It is not illegal to drink and drive in Ohio. However, it is illegal to drive under the influence, which is driving with a blood alcohol content of .08 or higher. Proving that you were driving under the influence can be a difficult thing for the state to do.
At The R. Paul Cushion, II, Esq. Law Firm in Cleveland, Ohio, we protect the rights of individuals in northwest Ohio who have been charged with drunk driving. We offer a free initial consultation to evaluate your case.
What if I Blew Over .08?
Just because you failed a Breathalyzer or blood test does not mean that the state can prove you are guilty of drunk driving. It may be possible for an experienced defense attorney to challenge the state's evidence. Here are some issues we will explore:
- Did the police have a legal reason to stop you? Law enforcement officers need probable cause to pull you over. If the stop was simply a fishing expedition, all evidence gathered after the stop may be suppressed.
- Did the police have probable cause to administer the field sobriety or Breathalyzer test? The police need additional probable cause to suspect you of drunk driving before they can ask you to blow, or those results may be suppressed.
- Did the police follow proper procedures? Law enforcement officers need to follow proper administrative procedures to arrest you and administer the blood alcohol test at the police station, or those results can be suppressed.
Given the consequences of a DUI conviction — suspension of your driver's license, possible loss of your employment, heavy fines, high-risk insurance costs and possible jail time — it only makes sense to talk to a defense lawyer about your case.
Attorney R. Paul Cushion is a former assistant prosecuting attorney who understands how the state handles DWI/DUI cases. Understanding how the state handles DUI/DWI cases helps him identify mistakes that may lead to a reduction or dismissal of charges.
Contact Cuyahoga County Drunk Driving Defense Lawyer Paul Cushion
For more information or to schedule a free initial consultation, call Cleveland DUI/DWI lawyer R. Paul Cushion toll free at 888-314-0558 or fill out the contact form on this website.