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DUI Law
I recommend familiarizing yourself with all of the included topics. You may, however, click on any of these subjects for quick access.
DUI IN OHIO
Ohio has long had one of the toughest DUI laws in the country. Nonetheless, in the summer of 2000, a new bill was passed by the Ohio General Assembly, and signed by the Governor, which even further strengthened penalties against drunk drivers. Even more recently, Ohio joined the majority of states in lowering the BAC threshold, as measured in the blood, breath or urine, from .10 to .08.
Almost everyone knows that the minimum penalty for a first offense DUI is 3 days of incarceration together with the imposition of a fine. However, beginning in the summer of 2000, your blood/breath alcohol content (BAC) may result in a greater penalty. Under current law, any person found to have a prohibited BAC of .17 or more is now subject to a mandatory period of incarceration of 6 days. Moreover, if your BAC exceeds .17 and this is your 2nd offense within 6 years, the penalty is enhanced from a mandatory period of incarceration of 10 days to a period of 20 days. Also keep in mind that license suspensions, vehicle immobilizations, forfeitures, fines, and increased insurance premiums will all need to be considered when you're charged with DUI.
Jeffrey C. Zilba has been representing persons accused of DUI for over 14 years. He has been successful in both the Ohio trial courts and courts of appeals in obtaining fair results for his clients. DUI is a very serious charge! Do not entrust this important legal matter to counsel unfamiliar with the law. The manner that your case is handled WILL have life-long consequences. It is highly recommended that any one charged with this offense contact an experienced attorney for representation.
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WHAT TO DO IF ARRESTED
First and foremost, always be respectful and polite to any law enforcement officer(s). Never argue with them or challenge their authority-- this is a battle you will lose. Remember, they are doing their job.
Remain in your vehicle after being stopped. Provide the officer with your vehicle registration and license. DO NOT answer any questions concerning whether you have been consuming alcohol. DO refrain from too much conversation with the investigating officer(s). DO indicate to the officer that you are willing to fully cooperate but would like to speak with your lawyer first. Because of Ohio's new law, I generally recommend my clients DO NOT consent to a chemical test of their blood, breath or urine. Obviously, this is a general rule and must be decided on a case-by-case basis. I further suggest that my clients DO NOT agree to perform any field sobriety (roadside) tests offered by on-the-scene officers. Fully recognizing that a mandatory license suspension will result from any refusals, I nonetheless, believe my clients are best served by refusing to become the "best witness against themselves." This does not mean that cases in which a breath, urine or blood sample was obtained cannot be defended; it is simply a realization that the less evidence the better. Always remember that it is the prosecutor who bears the burden of proof, not the Defendant.
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I'VE BEEN CHARGED, WHAT NEXT?
If you've had the unpleasant experience of being formally charged with DUI, contact your lawyer ASAP. If possible, call him from the police station. If it is too late, or if you did not think to contact your lawyer, call him as soon as you are able. If you would like to contact me, I do have a 24 hour telephone service. Although, I cannot always be available, I do strive to make my myself accessible as much as possible.
I may be reached at:
Jeffrey C. Zilba
124 N. Summit St.
Suite, 210
Toledo, OH 43624
(419) 255-1515
(419) 255-2332 fax
(419) 283-8373 cell
***You may also contact me via email here:
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WHAT ARE THE POTENTIAL PENALTIES?
As discussed above, Ohio's DUI law is tough! In the event you are ultimately convicted of such an offense, our dui penalties chart may be useful.
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Click here to calculate your BAC.
This is only to be used for amusement and educational purposes.
Remember never drink and drive!!
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Contact us regarding your DUI issues.
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