Stiefvater Law, LLC
DUI Lawyers & Criminal Attorneys

216-867-0429

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DUI Lawyer - Beat DUI

Beating a DUI

Your ability to beat a DUI starts with your choice of DUI or OVI Defense Attorney.  The drunk driving defense lawyers at Stiefvater Law, LLC defend you aggressively from the first day you become a client.  Time is not on your side.  Once you have been arrested for DUI or OVI, the time to challenge the administrative license suspension is limited and begins to run.  Call today and protect your rights.  Protect your license.  Protect your reputation.

You need to be aware that with your DUI, you are facing two penalties.  One penalty is civil in nature – the Administrative License Suspension (or ALS).

The other penalty is the DUI charge.  Familiarize yourself with the DUI penalties you are facing and contact a DUI attorney immediately.

In order to set you up for a win, Attorney Stiefvater needs to know facts about you and the facts of your specific case.  DUI charges can be challenged.  DUI charges can be beaten.

The challenges to a charge of drunk driving are numerous.  Starting with the vehicle stop and continuing past the administration of a breath or blood test.

The Stop

Was the vehicle stop investigatory or non-investigatory?  Was there a DUI checkpoint?  There are different legal standards for the different types of automobile stops.  A successful challenge to the initial traffic stop will exclude all evidence obtained thereafter.

Stationary Vehicles

One crucial element of an OVI charge is that the prosecution must prove that you were operating a vehicle while intoxicated.  If you were not operating your car – or if the prosecution cannot establish that at the time you were driving your car you were impaired – you will beat your DUI.

Field Sobriety Tests

Sometime after the initial vehicle stop but before the field sobriety tests, the police officer must obtain “specific articulable facts” in order to prolong the stop to perform field sobriety testing.

Ohio Courts generally recognize three standard field tests: the horizontal gaze nystagamus (the follow the light test); the walk and turn; and the one leg stand.

These tests must be performed in accordance with the standards established by the National Highway Traffic Safety Administration (NHTSA).  If these tests are not administered correctly or by a qualified officer, the results may be held to be inadmissible.

The Blood Alcohol Test (BAC)

The test for blood alcohol is typically performed via a breath test.  Breathalyzer machines are just that – machines.  Machines are capable of error – error with the machine itself or operator error.  Was the machine properly calibrated?  Was the officer qualified to operate the machine?  How much time had passed from the traffic stop to the BAC test?

The potential test issues are numerous.  There can be even more issues when alcohol tests are performed by blood samples.

DUI charges CAN be defeated

In almost every drunk driving case there are issues waiting to be exploited by the OVI Lawyers at Stiefvater Law, LLC.  Call Founding Attorney Robert Stiefvater to discuss your options and obtain a realistic perspective on the outcome of your DUI charge.