At sentencing, a driver's intervention program can be requested to avoid jail. In Ohio, a DUI carries minimum mandatory penalties that affect your freedom, your driver's license, and your wallet. Many times, a DUI cannot be won on a "technicality," but the facts that led to the charge, when considered by a jury, may not demonstrate that you were guilty of a DUI beyond a reasonable doubt.įinally, if you are convicted of a DUI or a lesser offense, it is important to understand what to expect at sentencing. It is important for an attorney who handles DUI charges to have actual jury trial experience. Of course, if the parties cannot reach an appropriate agreement to resolve your case, you have the constitutional right to proceed to jury trial. In many situations, a DUI charge can be plea bargained to a lesser offense. There are a variety of legal and factual issues that can arise in a DUI traffic stop, and having the right attorney could mean the difference between being convicted of a DUI versus a lesser charge. More significantly, a trained, experienced attorney knows how to effectively argue with the prosecutor about the case. Depending on the jurisdiction, having counsel can mean the difference between going to court only once, versus going to court 3 or more times. Hiring counsel can also mean attending fewer court appearances. Perhaps even more importantly, a person becomes eligible for occupational driving privileges as early as fifteen (15) days after an ALS suspension, so if your license has been suspended, acting quickly can enable you to begin driving to work, school, court, and the doctor's office, among other places. 4511.197(A) only gives a person thirty (30) days to appeal an ALS Suspension, so again, time is of the essence to act when charged with a DUI. As mentioned, most DUI charges include an ALS, and there are a limited number of ways to appeal an ALS.
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