Legal Question in DUI Law in Ohio

help for 1st time dui

i was pulled over this last friday for omvi and i puffed a .104 on a breathalizer i was in middlefield ohio and i have to go to chardon court i was advized to plead not guilty on my 1st appearance so they can set another hearing for a different day so i can see what they are wanting to do with me so we can try and neopgotiate. what i wanna know is if i will no matter what end up having to serve jail time this is my first offence and i hear from alot of people im in deep and ill put put away for a while im scared any advice?

Asked on 5/19/08, 4:00 pm

2 Answers from Attorneys

Daniel Dismuke Daniel K. Dismuke, Attorney at Law

Re: help for 1st time dui

You almost always want to enter a not guilty plea at the arraignment. The pre-trial gives you an opportunity to gather information and negotiate. There is a broad range on a DUI. There are minimums and maximums and, especially for a first DUI, there is also an opportunity for a treatment program rather than jail. Also an attorney can check the breathalyzer to see if it was even working correctly and look at the video to see if the officer had probable cause to arrest you and ask you to blow into the machine.

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Answered on 5/20/08, 4:07 pm

Joseph Jacobs The Jacobs Legal Group

Re: help for 1st time dui

First time offenders almost always have an opportunity to attend a 3 day class instead of the mandatory 3 day jail. Since you blew just a little bit over the .08 limit, you have a pretty fair chance of having the DUI lowered to another charge. I dont know how you did on the field sobriety tests, and thats important since that is where the prosecutor will look to determine whether you deserve a break. Finally, you may have legal leverage from any kind of failures on the police officer's part. Either way, this will just simply cost you money and you should be able to avoid any jail. Feel free to contact me directly. 216.952.1990

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Answered on 5/19/08, 10:47 pm

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