Ohio Criminal Lawyer - David C. Sheldon

Ohio Criminal Law

When someone is stopped by a police officer for an OVI or DUI offense, questioned by a police officer regarding a criminal investigation, or arrested and taken into custody, that person must not hesitate. He or she must contact an attorney immediately. The job of the police is to enforce the laws and arrest those who violate them. The police can and will obtain statements from you—if you let them.

I have represented too many clients who thought, for one reason or another, that answering questions by the police officer will help convince them that they are innocent and have nothing to hide. Or the client may simply think he/she can talk his/her way out of a situation. DON’T DO IT. Contact the person who you need the most and can help you more than anyone—the criminal defense lawyer.

Many cases are solved by police based on the words or statements of the accused. It is very difficult for your attorney to undo what has already been done.

An experienced criminal attorney will help you, give you crucial advice, and guide you through a very daunting system—the criminal justice system.

At the Law Offices of David C. Sheldon, you will receive my personal counsel and advice. I have over twenty (20) years of criminal law experience. I served as a former assistant prosecuting attorney in Cuyahoga County, Ohio and Medina County, Ohio. I learned the methods and practices of police, interrogation techniques, crime scene preservation, forensic science in the criminal field, and prosecuted over one hundred jury trials in my career as a prosecutor.

Put my criminal law experience to work for you. You don’t have any time to waste.

Ohio DUI Law Highlights: BAC Levels and Implied Consent (Table 1)

State	"Per Se" BAC Level	"Zero Tolerance" BAC Level	Enhanced Penalty BAC Level	"Implied Consent" Law
Ohio	.08	.02	.17	Yes

DEFINITIONS:
"Per Se" Blood Alcohol Concentration (BAC) Level
As of August 2005, all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.

"Zero Tolerance" Blood Alcohol Concentration (BAC) Level
All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent.

"Enhanced Penalty" Blood Alcohol Concentration (BAC) Level
Many states impose harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above their state's enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions.

"Implied Consent" Laws
"Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year.

Ohio DUI Law Highlights: Selected Penalties (Table 2)

State	Administrative License Suspension/Revocation (1st/2nd/3rd Offense)	Mandatory Alcohol Education and Treatment/Assessment	Vehicle Confiscation Possible?	Ignition Interlock Device Possible?
Ohio	6m/ 1y/ 1y	Treatment/ Assessment - 3rd off.	4th offense	Yes

Note: Persons arrested for DUI will be subject to additional criminal law penalties not addressed here -- including jail time, fines, and community service. Such criminal penalties are typically more discretionary than those identified in this chart, and are therefore more difficult to accurately predict. Generally speaking, first-time DUI offenders can expect to incur a fine, and face the possibility of jail time. Repeat DUI offenders will incur harsher fines, and will almost certainly be sentenced to a number of days in jail. Penalties will be harsher still if the DUI offender was involved in an accident in which someone else was injured or killed.

DEFINITIONS:

Administrative License Suspension/Revocation
The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose BAC is above the state limit for intoxication, or drivers who refuse to submit to BAC testing. Administrative suspension or revocation of a driver's license is usually carried out by a state agency (such as a Department of Motor Vehicles), distinct from any criminal court penalties. Most states impose harsher penalties for second or third DUI offenses, typically defined as those that occur within five years of a prior DUI offense.

Note: the penalties identified here do not include variations for DUI offenders operating commercial vehicles, or drivers who have violated "zero tolerance" and "enhanced penalty" DUI laws (see Table 1). Most states recognize different sanctions for these types of DUI offenses.

Mandatory Alcohol Education and Assessment/Treatment
Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made "conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program. This chart indicates each state's utilization of alcohol education and treatment/assessment programs.

Vehicle Confiscation
Vehicle confiscation penalties allow a motor vehicle department or law enforcement agency to seize a DUI offender's vehicle, either permanently or for a set period of time. Such penalties typically apply only to repeat DUI offenders, and often the return of the vehicle requires payment of fines and significant administrative costs. This chart indicates each state's utilization of vehicle confiscation as a penalty for DUI.

Ignition Interlock
A vehicle ignition interlock breath-testing device measures a vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e. BAC level of .02). DUI offenders will usually be required to pay the costs of installation, rental, and maintenance of an ignition interlock device. This chart indicates each state's utilization of ignition interlock devices as a penalty for DUI.

COMMONLY ASKED QUESTIONS AND ANSWERS

TYPE OF CASES OUR FIRM HANDLES

I handle many types of cases to bench and jury trials including DUI, Criminal and Traffic.

WE THINK YOU SHOULD HIRE US IF:

You want a lawyer who will personally handle your file and will be available for consultation afternoons, evenings and weekends. I will fairly evaluate your case and determine the most favorable course. I will not hesitate to go to trial on your case; that decision, however, will ultimately be yours.

OUR FIRM IS NOT RIGHT FOR YOU IF:

You are looking for a lawyer who will only tell you what you want to hear. I will work with you to honestly assess the facts of the case.

IF YOU WANT TO TELL OUR LAW FIRM ABOUT YOUR SITUATION YOU SHOULD:

I personally communicate with you whenever possible. If I am in Court when you call, you can leave a message. I personally guarantee you will hear back from me in 24-hours, or less - most often, much less. My office phone is (330) 723-8788.

THE TYPICAL COST TO GET US TO START WORKING ON YOUR CASE IS:

The cost varies depending on the allegation and facts of the case. A fee will be quoted at our initial consultation.

OUR CLIENTS WILL TELL YOU THAT:

My level of experience, knowledge of the law, and personal familiarity with the judges, prosecutors, and system is a great advantage. In addition my personal and regular contact with clients, availability and involvement with every aspect of the case bring the most favorable results.

OUR PHILOSOPHY ON HOW WE APPROACH  OUR CASES IS:

Depending on the type of case I like to find out as much as I can about the facts of the case and talk to anyone who can help our defense. At that time we can discuss our options. The stronger our defense appears to the prosecutor, the better our chances are of getting a favorable result.

IF YOU WANT TO LEARN MORE ABOUT OUR FIRM YOU SHOULD:

During our free initial consultation I will answer any questions. Please call (330) 723-8788.