You need to plead NOT GUILTY and hire a good OVI attorney. When you blow over a .17 the mandatory jail time goes from 3 days to 6 days. Meaning you would do at least 6 days in jail and up to 180 days if you just pled guilty. An OVI can never be expunged. Yes, there very well may be problems with the breath test machine that a good OVI attorney could bring up. You are facing a mandatory license suspension as well as 6 points on your record. I would Call Tim Huey, John Saia or Cleve Johnson in that area.
Chet Palumbo Chet Palumbo, Attorney at Law, LLC 1800 Lyons Rd Dayton OH 45458 (937) 435-8100 www.palumbodefense.com
Plead NOT GUILTY. You can always plead guilty or no contest later, but it sounds like there is something not right with your case. Get a GOOD OVI attorney to fight the case. The charge cares mandatory 6 days in jail as a minimum up to 6 months in jail and up to a 3 year license suspension. You won't likely get any where near the maximums, but it is possible. The breath testing machines are just dumb boxes and there are several things that will cause a falsely high reading. Your attorney will be able to determine if the test is accurate or what went wrong. Don't go cheap on an attorney, you will get what you pay for.
100% certainly you should hire a lawyer. A good one too. You are charged with what is known as a high tier ovi. This is anything above a .169 breath alcohol test. This means that all of the minimum penalties are doubled. A first time low tier ovi carries a minimum of 3 days in jail or driving program up to 180 days in jail. The high tier, which you are charged wtih, carries a minimum of 6 days in jail up to 180 days in jail. Your license can be suspended for a very long time and without a good attorney would probably be. Although .23 is high I have seen grown men and women function fairly normally well above that number. There is a possibility that the machine was malfunctioning. Two of the best DUI attorneys are in Columbus and I suggest you hire one of them. Those are Jon Saia or Tim Huey. Do not try to go at this alone. This can impact the rest of your life so you need a good attorney to help you.
Attorney Chris Beck
Beck Law Offic,e L.L.C.
1370 North Fairfield Road
Beavercreek, Ohio 45432
The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client relationship. Attorney Beck is available for private hire and consultation for a fee. Only after Attorney Beck is retained as counsel, or agrees to discuss this matter with you privately, shall he be legally deemed to be your Attorney. His responses herein are an attempt to assist persons temporarily based upon the very extremely limited amount of information provided by the questioner
Breath tests, like computers or any other piece of equipment, are subject to malfunctions and test problems. You need a good lawyer who REGULARLY handles DUI matters to assist you. There may be many issues for motion. Plea NOT guilty and get competent representation.
You should absolutely hire an experienced OVI lawyer and if you are unable to do so before your arraignment you should enter a plea of not guilty. .23 is considered a "high tier" OVI offense and carries harsher penalties. There is always a possibility of a faulty breathalyzer result and an experienced OVI attorney will have the ability to challenge the breath test result among other procedures that must be complied with in respect to the stop and the arrest.
You are not my client and I am not your lawyer. The answer given above is simply a general opinion and is not intended to be relied on for any purpose, it is not legal advice. The first and last advise I would always give on this site is to seek further advise from an attorney licensed to practice in your jurisdiction and who focuses on the area of law your question raises.
This is a great question. The 'right' answer varies from person to person. Generally speaking, pleading not guilty is a better strategy because it will give you time to investigate the details of the case. If you plead not guilty at the first court appearance (the arraignment), you can always plead guilty at a later court appearance. However, if you plead guilty at the arraignment, you will be sentenced (you will go to jail, and you will have yellow license plates), your case will be done, and you cannot change your mind later. I answered this question on my website, and the link to the answer is below. I also wrote a consumer guide that answers this question in more detail. If you'd like a free copy, you can email me through my Avvo profile.
As the others have properly stated, this is a case in which competent legal counsel is essential. The "high test" result does carry enhanced penalties.
Attacking the validity of the breathalyzer results is something a good defense attorney will likely suggest. Doing so may cost more than merely filing suppression motions, but OVI cases are often lost or won based on contesting these results. Call a local defense attorney if you have not already done so.
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