Arguing DUI Cases in Cincinnati

by | Feb 5, 2014 | Lawyers

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If you are arrested then charged with a DUI in Cincinnati, you will need to hire a lawyer. It is always best to choose specifically a DUI attorney. Cincinnati lawyers know Ohio law while you do not. They understand what the prosecutors need to show and prove in order for there to be a conviction.

Essential Elements of a DUI Case
If the prosecution wants to obtain a conviction on a DUI in Ohio, they need to show and prove specific characteristics of the case are valid and indicative of an individual who is intoxicated or high on alcohol or drugs. Yet, not only must they prove the inebriation, the state must also provide evidence that the accused was actually driving or had physical control over the specific vehicle while under the influence.

Proof under Ohio Law
In order for the prosecution to prove the individual was intoxicated, he or she may consider two possible approaches. The state will need to produce evidence that shows the individual had physical control of the motor vehicle. He or she can accomplish this according to Ohio law if they can show any of the following applies:

  • The driver’s seat was occupied by the accused
  • The ignition key was in the possession of the accused
  • It was clear the accused was intoxicated or, when tested, he or she was clearly over the legal limit. In Ohio this is 0.08 percent for someone 21 and over and 0.02 for someone younger than 18

Yet, as a DUI attorney is well aware, in Ohio, the state can charge an individual with a DUI even if they are not over the legal limit or are intoxicated. If the individual is found “sleeping it off” in a car or simply sitting in the motor vehicle with the cars in hand, he or she may face a lesser charge of Physical Control Offense (Ohio Revised Code § 4511.194).

It is clear a DUI case is not as simple as many people think it to be. If you are a resident of Ohio and find yourself facing a DUI charge, contact someone who knows the law. Hire a DUI attorney. Cincinnati is home to many excellent defense lawyers who specialize in criminal law and DUI/OVI cases. A good lawyer will be there to guide you every step of the way as the case progresses through court. He or she will do their utmost to obtain the best outcome possible.


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