COLUMBUS DUI LAWYER
DUI & OVI
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EXPERIENCED DUI LAWYER IN COLUMBUS
With extensive experience as a DUI Lawyer and former Franklin County Prosecutor, I possess in-depth knowledge of how the prosecution will present their evidence. My background ensures you receive a robust defense against drunk driving charges and reliable legal guidance.
HOW WE WILL DEFEND YOU
- First, we will delve into the circumstances surrounding your DUI charge, address your inquiries, and provide an honest evaluation of your legal options.
- Next, we thoroughly investigate potential rights violations during evidence collection, such as unlawful stops, searches, proper police procedures, field sobriety tests, and blood or breathalyzer tests.
- We challenge the Prosecution’s case and cast doubt to secure a favorable outcome.
What Our Clients
Are Saying
Nathan Akamine has been recognized as one of the top Columbus criminal defense lawyers in the region. Let Akamine Criminal Defense Law fight for you.
What Our Clients
Are Saying
Nathan Akamine has been recognized as one of the top Columbus criminal defense lawyers in the region. Let Akamine Criminal Defense Law fight for you.
Possible DUI Consequences in Ohio
It’s important to remember that these are only possible consequences. Regardless of if this is your first or fifth DUI charge, we can fight it.
1st Offense in 10 Years
(Below .170 BAC or simple impaired)
- Degree of Defense: Misdemeanor 1.
- Jail Time: 3 days jail (or DIP*) up to 6 months.
- Fines: $375-$1,075.
- Treatment: Optional.
- License Suspension: 1 – 3 years.
- Driving Privileges: After 15 days (30 if refusal).
- Restricted Plates/IID**: Optional.
(Above .170 BAC or refusal with prior in 20 years)
- Degree of Defense: Misdemeanor 1.
- Jail Time: 6 days jail (or 3 days + DIP*) up to 6 months.
- Fines: $375-$1,075.
- Treatment: Optional.
- License Suspension: 1 – 3 years.
- Driving Privileges: After 15 days (30 if refusal).
- Restricted Plates/IID**: Plates required. IID** optional.
2nd Offense in 10 Years
(Below .170 BAC or simple impaired)
- Degree of Defense: Misdemeanor 1
- Jail Time: 10 days jail (or 5 days jail and 18 days HAEM*** and/or CAM****) up to 6 months.
- Fines: $525-$1,675.
- Treatment: Alcohol/Drug Assessment with recommended treatment mandatory.
- License Suspension: 1 – 7 years.
- Driving Privileges: 45 days (90 if refusal).
- Restricted Plates/IID**: Plates required. IID** required if alcohol-related, optional if drug-related.
- Additional Punishment: 90 days vehicle immobilization.
(Above .170 BAC or refusal within prior 20 Years)
- Degree of Defense: Misdemeanor 1.
- Jail Time: 20 days jail (or 10 days jail and 36 days HAEM*** and/or CAM****) up to 6 months.
- Fines: $525-$1,675.
- Treatment: Alcohol/Drug Assessment with recommended treatment mandatory.
- License Suspension: 1 – 7 years.
- Driving Privileges: Restrictions: 45 days (90 if refusal).
- Restricted Plates/IID**: Plates required for above .170 test, option for refusal. IID** required if alcohol-related, optional if drug-related.
- Additional Punishment: 90 days vehicle immobilization.
3rd Offense in 10 Years
(Below .170 BAC or simple impaired)
- Degree of Defense: Unclassified misdemeanor.
- Jail Time: 30 days jail (or 15 days jail and 55 days HAEM*** and/or CAM****) up to 1 year.
- Fines: $850-$2,750.
- Treatment: Alcohol/Drug Addiction Program treatment mandatory.
- License Suspension: 2 – 12 years.
- Driving Restriction: 180 days (1 year if refusal).
- Restricted Plates/IID**: Plates required. IID** required if alcohol-related, optional if drug-related.
- Additional Punishment: Possible vehicle forfeiture.
(Above .170 BAC or refusal with prior in past 20 Years)
- Degree of Defense: Unclassified misdemeanor.
- Jail Time: 60 days jail (or 30 days in jail with 110 days HAEM*** and/or CAM****) up to 1 year.
