used against you. Contact our DUI defense law firm to learn more about how we can help.

Will My Driver’s License Be Automatically Suspended After Being Charged With DUI?

If you have been arrested and charged with an Ohio DUI, you should familiarize yourself with several legal terms related to your driver’s license.

Immediate Suspension

If you agree to a chemical test and the results reveal you are over the legal limit, the officer can seize your driver’s license, resulting in an immediate suspension.

Administrative License Suspension

If you were stopped for suspicion of driving under the influence and refused a breath, urine, or blood test, the Ohio Bureau of Motor Vehicles will suspend your driver’s license.

Court Suspension

Ohio DUI law mandates that if you are convicted of a DUI, the judge will suspend your driver’s license as part of your sentence. However, the length of time that your license will be suspended will depend on various factors, such as prior convictions, your BAC, whether there were injuries, and whether a minor was in the vehicle at the time.

Individuals can appeal their administrative license suspension with the Ohio Bureau of Motor Vehicles (BMV) within 5 days of their arrest or 30 days of their first court appearance. Another option is to request a limited driving privilege.

It should be noted that an administrative license suspension and a court suspension differ. Unlike an administrative license suspension, a court suspension is considered a part of a criminal sentence. Finally, before restoring your driving privileges, you must follow all court orders and pay a reinstatement fee before legally operating a motor vehicle again.

What are the Criminal Penalties for an Ohio DUI OVI Conviction?

If you have been arrested and charged with DUI, you must understand the potential criminal penalties you may face. Even a first-offense DUI can result in a defendant being sentenced to serve between three to 180 days in jail, a fine ranging from $375 to $1,075, 6 points on their driving record, and a license suspension of one to three years. Individuals who refuse to take a BAC test are subject to no driving privileges for their first 30 days of suspension.

A second-offense DUI can result in a defendant being sentenced to:

• 10 to 180 days in jail
• A fine ranging from $525 to $1,625
• 6 points assigned to driving record
• 5 years of probation
• License suspension of one to 7 years
• Mandatory drug and alcohol assessment
• Mandatory ignition interlock device

A third-offense DUI can result in many of the same penalties as a second offense, such as mandatory drug and alcohol treatment, ignition interlock device, and points assigned to a defendant’s driving record. However, jail time increases to 30 days to one year, a fine ranging from $850 to $2,750, a driver’s license suspension of two to 12 years, and forfeiture of the defendant’s vehicle if registered in their name.

Other consequences include having a criminal record, which can hinder a person’s ability to achieve life goals, along with restricted yellow license plates that start with the letter D, indicating that the driver has been convicted of DUI or OVI, and continuous alcohol monitoring (CAM).

One of the best steps to help avoid a life-changing criminal record is to hire a Cleveland DUI attorney to advocate on your behalf.

When Should I Hire a Cleveland DUI Criminal Defense Lawyer?

Given the severity of DUI penalties, individuals facing such charges should strongly consider hiring an experienced Cleveland DUI lawyer to represent them in court. While it is possible to represent oneself in traffic court, it is often difficult without legal experience or knowledge of the law and its technicalities. DUI defendants often make the critical error of trying to represent themselves only to find that the process is more complex than they originally believed.

Therefore, seeking professional help may be essential for those who want to achieve the best possible outcome in their cases. A strong legal advocate is crucial when fighting a DUI conviction in criminal defense cases. Furthermore, it is essential to get help quickly after being charged with a DUI because the penalties associated with this criminal offense can be severe.

DUI charges can have far-reaching implications for your life, from affecting your ability to drive to hindering your employment prospects. Many insurance providers are also hesitant to provide coverage to individuals who have DUI convictions.

It is essential to have a skilled Cleveland DUI lawyer by your side who can help protect you from harsh penalties and guide you through the court and DUI arrest processes. Our experienced attorneys and legal team work diligently to pinpoint errors or discrepancies in the state’s case against you.

At Watson Kuhlman, LLC, we understand the seriousness of DUI charges and are committed to providing experienced representation for our clients. Our attorneys will work diligently to review your case and help you achieve a successful outcome.

Contact us today to speak with one of our knowledgeable DUI criminal defense lawyers. We are dedicated to protecting your rights and freedom and will vigorously advocate on your behalf.

How Does Hiring a Criminal Defense Lawyer Help Me After a DUI Charge?

When facing a DUI charge, it is essential to understand that the situation can be complicated and intimidating. The legal complexities associated with Ohio laws are the primary reason defendants hire criminal defense lawyers with experience handling DUI cases. With the right legal representative by your side, you can maximize your chances of a favorable outcome.

A well-trained criminal defense lawyer will have extensive knowledge of the local laws regarding DUIs and will work hard to develop an effective strategy for your case. A DUI lawyer can also provide invaluable guidance on how best to proceed with all legal matters, helping you make well-informed decisions along the way. Additionally, they may be able to negotiate with prosecutors or suggest appropriate sentencing alternatives like treatment programs or community service instead of jail time or other penalties.

They will examine the facts and evidence and help you decide whether to plead guilty or not guilty. If you do plead not guilty, a qualified DUI attorney will represent you in court and ensure that all legal procedures are correctly followed. Hiring a DUI attorney helps clients by ensuring that constitutional rights are respected throughout the investigation.

Finally, having a skilled criminal defense attorney provides peace of mind and reassurance. Your Cleveland DUI lawyer will handle most of the communication with law enforcement authorities for you, protecting you from saying something that may incriminate yourself or weaken your case.

Their experience dealing with DUI cases allows them to map out potential issues during proceedings and offer the best advice. At Watson Kuhlman, LLC, Cleveland, OH, our defense attorneys offer clients the quality legal representation they need to ensure they can face the future confidently as we help them work through the criminal justice system.

Why Should I Choose Your Cleveland DUI Lawyers to Help Me With My Legal Matters?

A knowledgeable Ohio DUI attorney will be able to help guide you through the legal system and ensure that your rights are protected throughout the process. Your attorney should also be familiar with local court procedures, standard field sobriety testing, and laws to maximize your chances of a favorable outcome for your case.

Watson Kuhlman, LLC is a criminal defense law office that takes pride in providing quality legal representation to clients facing DUI charges. Our legal staff recognizes that good people often make poor choices that can negatively impact their future.

For this reason, our main objective is to prevent you from receiving a DUI conviction so you can resume your life.

When you come to us for help, we strive to ensure that you receive quality legal services and are kept informed of any progress or changes that may occur.

Our Cleveland DUI lawyers in Northeast Ohio have over 40 years of collective experience in criminal defense practice and know what it takes to get favorable results.

At Watson Kuhlman, LLC, our attorneys are knowledgeable and experienced in DUI defense and fearless when it comes to standing up to prosecutors. Our Cleveland attorneys will fight for your rights and freedom throughout the entire legal process.

If you have been arrested and charged with a DUI or OVI, do not try to handle your case alone. Instead, it is always in your best interest to hire an Ohio DUI attorney like those of Watson Kuhlman, LLC, who will navigate the criminal justice system on your behalf.

Contact our Cleveland law office today at (216) 208-7858 to schedule a free consultation. Our dedicated professionals will determine what legal strategies best suit your needs.