DUI Attorney Cleveland

Defending Your Rights in Ohio

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

This is why having an experienced Cleveland DUI attorney on your side is crucial to protecting your rights, freedom, and personal well-being while ensuring justice is served. Fortunately, the skilled attorneys at Watson Kuhlman, LLC have extensive experience defending clients against drunk driving charges in Ohio courts, and we can use our legal knowledge to benefit you during your Cleveland DUI defense case.

Our attorneys recognize that police officers and prosecutors do not always get it right, and as a result, defendants like you 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, you can trust our DUI defense law firm to 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 Be Criminally Accused of Driving Under the Influence of Drugs or Alcohol in Ohio?

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 a requirement 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 in the future, and it will likely increase your car insurance premiums for a few years after the conviction.

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 have a valid prescription for the substance you’re taking and do not seem visibly impaired by it while behind the wheel, if it affects your ability to drive safely, then it could be considered driving under the influence.

As in nearly all states, the legal blood alcohol limit in Ohio is .08 percent. So, to be legally charged with a DUI, a person must have a Blood Alcohol Content (BAC) of .08 percent or higher in their bloodstream within two hours of being pulled over on suspicion of DUI.

Note that there are some exceptions to this. For example, it is illegal for anyone 21 years old or younger to have a BAC over .02 percent, as this is considered ‘Zero Tolerance’ for those who are underage. The blood alcohol content is measured by Breathalyzer tests that police officers administer at traffic stops and DUI checkpoints. So, if you’re under age 21 and a Breathalyzer determines your BAC is higher than .02 percent, you could be charged with DUI.

Although it may seem like Ohio DUI and OVI laws are relatively straightforward, they can be challenging to navigate without legal assistance. This is especially true when you’re still recovering from the shock of being arrested and charged with a serious offense that could result in a jail sentence and other penalties. Trying to understand legal terms and possible defense options at this time can be difficult, so it’s best to reach out to a Cleveland criminal defense attorney for support after your Ohio DUI arrest.

No matter the circumstances in your case, if you have been charged with a DUI, a defense attorney can provide you with the legal representation you need to protect your rights long-term. One of our qualified Cleveland DUI attorneys will gladly review your DUI charges to determine what legal strategies will best suit your needs, so call our law office today to schedule a free consultation.

What Should You Do if You Are Pulled Over for DUI in Cleveland, OH?

If you were pulled over for a DUI or OVI, it’s helpful to remember some vital steps to make the interaction with the police officer go smoothly. First, you should always keep in mind that your actions will be carefully scrutinized from the moment the officer makes contact with you.

For this reason, 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 later on in your case. Therefore, you should treat the officer respectfully and provide them with your driver’s license, proof of insurance, and vehicle registration when asked.

However, you should also remember you have the right to remain silent when the officer asks how much you had to drink. You do not have to incriminate yourself by admitting that you drank any amount of alcohol or ingested any drug before driving. In fact, doing so could make your defense case more difficult to argue in the courtroom, so it’s essential to speak with a Cleveland criminal defense attorney for legal advice before you provide the police with any details beyond your name and the requested documents when pulled over.

You also have the right to refuse to take any field sobriety test if asked to do so. Refusing this type of test will not cause your license to be suspended. On the other hand, if you refuse to take a chemical breath, blood, or urine test when asked to do so, you could face administrative license suspension, even if it turns out you were not above the legal blood alcohol limit. In fact, 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 throughout your criminal case. Contact Watson Kuhlman, LLC today so that we may review your DUI case during your free initial consultation with our legal team.

What Could Happen If You Refuse to Submit to Field Sobriety Tests in Ohio?

One detail that’s important to know is that Ohio law does not require individuals suspected of DUI to take field sobriety tests (FST) when they’re pulled over. After all, law enforcement officers often ask individuals to submit to an FST as if they are a routine part of a suspected DUI investigation. 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. In reality, 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 for those who have consumed alcohol or drugs. Certain health issues – such as poor balance, eyesight, or mobility – can prevent them from successfully completing the tests. Even being obese, wearing high heels, or having a leg injury can cause a driver to fail a field sobriety test.

In some instances, police officers administer these tests incorrectly or let their biases and preconceived notions affect their interpretation of the results. Either way, a skilled DUI lawyer can use these limitations of the FST to defend their clients in the courtroom, as they can often get the test results thrown out so they don’t affect the case.

Once an officer has used the FST to determine 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. Unlike with field sobriety tests, refusing a BAC test can lead to consequences for the driver, as state law stipulates that anyone who refuses to submit to a Breathalyzer test faces an automatic driver’s license suspension.

