DUI Attorney in Dayton, OH
Work with Our Hard-Hitting Dayton DUI Lawyers
If you have been accused of Operating a Vehicle under the Influence (OVI) or Driving Under the Influence (DUI), it is likely that you are accused of violating Ohio's driving laws. In the state of Ohio, driving a vehicle with a Blood Alcohol Concentration (BAC) level of 0.08% or higher could lead to a DUI or OVI conviction. For some individuals, that is just a few drinks in the matter of a few hours.
Many individuals believe that being accused of DUI isn’t that serious of a crime, which is why many attempts to defend themselves without legal representation. However, this nonchalance could easily lead to lamentable consequences. Prosecutors don’t have a reputation for being lenient.
If you are facing DUI or were presented with a Field Sobriety Test, our Dayton DUI lawyers at L. Patrick Mulligan & Associates, LLC is here to help protect your rights. These kinds of charges can lead to serious and harsh penalties for accused drivers. Our DUI attorneys in Dayton, OH can tenaciously defend you from the charges you face, whether you live in Dayton or Cincinnati.
Contact our firm to discuss your charges by calling (937) 685-7006. Our Dayton DUI lawyers proudly serve Southwest Ohio.
Understanding the Driving Laws in Ohio
Here's what else you need to know about Ohio's driving laws:
- The permitted blood alcohol level to operate a motor vehicle for people under 21 is 0.02%.
- Repeat offenders of all ages are punished more severely.
- A fourth OVI conviction in six years is a felony.
- In Ohio, it is a felony to have five convictions for DUI or OVI in a 20-year period.
Understanding Your Rights During a DUI Stop
Being pulled over for a suspected DUI can be a daunting experience. It’s essential to know your rights to protect yourself and ensure a fair process. At L. Patrick Mulligan & Associates, LLC, we believe that informed clients are empowered clients. Here’s what you need to know:
- Right to Remain Silent: You have the right to remain silent. You are not obligated to answer questions that may incriminate you. Politely assert this right if you choose to do so.
- Right to Refuse Field Sobriety Tests: While it’s generally advisable to comply with police requests, you can refuse to perform field sobriety tests. These tests can be subjective and may not accurately reflect your level of impairment.
- Right to Request Legal Representation: If you are arrested, you have the right to request an attorney. Contacting a DUI defense lawyer as soon as possible can significantly impact the outcome of your case.
- Right to Challenge Evidence: You have the right to challenge any evidence against you, including breathalyzer results and the circumstances of your arrest. Our experienced attorneys will investigate every detail of your case to build a strong defense.
Understanding these rights can make a significant difference in how your case unfolds. If you find yourself facing DUI charges, don’t hesitate to reach out to our knowledgeable team for personalized guidance and support.
What Is the Legal Limit in Ohio?
In Ohio, a person 21 years of age or older may be charged with a DUI if their blood or breath alcohol concentration (BAC) is .08 or higher. The level of alcohol in their system is measured through a chemical test the driver is required to take. Refusing to participate can result in a driver’s license suspension.
Although Ohio law enumerates a legal limit, having an alcohol concentration amount at or above that level is not the only time a person could be charged with an OVI. O.R.C. 4511.19 also provides that a person commits the offense when they are operating a vehicle while under the influence of alcohol. Generally, that means the driver’s normal mental and/or physical faculties were impaired to the point that they could not safely control their car.
It’s also important to note that the .08 limit applies only to drivers 21 years of age or older. If the person operating the vehicle is under 21 years of age, they commit an offense when their blood or breath alcohol concentration is .02 or higher.
Ohio DUI Penalties
The penalties for operating a vehicle under the influence are stiff. Additionally, the punishments imposed increase for each subsequent offense. That's why it is important to work with a skilled Dayton DUI defense attorney who keeps your best interest in mind.
Below are a few of Ohio’s DUI penalties:
First Offense (first-degree misdemeanor):
- Between 3 days and 6 months in jail
- Between $375 and $1,075 in fines
- Driver’s license suspension for 1 to 3 years
- Attendance in a driver’s intervention program
- Completion of a treatment or education program
Second offense within 10 years of the previous (first-degree misdemeanor):
- Between 10 days to 6 months in jail (BAC between .08 and .16)
- Between 20 days and 6 months in jail (BAC of .17 or higher)
- Between $525 and $1,625 in fines
- Driver’s license suspension for 1 to 7 years
- Vehicle immobilization for 90 days
- House arrest with electronic monitoring
- Continuous alcohol monitoring
- Addiction assessment
Third offense within 10 years of the previous (misdemeanor):
- Between 30 days and 1 year in jail (BAC between .08 and .16)
- Between 60 days and 1 year in jail (BAC of .17 or higher)
- Between $850 and $2,750 in fines
- Driver’s license suspension for 2 to 12 years
- Vehicle forfeiture
- House arrest with electronic monitoring
- Continuous alcohol monitoring
- Attendance in addiction services
Driver’s License Suspension for DUI in OH
Any person arrested for driving under the influence may face both an administrative and a criminal driver’s license suspension.
