CHARGED WITH DRUNK DRIVING?

If you been arrested for a DUI in Columbus, why not talk to some of the best Defense Attorneys in the state of Ohio….for FREE.  Call 614-454-5010.

The 4 Biggest Mistakes People Make After Being Arrested for DUI in Columbus, By James D. Owen and Todd A. Long, DUI Attorneys at Law.

If you have been charged with Drunk Driving, you should know the 4 Biggest Mistakes people make after being arrested so that you can make the right decisions and obtain the best results possible.

Mistake No. 1:  People incorrectly assume because they took a breath test, and tested over the limit, that they could not win the case.

An over-the-limit alcohol breath or chemical test result does not make a person guilty of drunk driving.  There are many ways that such a test can either be challenged or determined to be inadmissible.  The initial stop could have been made without probable cause.  If so, then all evidence obtained after the stop is inadmissible and cannot be used against you.  Also, standardized field sobriety tests administered by the arresting officer generally serve as a basis for the drunk driving arrest.  If these tests were not properly administered, then those test results, and any subsequent breath or other chemical test results, are all inadmissible and cannot be used against you.  Finally, if proper pretrial motions are filed by your attorney, then in order for the breath or other chemical test results to be admissible, the prosecution must prove that the machine, its operator, and the test administered complies with complex regulations issued by the Ohio Department of Health.  If they don’t, then the tests results cannot be used as evidence against you.  All of these challenges can be used by a properly trained drunk driving defense attorney, to defend your case.

Mistake No. 2:  People hire the wrong attorney to represent them in a Drunk Driving case.

You need to hire an attorney with proven experience defending and winning drunk driving cases.  The attorney also needs to have specialized training in the administration of the Standardized Field Sobriety Tests (SFSTs) used by nearly all police officers to determine whether they have probable cause to arrest you.  This specialized training is necessary because the SFSTs given by the arresting officer often determine whether any chemical or breath test results are admissible as evidence against you in court.  Generally, if the tests were not properly administered, then they cannot serve as the basis for your arrest; and if you were not properly arrested, then any chemical or breath tests that were subsequently given are also not admissible as evidence against you.  The National Highway Traffic Safety Administration (NHTSA), which trains and certifies police officers in the administration of the SFSTs, also offers the same training to defense attorneys.  Make sure that your attorney has received this same training received by police officers from NHTSA.  Otherwise, your attorney will not be able to properly challenge the tests.  Without an attorney highly experienced in defending these cases, it will be nearly impossible for you to navigate through the legal system.  Protecting all of your rights, evaluating the evidence gathered against you, filing motions to challenge the admissibility of that evidence, and understanding the possible defense to your case requires the knowledge, time, and attention of an attorney experienced in defending drunk driving cases.

Mistake No. 3:  People fail to hire an attorney until just before their first trial date.

In order to properly defend your case, you need to immediately hire an attorney so that he or she can file pretrial discovery and suppression motions, obtain records regarding the administration of any breath or chemical tests, and obtain any video made from the arresting officer’s vehicle.  Without performing these tasks prior to trial, even a skilled attorney will not be able to properly defend you.  In order to properly defend your case, you need to hire an attorney as soon as possible.

Mistake No. 4:  People do not exercise their right to remain silent.

You should never talk to a prosecutor or anyone other than your lawyer about your case.  Sometimes a person will think that they will eventually need an attorney, but will believe that no harm will be caused if they meet with the prosecutor first and try to talk their way out of it.  This almost never works, is almost always wrong, and can severely damage your case.  It is critical that you never talk to or receive advice from anyone other than your attorney about your case.

The Owen Firm has a dedicated DUI Attorney in Columbus, Ohio to help you.  To schedule an appointment or just get a free consultation, call us at (614) 454-5010 or toll-free at 1 (888) 454-5070. You can also visit our DUI website at http://www.columbusduiattorneys.com/ and download your FREE DUI Defense Guide.