Akron Dui Attorney Details The Field Sobriety Tests
Because of the complexities surrounding DUI (driving under the influence of alcohol
or drugs) or OVI (operating a vehicle impaired) in Akron, it is likely that finding a suitable Akron DUI attorney will help you in getting your license suspension revoked, and either having the DUI charges dropped completely or at least having the sentence reduced.
The penalties for a DUI or OVI charge in Akron are severe, so you really should think twice before drinking and driving (obviously), and also before you dismiss getting an Akron DUI attorney offhand. The penalties can include:
* A fine
* Imprisonment
* License suspension
* Vehicle confiscation
* Probation
* Electronic home incarceration
* Vehicle ignition lock
* Community service
* Alcohol/drug education classes
So as you can see, the charges are not something to be treated lightly.
If you have been arrested and charged, your Akron DUI attorney will want to submit an appeal within 10 days to request a BMV hearing. It is during this hearing where your Akron DUI attorney will try and have your license suspension revoked, so that you can keep your driving rights. This is the first place where the evidence regarding the field sobriety testing will come into play.
After the BMV hearing, the criminal hearing will take place, and this is the other place (obviously) where having a qualified, experienced Akron DUI attorney will help in having your charges reduced. This is the second place where the field sobriety testing evidence will be used.
In both cases, your Akron DUI attorney will try and posit that the evidence was obtained illegally. Field sobriety testing has a few flavors, namely:
* OLS - one leg stand, where you need to raise your leg and stand for 30 seconds
* WAT - walk and turn, where you have to walk heel to toe for nine steps on a line, turn around, and walk back
* HGN - horizontal gaze nystagmus, where involuntary jerking of the eyeball as the eyeball moves to the side occurs
* Breathalyzer test - to test blood alcohol content by breath
The first 3 rely on physical cues to determine whether or not your blood alcohol content is likely to be over the limit. The last one requires you to blow into a breathalyzer unit, and the unit will read out your blood alcohol content.
These are the standardized tests in Akron and Ohio. The main thing to remember is that if the tests were administered in a manner that is different to the official regulations, or if the breathalyzer unit has not been regularly tested and calibrated, or if the tests were done more than 3 hours after the supposed DUI incident, then the evidence gathered from these tests can be dismissed in a court of law, and this will have a significant bearing on your case.
In order to determine the likelihood of this being the case, and for further advice with your case if you have been charged with a DUI or OVI, I really do advise finding a suitable Akron DUI attorney, as they are well versed in the regulations and specific requirements, and will make the difference in your case.
by: Martino Ramsdell
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