The Ohio BMV oversees the administrative suspension process. The agency can take action immediately after the driver’s arrest when they either refuse to take a chemical test or the results of the chemical test show that their BAC is at or above the legal limit.
The administrative driver’s license suspension is effective for up to 5 years.
The criminal driver’s license suspension happens only if the individual has been convicted of DUI. The length of time they lose their driving privileges depends on whether or not they’re a repeat offender.
Criminal driver’s license suspension periods are as follows:
- First offense: Up to 3 years
- Second offense: Up to 7 years
- Third offense: Up to 12 years
- Fourth or subsequent offense: Up to life
When Does a DUI Become a Felony in OH?
The first three times a person is accused of driving under the influence, they face misdemeanor charges. In Ohio, a DUI becomes a felony on a fourth/fifth violation within 10 years of the previous offenses. Specifically, it’s a fourth-degree felony.
The penalties for an OH felony DUI include:
- A mandatory minimum prison sentence of 1 to 5 years
- A fine between $1,350 and $10,500
- Driver’s license suspension for 3 years to life
- House arrest with electronic monitoring
- Vehicle forfeiture
- Participation in community addiction services
Understanding the DUI Legal Process
Navigating a DUI charge can be overwhelming, especially if it's your first encounter with the legal system. At L. Patrick Mulligan & Associates, LLC, we believe that knowledge is power. Understanding the DUI legal process is crucial for making informed decisions about your case. Here’s a brief overview of what to expect:
- Arrest and Booking: After being pulled over and charged with a DUI, you will be taken into custody and booked at a local jail. This process includes fingerprinting and taking a mugshot.
- Initial Court Appearance: Typically occurring within a few days of your arrest, this is your first chance to appear before a judge. You’ll learn about the charges against you and the potential penalties.
- Pre-Trial Motions: Your attorney may file motions to challenge the evidence against you or seek to have certain charges reduced or dismissed.
- Trial: If your case goes to trial, both sides will present evidence and arguments. A jury or judge will then determine your guilt or innocence.
- Sentencing: If found guilty, the judge will impose a sentence, which may include fines, community service, or even jail time.
Our experienced team is here to guide you through each stage of this process, ensuring you understand your rights and options at every step. We are committed to providing personalized legal support tailored to your unique situation. Don’t face a DUI charge alone; let us help you navigate the complexities of the legal system with confidence.
Listed Among the Top 100 DUI Lawyers
Our Dayton DUI & OVI attorneys are led by Attorney L. Patrick Mulligan, who is a Board Certified Criminal Law Specialist by the National Board of Trial Advocacy. This additional certification allows him to refer to himself as a criminal law expert. We are also honored to have been listed among the Top 100 DUI Lawyers, which demonstrates our high-level of knowledge and command regarding the area of DUI or OVI. We are ready and willing to put our extensive legal insight to work for you.
Our Dayton DUI lawyers can help you in the following ways:
- Reasonable suspicion – Whether officers had enough reasonable suspicion to pull a driver over is a top concern. Law enforcement must have reasonable suspicion that a motorist is involved in some sort of criminal activity, including driving under the influence, in order to detain them (stop their vehicles). If officers do not observe lane drifting, speeding, near collisions, traffic infractions, or other signs of suspicious activity or crime, a lack of reasonable suspicion may result in an unlawful stop.
- Probable cause – The U.S. Constitution protects us from unlawful searches and seizures. These include unlawful searches of property and arrests without justifiable reasons, such as physical signs of impairment, suspicious activity, evidence of alcohol or drug use, or other objective indicators. Without probable cause, any evidence officers obtain – including chemical test results – could be declared inadmissible in a case. Police must have a lawful basis to make an arrest.
- Chemical test results – Evidence obtained through breath and blood tests are not always 100% accurate, and they can be challenged. This is especially important during periods of high enforcement, where increased use of testing devices, including breathalyzers, may cause them to be improperly maintained and calibrated or used improperly by an officer who has little to no training in using them – which can result in erroneous results.
Protect Your Rights with Experienced Dayton DUI Attorneys
Being charged with a DUI can have serious consequences, including fines, license suspension, and even jail time. It's crucial to have a knowledgeable and experienced Dayton DUI attorney on your side to protect your rights and build a strong defense strategy. At L. Patrick Mulligan & Associates, LLC, our team of hard-hitting Dayton DUI lawyers has been focused on criminal law since 1994 and has a proven track record of success in DUI defense cases.
