Many of my clients argue the necessity of legal representation during DUI/OVI prosecution. Other than the obvious penalties, they argue there is little, if any, issues regarding their everyday lives. This may not be true. A prime example of how a DUI conviction can have far reaching affects was just driven home by a recent Ohio Supreme Court case.

In the case of In Re: Corrigan, the Supreme Court struck down a young man’s attempt to take the Ohio Bar Examination and thus, practice law. In that case, the bar applicant (Corrigan) was interviewed by a local bar association as required by the Rules of Admission to the Ohio Bar. During the interview it was revealed that the Corrigan had been arrested previously for DUI and attempts at rehabilitation were met with indifference and failure by the applicant. It is important to note that the DUI conviction arose from an accident that caused serious physical injuries to others, but that aspect of the conviction was not seriously addressed by the court as much as the applicant’s continued failure to address his alcoholism.

As a result, the court sustained the committee’s recommendation that the applicants request to sit for the bar exam be denied but was permitted to apply for a future bar exam but only after he “…first submit[s] to the board a psychiatric evaluation from a psychiatrist or psychologist approved by the board and licensed in the state of Ohio, as well as an assessment from an alcohol counselor certified in the state of Ohio, and demonstrate by clear and convincing evidence that he possesses the requisite character, fitness, and moral qualifications for admission to the practice of law.”

While this might be an extreme example, it does demonstrate the ramifications of a DUI conviction. Many professions requiring licensing will review a person’s application and background to determine if they are of “good moral character,” and deny their application if the committee finds issue with the applicant’s fitness.

The state has even passed laws restricting employment to those convicted of DUI (see my blog regarding Commercial Driver’s Licenses – May 29, 2009).

Therefore, the need for proper representation is paramount when facing a DUI charge. You need the advice of a professional who can advise you of your legal rights as well as the long-term ramifications to you professionally.

This year, the Ohio State Bar Association has asked me to organize this seminar. Among the topics to be discussed are case law updates, motions to suppress, commercial drivers license issues, ALS appeals, destroyed videos, the use of field sobriety tests at trial, felony DUI’s, and OAC requirements for blood and urine collection. These topics encompass some of the major “hot” topics of today.

I am honored the OSBA has asked me organize the seminar and have begun soliciting top DUI defense practitioners and judges to present these topics.

When you hire any professional, you have a right to know what they are doing for the fees you are paying. More importantly, you have a right to know that any attorney you hire is doing their “due diligence”- completing sufficient research and investigation to properly advise you. But, as Abraham Lincoln said, “An attorney’s time is his stock and trade.” Therefore, you have a dichotomy between what an attorney intends to charge and the time needed to properly represent your interests.

So, what should you expect from your attorney when representing you on a DUI/OVI case? Because the defense of such a case is highly technical, any Ohio attorney representing you should, at the least, do the following:

1. Review all evidence to determine whether the officer had probable cause to stop you. Normally, this means you were stopped for some existing traffic violation, i.e. speeding, weaving, making an improper turn, etc., or you were stopped for some other peculiar driving issue, i.e. driving to slow, hesitating at a traffic light too long. If you were improperly stopped all subsequent evidence gathered against you must be suppressed.

2. Determine if there is sufficient evidence to appeal the administrative license suspension (ALS). Ohio law permits the arresting officer to immediately confiscate your driver’s license under most circumstances. Your attorney should determine if there is the possibility that your license was confiscated improperly and, if so, appeal the suspension.

3. Was there sufficient evidence to require you to submit to field sobriety tests (FSTs)? The arresting office must point to articuable facts that would require your taking these tests. If not, appropriate action should be taken by your attorney.

4. Was there probable cause to arrest? The attorney must determine if the the FSTs were properly administered. If not a suppression motion is appropriate. If the FSTs were improperly given, were the other extrinsic facts that would permit the arrest, i.e. slurred speech, glassy eyes, instability, etc.? If the FSTs are suppressed (or none given) and there was insufficient other evidence of insobriety, then there was no probable cause to arrest. Your attorney should review all documentation and, if available, any field video of the stop.

5. Are the results of the chemical test admissible? This requires your attorney to view any video of your police booking, inspect the police department’s records to be sure proper records were maintained and that, whichever chemical test was given (breath, urine or blood), all procedures used were in compliance with Ohio Department of Health requirements and in conformity with the Ohio Administrative Code.

6. Were you given all your constitutional and other legal rights? The attorney must determine if you were properly Merandized (given your rights) and told the consequences of your failure to take a chemical test. Again, if these procedural requirements were not met, then any statements made or tests conducted might not be admissible.

All of the above require the time to file proper discovery requests, demands to preserve evidence, travel to the police department to review their records, view any videos taken in the field or at the police department, attend pre-trials, and do research to determine if there are any anomalies that could result in the suppression of inculpatory evidence.

As you can tell “due diligence” is time consuming and requires a skill set that is gained by extensive experience and education in the area of DUI/OVI defense. You have a right to know that your attorney has the background to represent you properly.

And remember, you get what you pay for. It is obvious that the amount of time necessary to complete this “due diligence” is formative. Any attorney that is willing to charge you a minimum amount and appear in court “to see what they can do for you” is not properly representing your interests.

I receive many calls from those facing OVI or DUI charges seeking legal advise. Nearly every conversation gets around to the cost and eventually to the question, “Do I need an attorney?” Lets explore that issue. There are a number of reasons why you should have the benefit of counsel.

The defense of an alcohol related driving offense is very complex. A number of areas need to be investigated before you can determine your best approach. Was there probable cause to stop? Was there probable cause to ask for a chemical test? Were the field sobriety tests administered properly? Were the records of the breathalyzer, blood draw, or urine test kept in accordance with Department of Health and Ohio Administrative Code guidelines? Were you properly notified of the consequences of your failure to take a test? If you refused to take a test or the reading was greater the .17 (breath) there can be additional consequences that must be explored. These questions must all be answered before any plea should be given. See my web site for further dicussions of these topic.

The cost to you of pleading guilty (or no contest) can be staggering. First a DUI/OVI conviction can never be purged from your driving record. It will remain on your driving record your entire life. DUI/OVI is a 6-point offense. An accumulation of 12 points can result in your driving privileges being suspended for an additional one year over and above any suspension resulting from your DUI/OVI conviction. Your insurance rates will surely rise dramatically and your insurance may be cancelled altogether. You may suffer travel restrictions. Many countries, including Canada, have restrictions on admitting anyone convicted of DUI/OVI. Your employment may be impaired if driving on company business is part of your job description. If you have a CDL license you face a mandatory 1-year suspension of your commercial drivers license, with no privileges.

DUI/OVI is one of today’s political “hot potatoes.” Some judges and police departments have “agendas” to ensure there is a conviction. Many organizations, including MADD actual monitor courts to determine if judges are being too lenient. As a result, a politically charged issue such as DUI or OVI is nearly impossible to win, or get reduced to a non-alcohol offense without some leverage being applied to motivate the prosecutor into thinking the case might be lost..

So, do I need an attorney? I think the answer is self-evident.