- Fines: $850-$2,750.
- Treatment: Alcohol/Drug Addiction Program treatment mandatory.
- License Suspension: 2 – 12 Years.
- Driving Privileges: 180 days (1 year if refusal).
- Restricted Plates/IID**: Plates required. IID** required if alcohol-related, optional if drug-related.
- Additional Punishment: Possible vehicle forfeiture.
4th or 5th Offense in 10 Years – OR – 6th Offense in 20 Years.
(Below .170 BAC or simple impaired)
- Degree of Defense: Felony of the 4th Degree.
- Jail Time: 60 days local incarceration up to 1 year or 60 days in prison with option of additional 6 to 30 months.
- Fines: $1,350-$10,500.
- Treatment: Alcohol/Drug Addiction Program treatment mandatory.
- License Suspension: 3 Years to lifetime.
- Driving Privileges: After 3 years.
- Restricted Plates/IID**: Plates required. IID** required if alcohol-related, optional if drug-related.
- Additional Punishment: Possible vehicle forfeiture.
(Above .170 BAC or Refusal)
- Degree of Defense: Felony of the 4th Degree.
- Jail Time: 120 days local incarceration up to 1 year or 120 days in prison with option of additional 6 to 30 months.
- Fines: $1,350-$10,500.
- Treatment: Alcohol/Drug Addiction Program treatment mandatory.
- License Suspension: 3 Years to lifetime.
- Driving Privileges: After 3 years.
- Restricted Plates/IID**: Plates required. IID
- Required if alcohol-related, optional if drug-related.
- Additional Punishment: Possible vehicle forfeiture.
How can I fight a DUI charge?
Drunk driving charges can differ greatly depending on the specifics of the situation and the past record of the accused. Since a DUI conviction can’t be expunged from your record, the ideal outcome for someone arrested for DUI is to either defeat the charge or negotiate a plea to a lesser charge. As your DUI Lawyer, these are some of the areas I’ll explore to build the best defense and get the best possible results:
COMMON OVI / DUI ISSUES:
One of the first things we investigate is whether the officer had reasonable suspicion to pull you over in the first place. Next, we investigate whether the officer had the right to detain you in order to conduct an OVI / DUI investigation. Finally, a totality of circumstances must be considered to determine if probable cause to make an arrest existed. Without a justification for any one of the preceding, the case may have to be dismissed.
BREATH/BLOOD/URINE TESTS:
Submitting to a test and testing over the legal limit is not determinative of the outcome. Failure to conduct a breath, blood, or urine test in accordance with the Ohio Administrative Code can result in its exclusion from evidence. It’s not uncommon that law enforcement agencies fail to comply with the highly technical administrative requirements. More about failed breath or blood alcohol tests. ➤
STANDARDIZED FIELD SOBRIETY TESTS:
The National Highway Traffic Safety Administration (NHTSA) has established guidelines for administering standardized field sobriety tests (SFSTs). If it is shown that the test did not comply with those guidelines, the evidence may be suppressed. More about common DUI Police mistakes. ➤ I have been certified in the proper administration of SFSTs. I have also been certified on how law enforcement is trained regarding SFSTs. This experience has proven invaluable and prevented numerous SFSTs from being used against my clients.
SEEKING REDUCTION OF CHARGES:
In cases where a dismissal is not possible and a trial is not in the client’s best interest, we are often able to convince the prosecutor to reduce the DUI charge to a non-moving offense. This avoids a DUI conviction and has the added benefit of avoiding points on your license. Most importantly, unlike the DUI charge, this reduction carries no mandatory minimum penalties.
PROTECTING YOUR DRIVING PRIVILEGES:
For most of us, driving is essential for work, school, and other responsibilities. Pursuant to Ohio Implied Consent Law, your license was likely seized by law enforcement following the arrest. You should have received an Administrative License Suspension Form setting the terms of the suspension. We are often able to stay the suspension at your first court hearing which will allow you to drive immediately. Furthermore, it’s common for errors on the form to result in the termination of the suspension in its entirety.
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What does DUI & OVI mean and is there a difference between them?
