James F. Bogen, Esq. -  Ask an Attorney columnist attorneybogen@yahoo.com........Archive / Bio
			Updated: May 8, 2008
More Things You Need to Know About DUI Cases
In any municipal court in Ohio on any given day, you will see a significant number of people charged with DUI who choose to just plea as charged without an attorney.  What many of these people do not realize that the penalties for a DUI in Ohio are far more than they are for just a simple traffic ticket, and the consequences can be more far-reaching than for most misdemeanors.  A DUI is a criminal conviction that cannot be expunged (meaning it stays with you for the rest of your life), and it must be disclosed on job, housing, and financial applications.  DUI is a First-Degree Misdemeanor, which is the highest level for a misdemeanor in Ohio- one level below a felony.  Defendants who plea as charged without an attorney often do not realize the full impact their decision until it is too late.  As I partially covered in my previous column about DUI cases, the consequences include mandatory jail time, fines, possible loss of driving privileges, possible vehicle forfeiture, embarrassing yellow license plates and higher insurance premiums.
Obviously, the consequences are more serious if you have a subsequent DUI.  That is why you want to do it right the first time if you are unfortunate enough to be charged with one.  As I mentioned in previous column about DUIs, there are often issues to address regarding whether or not the field sobriety tests were administered correctly.  Any knowledgable DUI attorney knows that if these tests are not administered correctly, they can produce inaccurate results that can lead to an improper DUI charge, the equivalent of a false-positive for a medical test.  However, the problems with DUI cases do not end there.  There are also quite a few ways that a knowledgeable DUI attorney may be able to undermine the breath test results, including:
1.  The test was not administered correctly; for example, the officer did not warm up the machine to the correct operating temperature or ensure an adequately deep lung sample.
2.  The officer was not properly trained or qualified to operate the breathalyzer.
3.  The breathalyzer was not calibrated or maintained properly.
4.  The result was affected by some characteristic of the driver, such as age, lung function, overall strength and size, a condition such as asthma, diabetes, eardrum rupture, ketosis, emphysema, bronchitis, shock or trauma, or hiccuping, burping, vomiting or hyperventilating.
5.  The defendant was exposed to a gas or vapor before the test, such as vapors from painting, floor sanding, varnishing or other activity with chemical exposure.
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6.  A product that can affect the result was used in the driver's mouth, such as mouthwash or adhesive.  Mouthwash will actually make the interlock devices on cars prevent them from being started.
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There are more ways that the breath test results can be called into question, but they are too numerous to list here.  Combined with the issues surrounding field sobriety tests, you can see why there are plenty of reasons why you don't want to go to court without a knowledgeable attorney if you are charged with a DUI.  There are too many things that need to be looked at in these cases.  It is definitely not cheap to get your DUI case properly evaluated and possibly fought in court by a knowledgeable attorney.  However, the consequences are more far-reaching than just the money you would save by going into court without an attorney or with a cheap attorney and entering a plea as charged.
James Bogen is an attorney in solo practice in Cincinnati . Any questions or comments can be directed to Mr. Bogen at attorneybogen@yahoo.com.