Why Get A Lawyer?

Convictions, even for a first offense, can result in:

~ Suspension of your license for up to three years

~ Jail time (up to 180 days) Fines (up to $1075.00)

~ Increased rates of (or cancellation of) auto insurance

~ Increased rates for life insurance

~ Extensive periods with absolutely no ability to legally drive

~ Restricted (yellow) plates, Ignition interlock (blow to drive) and consequently, Loss of employment or difficulty getting a job.

~ Public record of the conviction for 50+ years

There is no “set sentence” for first OVI DUI offenders, only mandatory minimum sentences and penalties, more severe sentences and penalties can be and are imposed upon first offenders.

There are many opportunities and much potential for law enforcement to make mistakes or violate your rights. Attorney Bucher understands what the important issues are in OVI / DUI cases and has successfully used these issues to obtain reductions and dismissals for his clients in many cases.

The Stop

An OVI typically begins with a traffic stop. If the traffic stop is not valid then all the “evidence” collected by law enforcement after the stop can be suppressed so it cannot be used against you at trial.

Requesting Field Sobriety Tests Be Done

After a valid traffic stop, law enforcement must have a “reasonable articulable suspicion” to request that a person submit to field sobriety testing (more on “passing” those tests below). If law enforcement cannot meet this standard, they have violated your constitutional rights.

Conducting Field Sobriety Testing

Field Sobriety Tests (FSTs) have very specific guidelines that Law Enforcement must substantially comply with for the tests to be admissible and for them to be used as probable cause for arrest. These standards range from the appropriate conditions for testing, what must be said, specific questions that must be asked, what effect specific medical conditions have on testing, and how long the tests must take to name a few. An attorney that knows the tests well, to the smallest details, can identify mistakes and irregularities that display to the court that the “substantial compliance” standard was not met. This is done through analysis of reports, video, and through cross examination of law enforcement at suppression hearings.

Breath Testing (“Blowing”)

Breath Testing is a heavily regulated area with a vast amount of standards to adhere to. Operators and Calibrators must be properly certified, the machines must be calibrated at minimum time intervals, calibration solutions must be stored in certain ways, tests mus be done within certain time constraints, a plethora of standards must be adhered to in taking individual tests (these machines are not the simple devices that are often seen in bars that give instant readings for a quarter), and even if all that is done correctly the machine must be monitored for scheduled maintenance and unscheduled repairs (sometimes very major repairs) that took place around the time of your test.

Additionally, the introduction of a new breath testing device in Ohio (the Intoxilyzer 8000) has created headaches for attorneys who do not focus on these cases and don't keep up with the current trends, many times these attorneys are at a loss as how to challenge the machines. Attorney Bucher has had extensive experience and great success keeping 8000 test out of his clients cases for more than a year.

Medical Issues

Your specific medical circumstance and physical limitations can cause both field sobriety testing and brethalyzation to be wildly inaccurate. Essentially a person can appear to be impaired when they are not and certain conditions can cause false increases in the BAC readings the machine generates.

Other Issues

While these are some of the major areas to look at, they do not create anywhere near an exhaustive list. There is specialized case law and established procedures regarding the handling of blood and urine when those testing procedures are utilized. Chains of custody must be established and maintained. Typical constitutional protections like Mirandizing (reading of rights) must be done appropriatly or verbal statements can be excluded. Issues with video (typically dash cameras) have recently caused some changes in the case law regarding due process violations. The list goes on and on.

WITHOUT A COMPETENT OVI ATTORNEY, YOU WILL NEVER KNOW IF THESE REGULATIONS WERE FOLLOWED, IF YOUR TEST (IF TAKEN) WAS ACCURATE, OR IF YOUR RIGHTS WERE VIOLATED. THIS CAN BE THE DIFFERENCE BETWEEN AN OVI, A REDUCTION, OR A DISMISSAL.