If you have been arrested and charged with DUI in Cleveland, OH, you need the help of a criminal defense attorney who will professionally evaluate the state’s case against you. Call our criminal defense law firm today to schedule a meeting with our trusted legal team.

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 dash camera footage, it may be determined that the officer administered the tests incorrectly, which can significantly affect the test results.

In addition, the interpretation of the test results is subjective, which means the police officer who administers the tests gets to decide if you passed or failed. If they already assume you’re guilty of drunk driving, they’ll likely decide that you failed, no matter what your actual performance on the tests may be. This is why it’s recommended that you hire an Ohio DUI attorney who can request to view the video footage of the FST, assuming you agreed to take the tests.

Some of the specific 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 with their eyes. However, the test may be affected by eye conditions or 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, weight, and even their choice of footwear
• Walk and turn: The officer will instruct the suspect to walk heel-to-toe for nine 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 before your initial court appearance.

How Can DUI Lawyers Challenge the Result of Chemical Tests?

Police typically 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 these chemical tests play a large part in the prosecution’s case and the potential criminal penalties a defendant may face if convicted. So, if your DUI/OVI case hinges on blood or breath test results indicating you were over Ohio’s legal blood alcohol limit of .08 percent, you might be worried that you’ll be convicted based on this evidence.

However, experienced Cleveland DUI lawyers will find a way to challenge any evidence against you, and that includes chemical test results. Just as skilled lawyers can challenge FST results in court, they can do the same with blood or breath test results in order to persuade the judge that you’re not guilty as charged. For this reason, it’s important not to give up hope of getting your case dismissed or charges reduced when you hire a lawyer, even if you believe the prosecution’s evidence against you seems solid.

Note that 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 a trusted attorney can challenge the results of field sobriety tests, the same holds true with chemical tests. Even though law enforcement agencies often utilize roadside breath tests to determine blood alcohol concentration, it is essential to remember that the results are often unreliable.

For example, one of the most common issues with Breathalyzers is a lack of routine maintenance or calibration that can skew results, as these devices must be properly maintained and calibrated in order to produce accurate readings. An experienced DUI lawyer might request the police department’s maintenance and calibration records of the Breathalyzer to ensure the results can be trusted. If there is no evidence of proper maintenance, they can request that the DUI/OVI charges be dismissed since the results could be inaccurate.

Furthermore, if the officer does not administer the test correctly or the suspect has medical issues that could affect the results, these factors can lead to unreliable findings. After all, certain foods, medications, and medical conditions could cause a chemical test to falsely register alcohol in the body. Additionally, it’s possible for lab workers to improperly store, handle, or interpret test results. If there is any question as to whether the lab staff mislabeled, contaminated, or improperly stored blood samples, an attorney can argue that the test results cannot be trusted sufficiently to convict the defendant.

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. If they’re able to find any, they will then argue that the results should be suppressed and not used against you. Contact our DUI defense law firm to learn more about how we can help.

What Steps Should You Take if You’re 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 specifically. Well-trained attorneys should have a good understanding of the laws and intricacies surrounding DUI charges in this state. Fortunately, Watson Kuhlman, LLC has experienced DUI attorneys who understand that each case 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 for your criminal case. During the 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 to get the best possible outcome.

The third and final step is to review possible DUI or OVI defenses and strategies that may apply to 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 simply plead guilty or try to fight their criminal charges 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 a skilled DUI attorney. Contact our Cleveland, OH, law office today so that we may perform a free case evaluation to determine your legal options after being arrested for drunk driving.

Can a DUI Lawyer Help Get Your Charges Dismissed?

One of the most common questions we hear from clients is whether their DUI charges can be dismissed. The answer is that 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 lacked reasonable suspicion to pull you over or did not have probable cause to arrest you. They can use this information to try to get the case dismissed.

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, medical conditions, 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 Cleveland law firm with a proven track 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 after your DUI arrest. Call our Cleveland, OH law office today for aggressive representation from our experienced lawyers.

Will Your 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 before you begin your criminal case.

• 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 pulled over 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 that will allow you to drive only to pre-approved destinations, such as work, school, drug or alcohol treatment sessions, or doctor’s appointments. If you’re caught driving anywhere other than these approved locations, you could face legal consequences for driving on a suspended license, so following the rules regarding your limited driving privileges is important.

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. Before restoring your driving privileges, you must follow all court orders and pay a reinstatement fee before legally operating a motor vehicle again. Your Ohio DUI attorney can ensure you understand what to expect when it comes to driver’s license suspension as a penalty of a DUI conviction in this state. Call our Cleveland, OH law office if you’re concerned about the possibility of losing your license after your DUI arrest.

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 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 on their vehicle

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.