They are both acronyms. “DUI” stands for “Driving Under the Influence”, while “OVI” stands for “Operating a Vehicle while Impaired”. Both refer to drunk or impaired driving. In the State of Ohio there is no difference between them.
Can I be charged with DUI/OVI if the drugs were prescribed to me?
The short answer is yes. Whether the drugs are prescription, over-the-counter (OTC), or illegal, they may impair your driving ability due to side effects. In the eyes of the law, it is your responsibility to know the effects of medication and whether they impair your ability to drive.
Will a DUI go on my permanent record?
Yes. However, if you were arrested but the DUI charges were later dropped or reduced, only the dismissal or reduction will show.
How long will a DUI stay on my record?
In Ohio, a DUI conviction adds 6 points to your driving record. The points drop off after two years. However, the DUI conviction itself remains on your record forever. A DUI / OVI cannot be expunged under current Ohio Law.
Will a DUI conviction show up on my background check?
It depends. A DUI conviction will definitely be reflected in your traffic record. As a result, your car insurance provider will likely categorize you as a “high risk” driver. Your insurance rates typically increase, or your policy may be canceled or denied renewal. A DUI conviction may or may not show on a criminal background check, depending on the type of check that is run.
Do I need an attorney for a DUI charge?
Absolutely. Whether your charge is a misdemeanor or a felony, a conviction brings serious penalties. You face jail time, license suspension or revocation, fines, increased car insurance rates, and other collateral effects of which you may be unaware. At the very least, you should speak with a DUI Lawyer prior to deciding how to proceed.
What if I can't afford to pay a DUI Lawyer?
If you qualify as indigent, the court will appoint a public defender at no charge to you. While public defenders are licensed attorneys, their large caseloads might prevent them from providing the attentiveness necessary to attain the best resolutions to cases. It is almost always in your best interest to hire a personal DUI lawyer.
Is it possible to win a drunk driving case after I was arrested?
Yes. Many charges are the result of faulty test results, faulty testing devices, and police mistakes. Police officers often improperly administer standardized field sobriety tests. Any of these can be a basis for excluding evidence, thereby strengthening your case.
I was never read my Miranda rights. Can my case be dismissed?
Unfortunately, your case will probably not be dismissed. However, once arrested, a Miranda warning must be given if there is to be a legally admissible interrogation while in police custody. If you made incriminating statements in such a situation without Miranda warnings, we may be able to suppress the statements. Suppressed statements cannot be used against you at trial.
Will I go to jail for a DUI conviction?
It depends. If this is your first offense, your chances of avoiding jail time are much greater. However, if you’re facing your second or subsequent conviction for multiple DUIs, Ohio law mandates a jail term. A case involving an injury or death also involves a jail or prison sentence. Even if there is strong evidence against you, an experienced DUI attorney may be able to negotiate a resolution that avoids a jail sentence.
Is it legal to obtain a driver's license in any state if your license is revoked in another state?
Each state has its own motor vehicle laws that need to be consulted to determine the impact of an Ohio suspension/revocation. There are several states that do recognize revocations and suspensions issued in the State of Ohio.
Is the police issued breath test (Breathalyzer) accurate?
This is a highly disputed topic in the legal community. There are many things that can affect the accuracy of a BAC machine. A person’s metabolism, medical conditions, and machine calibration are a few issues that may arise with regard to BAC machine accuracy. There are other reasons why breath tests could be inaccurate.
Is the blood test administered by law enforcement accurate?
It may not be. An alcohol swab should not be used to clean the injection site. Blood must be drawn correctly and stored in an appropriate vial with an anticoagulant. The blood must also be maintained at a proper temperature to ensure an accurate analysis. Read more about possible errors.
*Each case is unique. For personalized guidance, contact an experienced criminal defense attorney – even if it’s not me.
Act quickly after your DUI arrest.
In Ohio, there are critical deadlines for requesting a driver’s license suspension hearing and for filing certain legal motions. It’s in your best interest to contact our firm as soon as possible so we can begin building your defense and ensure all necessary deadlines are met.
Contact Akamine Law to start fighting your DUI charge.
If you or a loved one is facing a DUI charge in Columbus, Ohio, don’t face it alone.