When you work with us, you can expect:
- Thorough investigation of your case
- Aggressive representation in court
- Strategic defense tactics tailored to your specific situation
- Clear and open communication throughout the legal process
If you've been accused of a DUI, don't wait to seek legal help. Contact us today at (937) 685-7006 for a consultation to discuss your case and learn how we can help protect your rights and fight for the best possible outcome.
Focused on Criminal Law Since 1994
For more than 50 combined years, our firm has been addressing state and federal crimes of varying complexities. Our Dayton DUI attorneys strive to deliver legal services that are aggressive and personalized, from beginning to end. Attorney L. Patrick Mulligan is a Board Certified Criminal Law Specialist by the National Board of Trial Advocacy. His expert knowledge has benefited many individuals accused of violating our state's driving laws.
If you have been charged with DUI or OVI in Ohio, it is essential that you retain the services of a skilled defense team as soon as possible. Stalling to do so could endanger your driving privileges and lead to other serious penalties. Don't let a DUI or OVI conviction damage your reputation and driving record.
Accused? Call (937) 685-7006 for a Free Consultation.
Our Dayton DUI lawyers proudly offer initial consultations to all of our prospective clients, free of charge. This step allows us to better understand a case and assist an accused individual. We can explain the various options that are available to you so that you are well-informed about your legal standing and how to proceed. This initial step is crucial when determining how to craft a defense strategy for a client.
For tough drunk driving defense, please contact our Dayton DUI lawyers without delay by calling (937) 685-7006.
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At L. Patrick Mulligan & Associates, LLC, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"I had a very difficult case that took longer than usual but they never gave up on it."
Extremely pleased with L. Patrick Mulligan and Associates. They helped me through every step of the process and worked hard for me. I had a very difficult case that took longer than usual but they never gave up on it. Thank you!
- Megan -
"Patrick and his team are the only choice!"My husband was forced to defend himself at our home but that put him in jail. I first went with another lawyer, Mike Mills, who took my money and that was it. Feeling hopeless, I contacted Patrick’s team and they didn’t disappoint. Within 3 hours, Patrick was at jail speaking with my husband and a few days later, Patrick had him home. When you call the office, everyone helps you. You are not just another case to them; I know and experienced it. They are a team you want to be on your family’s side! Thank you Patrick and Laura and team - you are the best, thank you!- Jackson
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"When he walks in, all the fear melts away and he comes out swinging."My family and I have used Patrick for different cases. A child custody as well as DUI. Initially you may feel scared and want to keep calling but in the end he has always proven that he is the best of the best. When he walks in, all the fear melts away and he comes out swinging. He knows what he's doing. Child custody WON! DUI best possible outcome! I wouldn't hire anyone but him. I highly recommend! Thanks Mr. Mulligan and staff!- Satisfied Client
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"You helped me with a life changing situation and I'm a better father and son with your help and support."I want to personally thank you, Patrick and everyone else who did an amazing job on my cases. I've unfortunately dealt with a lot of attorney's over the years and you guys were the first one's I've ever trusted or felt that you really did what you said you were going to do!! Myself and my family couldn't thank you enough. You helped me with a life changing situation and I'm a better father and son with your help and support.- Brian
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"Best Lawyer ever."Patrick Mulligan took on my case in May 1996 not knowing how things would go. My case being his first Big case. He saved my life. I have still to this day will always remember and be Thankful to him for trusting and believing in me. I was a mother of a daughter 19 months old who as killed by my boyfriend at the time. The state tried to prove me for child endangering and wanting me to serve 18 months in prison. Parick didnt know until that point what he had gotten into . Patrick did everything he could to prove I was a good mother. It was almost a year after my daughters life was taken. We went to trail and I stood on the stand with all my friends and Dr.'s. Patrick worked so hard for me and we won and here I am 15 years later . I found his web site and had to tell my story. Anyone who needs his help he will work as hard as he can for anyone he believs in. I'm so gald to see he is still in Cinti helping people. Thank you Patrick. I will talk to you soon.- Stacy
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"I would recommend him to anybody."Patrick Mulligan is one of the few attorney's in Dayton that takes no bullshit I would recommend him to anybody- Justin
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"Help in the Middle of the Night"Mr. Mulligan made all the difference in my case. Through his yellow page ad, I was able to reach him in the middle of the night, after my ex-wife had me falsely arrested for Domestic Violence Verbal. He was prompt in coming to my assistance. He went out of his way to help reach my family so that they could get me released from holding. He answered all my questions and walked me through the entire process. He was able to get the results I was hoping for at the pre-trial, so that we did not actually have to go through an actual trial. Mr. Mulligan exceeded all my expectations and I would recommend him to anyone who finds themselves in a similar unfortunate situation. He was a Godsend for me.- Mark