Frequently Asked Questions About OVI

Individuals facing OVI/DUI charges have a number of questions. Here, we try to address a few of the most common queries:

"I am probably at fault. Do I really need a lawyer?"

The government prosecuting you is represented by a lawyer. The judge is a lawyer. Neither of these two can lend you any assistance. You have no one with you to make sure you are treated fairly. If you are concerned about a driver's license suspension, privileges, avoiding the "scarlet letter" DUI OFFENDER license plate or minimizing your fines or jail time exposure, having a lawyer at your side is essential.

"Should I blow into their machine?"

If you find yourself asking this question, it means most likely the officer has arrested you or is about to no matter what your response is. We have never met an officer who has reversed a decision to arrest when someone has blown under the legal limit. The police are hoping for additional evidence to support a prosecution for OVI. We generally advise against providing additional information to police officers who have already decided to charge you with a crime. Moreover, the newest machine, the model 8000, has some serious questions about its reliability, and so we do not suggest a client ever take a chance with it.

"Can my charges be reduced or dismissed?"

In many cases, an experienced attorney can help reduce OVI charges to a reckless allegation charge — or have the charges dismissed outright. In such efforts, a range of factors come into play. This includes the results of your field test (if you agreed to take one), whether anyone was injured as a result of your driving, your previous driving record, your general conduct with the arresting officer and related considerations.

A lawyer will know how best to present your case. Likewise, a knowledgeable and aggressive attorney knows how to identify weaknesses in the prosecution's case — such as the use of inadequate field test machinery or other procedural errors — and use them to your advantage.

If you need assistance in your OVI matter, reach out to Arenstein & Gallagher. We have a record of success in helping our clients achieve the best possible legal outcomes. You can contact us online, or call us at 513-823-3012. Initial consultations are always free.