Experienced lawyers Serving all the legal needs of Dayton and the Miami Valley.
(937)
227 -3310
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Experienced lawyers Serving all the legal needs of Dayton and the Miami Valley.
(937)
227 -3310
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DUI Special Proceedings By Tony Comunale, Esq  Driving under the influence is a misdemeanor of the first degree, carrying with it the potential maximum penalty of six months in jail. General misdemeanor information can be found here, but a DUI is special circumstance offense. Below is a brief explanation of things to be aware of if you are facing a DUI. The ALS: First, it is important to know that if you have taken a chemical test including, blood, breath, and urine and failed it or refused to take the chemical test there is a second action taken against you that is civil in nature. This is called an "administrative license suspension" or ALS. The law provides that if you either refuse or fail a test your license will be taken regardless of whether you have actually been convicted of a crime. How long will I lose my license? The amount of time that the suspension will last depends upon how many times in the past you have either failed or refused to test. Suspension can range from 30 days to over a year depending on prior convictions or prior administrative license suspensions. What about driving privileges? Driving privileges can be granted after 15 days or 30 days, once again depending on how many prior refusals or failures you have had. It is important to note that the administrative license suspension must be appealed along with defending against the DUI. An experienced DUI attorney will be taking actions to defend you both in the DUI charge, along with the administrative license suspension. Important issues in fighting the DUI: Beating the case before trial As discussed here, in pretrial litigation often times it is appropriate to challenge the evidence presented against you. In a DUI case challenging and having evidence thrown out of court can be crucial to the success of the case. It is important that a full examination of the following factors, along with others, be taken into consideration in a pre-litigation challenge to a DUI arrest: If field sobriety tests were conducted: Were they done in accordance with nationally accepted standards? Was the officer properly trained in the administration of the tests? Were the testing conditions (weather, lights sources) appropriate for administering the test? If a breath test was conducted: Was the machine operator certified? Was there radio interference or electrical interference? Was the temperature and conditions in the testing area appropriate? Was the machine certified and properly calibrated? Were the calibrations checks regular and in accordance with administrative rule? If a blood test was taken: Was the person who collected it properly licensed? Was the lab technician licensed? Were the administrative regulations concerning collection including, proper labeling, storage and handling all followed? These are but a few of numerous elements that must be met, in order for the prosecutor to be allowed to use these types of test results against you. These are important factors in assisting you in defending against a DUI charge and they must be fully explored in order to fully protect your rights. As can be seen from the above a DUI is a special and complex legal action. Do not attempt to go it alone. Hire an attorney experienced in this type of litigation to protect your rights. For a free and confidential case consultation click here.
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