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Does my son need a lawyer?

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beulah

Junior Member
What is the name of your state (only U.S. law)? Ohio

Son was charged with OVI last night. He had a few beers at a party, but had stopped drinking for awhile (hour-90 minutes?) before operating vehicle. Policeman flashed lights and son pulled into a nearby parking area. Officer berated him for doing that. The initial charge was running a red light. (Son insists it was green, but how to prove that?) Officer proceeded to give him all the field sobriety tests, which he passed. (Approx. 30 minutes.) Officer decided to take him to the station anyway. Once there, he was given a breathlyzer which registered .122?!

I've been reading that the breathlyzer is not the most efficient gauge for blood alcohol levels. I'm also reading that a second test can be requested, but he didn't know that and how much difference would that make?

Thanks for and all advice and input.
 


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Isis1

Senior Member
beulah said:
What is the name of your state (only U.S. law)? Ohio

Son was charged with OVI last night. He had a few beers at a party, but had stopped drinking for awhile (hour-90 minutes?) before operating vehicle. Policeman flashed lights and son pulled into a nearby parking area. Officer berated him for doing that. The initial charge was running a red light. (Son insists it was green, but how to prove that?) Officer proceeded to give him all the field sobriety tests, which he passed. (Approx. 30 minutes.) Officer decided to take him to the station anyway. Once there, he was given a breathlyzer which registered .122?!

I've been reading that the breathlyzer is not the most efficient gauge for blood alcohol levels. I'm also reading that a second test can be requested, but he didn't know that and how much difference would that make?

Thanks for and all advice and input.
Click to expand...

what is your son's previous criminal history? if he has one, of course.

EVERYONE thinks they passed the field sobriety test. well....except me. i KNEW i was caught.

word of a drunk driver over a police officer.....he's not really going to go far with that one. as far as the red vs green light.

a second request for a breathalyzer CAN be requested at the time of the arrest, but too late for that now. it doesn't make any difference for your son.

i'm more of a do it yourself type person. so i would do this without an attorney. first time DUI's usually aren't as rough as the 2nd or 3rd one. and i plan on never getting one again. but if your son is not the type to speak up for themselves, then it's best to get an attorney.
 
FlyingRon

FlyingRon

Senior Member
Everybody thinks they passed the FSTs.

While you can attack the validity of the breathalizer, you can't do it without a lawyer. Frankly, I don't see anything here to indicate he wasn't over the per se limit. You only sober up at about .015% BAC an hour, so 90 minutes is only going to be about the equivalent of one beer.

At this point there's no way to do a second test, so even if that was an option at arrest.
 
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beulah

Junior Member
IsabellaSoriano said:
what is your son's previous criminal history? if he has one, of course.

EVERYONE thinks they passed the field sobriety test. well....except me. i KNEW i was caught.

word of a drunk driver over a police officer.....he's not really going to go far with that one. as far as the red vs green light.

a second request for a breathalyzer CAN be requested at the time of the arrest, but too late for that now. it doesn't make any difference for your son.

i'm more of a do it yourself type person. so i would do this without an attorney. first time DUI's usually aren't as rough as the 2nd or 3rd one. and i plan on never getting one again. but if your son is not the type to speak up for themselves, then it's best to get an attorney.
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Thanks for the quick reply!

I meant to provide this in my initial post.

He is 23 now. When he was 20 and in college, he was charged with underage drinking and open container in vehicle. He was not driving. He did the classes and the charge was expunged from his record, however, will that come up now he's had this charge?
 
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beulah

Junior Member
Thanks for that info

FlyingRon said:
Everybody thinks they passed the FSTs.

While you can attack the validity of the breathalizer, you can't do it without a lawyer. Frankly, I don't see anything here to indicate he wasn't over the per se limit. You only sober up at about .015% BAC an hour, so 90 minutes is only going to be about the equivalent of one beer.

At this point there's no way to do a second test, so even if that was an option at arrest.
Click to expand...
I don't know how those things work, so I appreciate the info.
 
B

beulah

Junior Member
Really worried now

Can anyone give me an idea of what the attorney fees may be? I'm hearing $5000 is the minimum. *gulp*:(
 
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irish77

Member
this is not a criminal case

This is not a criminal case. It's a DUI. I've had 2 DUI's and was involved in an accident when I was a teen when someone broke the law and cross-faced my vehicle. The highest fee I've paid for all of those attornies was $1500. This doesn't even sound like anything more than your run-of-the-mill DUI. He's guilty. That's pretty obvious. The prob cause will come from running the read light, the breathalyzer is the BAC confirm, and well, he was drunk.....

Your son will get the punishment that a first time offender gets in your state. I'm not gonna look it up because this is pretty cut and dry and you'll just need to pay the lawyer to file some paperwork. No biggy.
 
FlyingRon

FlyingRon

Senior Member
irish77 said:
This is not a criminal case. It's a DUI.
Click to expand...
DUI's are fourth degree misdemeanors for the first offense and third degree for the second. It *IS* a criminal case.

For a first offense in Ohio he can expect 3 days in jail, $1000 fine + costs, six month license suspension (occupational license aviallable after 15 days).

Frankly, I wouldn't trivialize the impact. If he's willing to roll over and accept this, have at it. I'd at least consult with a lawyer familiar with the court he will appear in. They can tell you what they can do for you and how much.
 
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