Certain aggravating factors can elevate your DUI offense to a felony, resulting in harsher penalties. For example, if this is your fourth DUI within 10 years, you’ll be charged with a felony. If convicted, you could be required to spend 60 days to 30 months in jail and will likely lose your license for at least three years.

If your BAC is .17 percent or higher, you face some severe penalties even if it’s your first offense, as a high BAC is considered an aggravating factor. The punishment for a first-offense DUI with a high BAC can include six days in jail and a mandatory driver intervention program, in addition to fines and license suspension.

If you caused an accident that injured someone and there is evidence you were impaired, you could be charged with aggravated vehicular assault. This is a third-degree felony that could lead to up to five years in prison.

If you caused an accident that killed someone while you were allegedly driving under the influence, you could be charged with aggravated vehicular homicide, a second-degree felony in Ohio. If convicted, you could be sentenced to more than two years in prison, up to $15,000 in fines, and other serious penalties.

Another consequence of a DUI conviction involves having a criminal record, which can hinder your ability to achieve life goals in the future. This is particularly true if you’re convicted of a felony. In addition, you’ll likely have to use a restricted yellow license plate that starts with the letter D, indicating that you were convicted of DUI or OVI.

Depending on the details of your case, the judge might order you to avoid alcohol for a specific amount of time. If this happens, you could be required to wear an ankle bracelet – called Continuous Alcohol Monitoring (CAM) – that can detect alcohol in your system and will immediately report any violations to the court.

If you’re worried about how a jail sentence, expensive fines, and suspension of your driving privileges could affect your life, it’s time to fight back against your DUI OVI charges. The best way to do that is to hire a Cleveland DUI attorney to advocate on your behalf so you can avoid a life-changing criminal record.

During our years practicing law in Cleveland, OH, our legal team has successfully defended numerous clients from DUI/OVI charges, criminal traffic violations, domestic violence charges, drug possession allegations, and other criminal charges. If you need assistance handling accusations involving DUI/OVI offenses or other serious criminal matters, call our law firm today for the chance to keep a clean criminal record.

When Should You Hire a Cleveland DUI Criminal Defense Lawyer?

Given the severity of DUI penalties, anyone facing such charges should strongly consider hiring an experienced Cleveland DUI lawyer to represent them in court. While it is possible to represent yourself 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 if you want to achieve the best possible outcome in your case. If you choose this route, make sure you work quickly to get the legal services you need, since your lawyer will need time to closely examine the evidence against you before deciding on the most effective, aggressive defense angle to fight your DUI/OVI charges.

Keep in mind that DUI charges can have far-reaching implications for your life, from affecting your ability to drive to hindering your employment prospects years after your arrest. Many insurance providers are also hesitant to provide coverage to individuals who have DUI convictions on their criminal record.

This is why 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, so you can depend on us to provide the aggressive representation you need.

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, so we look forward to your phone call to our Cleveland, OH law office.

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

When facing a DUI charge, it’s essential to understand that the situation can be complicated and intimidating. The legal complexities associated with Ohio criminal laws are the primary reason defendants hire criminal defense lawyers with years of 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, such as treatment programs or community service instead of jail time or other penalties.

When you bring your case to experienced lawyers, they will examine the facts and evidence before helping you decide whether to plead guilty or not guilty. If you choose to plead not guilty to your charge, a qualified DUI attorney will represent you in court and make sure that all legal procedures are correctly followed throughout the process. In this way, hiring a DUI attorney can ensure that your constitutional rights are respected throughout the investigation.

Finally, having a skilled criminal defense attorney provides the peace of mind and reassurance you deserve. 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 ultimately weaken your case.

A skilled lawyer’s years of experience dealing with DUI cases allows them to map out potential issues during legal proceedings and offer the best advice to clients. At Watson Kuhlman, LLC, Cleveland, OH, our defense attorneys provide clients with the quality legal representation they need to ensure they can face the future confidently as we help them work through the criminal justice system. If you want to learn more about how we can guide you through your case as you face DUI/OVI charges, call our law firm today to speak with trusted lawyers.

Why Should You Choose Our Cleveland DUI Lawyers to Help with Your Criminal Case?

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 regarding your case. Our Cleveland DUI lawyers in Northeast Ohio have over 40 years of collective experience in criminal defense practice, so you can trust that we 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, OH 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, we urge you not to try to handle your case alone. Instead, it is always in your best interest to hire an Ohio DUI attorney from a trusted law firm like Watson Kuhlman, LLC, as our hard-working team will navigate the criminal justice system on your behalf.

Contact our Cleveland law office at (216)-208-7858 when you’re ready to schedule a free consultation. Our dedicated legal professionals will determine what legal strategies best suit your needs as you face DUI/OVI charges, so we encourage you to call today to get started on your criminal case.