WHAT ISSUES DOES A LAWYER HELP YOU WITH IF YOU HAVE BEEN ARRESTED AND CHARGED WITH A DUI OFFENSE?

Since most people already know that "first offender" DUI defendants are suppose to get three days in jail, and since it is assumed that most DUI cases are hard to beat at trial, some might think that a lawyer is useless once one has been arrested and charged with a DUI offense. However, this is very untrue. Attorneys who handle DUI cases are aware of the following DUI issues and, generally, how to handle these issues for their clients:

• The legality of the stop. Sometimes it is illegal for a police officer to pull a person over. A police officer must have what the law calls "reasonable suspicion" before that officer may pull over an automobile. An effective lawyer knows how to discover whether the police officer had the legal authority to pull a person over.

• The legality of administering a "field sobriety test." Before anyone can be arrested by a police officer for a DUI offense, the office must generally conduct what is called a field sobriety test. These tests are usually coordination/comprehension tests designed to see if the driver has certain minimal coordination and comprehension. These tests include the finger to nose test, walking in a straight line, counting backwards or reciting the alphabet. The officer can also conduct what is called a horizontal gaze test. The officer will ask the driver to follow his finger to see when the driver's eyeballs begin to flutter. Before all of these tests are administered, the officer must have some "reasonable suspicion" that the driver has been drinking. This "reasonable suspicion" can be gained from a number of things, including watching the driving patterns of the driver (i.e. before the driver was pulled over), glassy eyes and the odor of alcohol around the driver. This "reasonable suspicion" must, for the most part, be separate from the "reasonable suspicion" needed to pull the automobile over in the first place. An effective lawyer knows how to determine whether the officer had this "reasonable suspicion," or whether the officer just decided to administer the field sobriety tests for other reasons.

• The method of administering a "field sobriety test." Once the officer has "reasonable suspicion" that the driver is intoxicated (and thus has grounds to administer the field sobriety test), the officer must still administer that test in the right way. An effective lawyer knows how to determine whether those tests were conducted in the proper way.

• The DUI machine. In the event the driver fails the field sobriety tests, the officer is then free to arrest the driver for DUI, and then escort the driver to the police station to submit to a breath or urine analysis. Most police stations have a machine commonly referred to as a "breathalyzer," which is a machine which can, for the most part, very effectively measure the amount of alcohol in a person's breath. Under Ohio law, any person who has been issued an Ohio driver's license has, as a condition to the issuance of that license, unconditionally consented, anytime upon request, to submission to a test of his or her breath, blood or urine for the presence of alcohol. However, there are some rigorous procedures that these machines must go through in order for results from these machines to be admitted at trial. These procedures include regular "calibration" of, and placement of, these machines. An effective lawyer knows how these machines are to be used and how they are to be maintained.

• Past DUI offenses. The more times one is arrested for DUI offenses, the more severe the penalties (as further described below). An effective lawyer knows what prior offenses the court can take into consideration in passing sentence.

• Getting an automobile out of impoundment. If a driver is arrested in a DUI offense, his automobile can be seized by the arresting officer. Further, this automobile can eventually be forfeited to the State of Ohio if the driver has had enough prior DUI convictions. Sometimes, however, the automobile is owned by another person (i.e. other than the driver). An effective lawyer can see that an automobile is returned to the proper owners as soon as possible.

• Getting the driver's license back. A driver's license can be suspended for specified minimum periods of time once a driver is convicted of a DUI. However, once the license suspension period is over, the Bureau of Motor Vehicles will not simply send the license back to the driver. The driver must know when to request the license back, where to request it and how much it will cost (or can cost). Many drivers think they can simply start driving once the suspension period is over. Not true. There is a specific "reinstatement" process, with specific procedures and specific costs. An effective lawyer knows when and how to get the license back.