Ohio's College Students Are Some of
My Favorite Clients.

Unfortunately, They Face More
Serious Consequences Than
Most DUI/OVI Defendants.

Virtually All Ohio Colleges and
Universities Have the Power to Discipline
Their Students For a DUI/OVI.

Above and Beyond Any Punishment
Imposed by the Court.

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DUI & Miami Students

A Miami University DUI Lawyer Can Help Your Case

A top Miami University DUI lawyer can make a big difference when a Miami University student is charged with a DUI or other criminal offense. When college students are charged with a DUI, they often go to their first court appearance and plead to the DUI charge . They may talk to their buddies and other college students and decide to risk that the punishment won’t be too harsh. Unfortunately, they don’t stop to consider all the consequences of a drinking and driving conviction.

For example, if a Miami student pleads guilty to a drinking and driving charge, they face the following penalties: (a) 3 days in the Butler County Jail or an Oxford Jail up to a maximum of six months; (b) a fine up to $1075; (c) substance abuse counseling at a Miami University DUI treatment facility or another similar treatment center in Oxford, Ohio; (d) mandatory license suspension between six months and three years; (e) probation with the Butler County Area One Court or the Oxford Ohio Municipal Court; and (f) the possible imposition of DUI license plates and an ignition interlock device to be used if the Miami University student is given privileges during the license suspension. 

A DUI conviction brings troubling long term consequences as well, beyond the simple sanctions outlined above. Most Miami University DUI lawyers can tell you that a drinking and driving conviction will not be expunged from your record under Ohio law and it does not drop off of your record after three years. In fact, Miami University DUI lawyers understand that a DUI conviction will NEVER come off of the student’s record. Rather, it will follow them for life and could potentially harm the student’s future employment prospects depending on their career path.

In addition, Miami University students who are charged with DUI, OVI, or other criminal offenses without consulting a Miami University DUI lawyer face more significant sanctions than most Oxford DUI defendants. Why? Because the student must not only face the drinking and driving charge in Butler County Area Court or Oxford Municipal Court, where DUI charges handled, but also at Miami University, where the university can  charge the student with a violation of the code of student conduct because of the drinking and driving charge.

Depending on the particulars of the college student’s DUI case,  there are many strategies that a Miami University DUI lawyer can use to defend the case. If you have a Miami University DUI case, you should consider talking to a top Miami University DUI lawyer to see if he can get the case dismissed or reduced to a lesser offense. The penalties on these pages only apply to drivers who are convicted.  A top Miami University DUI lawyer may be able to prevent a DUI conviction by utilizing the strategies discussed below.

Miami University DUI Lawyer Defense Strategies:

One of the first DUI defense strategies that a top Miami University DUI lawyer would examine is whether the Oxford police department had reasonable suspicion that the Miami student was under the influence of alcohol or drugs prior to pulling him over. If they didn’t, and there wasn’t another valid reason for the traffic stop, the Butler County Area Court is likely to dismiss the case.

Another DUI defense strategy that an educated Miami University DUI lawyer would evaluate is whether the Oxford police department conducted the standardized field sobriety testing in accordance with established procedures set forth by federal agencies?  It’s not uncommon for officer to make mistakes in giving instructions, demonstrating the tests and scoring the student’s performance on the tests.  Some minor errors will likely be overlooked, but if the police officer made too many errors, an experienced Miami University DUI lawyer may be able to get the DUI case dismissed or reduced to a lower offense.

A DUI defense strategy that top Miami University DUI lawyers typically consider is whether there are alternative explanations for any evidence that may seem to indicate a student driver is impaired. For example, it’s not uncommon for the Butler County Sheriff and Oxford police officers to say that a student driver with slurred speech and bloodshot eyes is impaired. And they may be correct. However, experienced Miami University DUI lawyers know that slurred speech and bloodshot eyes can also be caused by fatigue or exhaustion and without the consumption of alcohol or drugs. If the Oxford DUI case rests entirely on slurred speech, bloodshot eyes and the smell of alcohol, it’s not difficult to imagine a good Miami University DUI lawyer getting the case dismissed or reduced to a lesser offense.

Another strategy that Miami University DUI lawyers should evaluate in defending Oxford DUI cases is whether the police had reasonable articulable cause to elevate the stop from a routine traffic stop to a DUI case. In Oxford Ohio, Most DUI charges originate with a traffic offense rather than any type of drinking and driving offense.  For example, an Oxford police officer follows a student driver after watching the student leave a campus bar and get into a car. Rather than pull the student over right away, the officer will wait until the student driver commits a minor traffic violation. The Oxford officer then approaches the vehicle and conducts a routine interaction with the student driver. If the student driver has slurred speech, watery eyes or admits to drinking, the officer is likely to elevate the investigation to a DUI case. However, the Oxford police cannot do this unless they have specific facts they can articulate that support their suspicion.  Top Miami University DUI lawyers understand this concept and can use it to get an Oxford DUI case dismissed or reduced to a lower offense.

Yet another DUI defense strategy that the best Miami University DUI lawyer evaluates is whether the Oxford police department or Butler County Sheriff’s Office followed all applicable regulations in administering a breath, blood or urine test. The city of Oxford, Butler County and the State of Ohio have hundreds of regulations applicable to chemical samples in DUI cases. For breath tests alone, the machines used by the City of Oxford Police Department must be tested, calibrated and certified regularly.  In addition, Oxford officers must be certified to operate the machines. Finally, the officer must observe the Miami University student for twenty minutes before the test and the test must be completed within three hours of the DUI incident. With all these regulations, and more, it shouldn’t surprise anyone when an error occurs. If it does, a good Miami University DUI lawyer may be able to leverage that into a dismissal or reduction of an Oxford DUI case.

Miami University DUI Lawyer Reviews for Jeremiah Denslow:

Five Star Google Review for Miami University DUI lawyer: “Jeremiah is a one of a kind attorney. I’d highly recommend him. He has a reputation for doing a great job with college students and their alcohol related charges. He’s compassionate, smart, and he gets good results

Five Star Google Review for Miami University DUI lawyer: “I’ve seen Jeremiah work and I know why he gets results. He’s intelligent, focused and devoted to his clients. Jeremiah is my top recommendation for a DUI defense lawyer anywhere in the Cincinnati or Dayton area.”

Five Star Google Review for Miami University DUI lawyer: “I would recommend him to anyone seeking DUI defense in the entire state of Ohio. I appreciate his efforts for me and my family more than I ever could of dreamed. Jeremiah Denslow is not just an attorney, but a friend”

Five Star Google Review for Miami University DUI lawyer: “Jeremiah is the go to DUI defense attorney anywhere near Dayton, Cincinnati, or Columbus. If you want results, he’s the guy you should call first.”

Five Star Google Review for Miami University DUI lawyer: “With over 15 years of experience, Jeremiah Denslow is an excellent DUI attorney that I highly recommend. Jeremiah is very professional, courteous and conscientious about his work. Unlike other attorneys who claim to have several fields of expertise, Jeremiah focuses on DUI defense. Jeremiah’s focus allows him to stay on top of the rapidly changing laws and get RESULTS!! Definitely call Jeremiah for any DUI related problems; you want him on your side!!

Message from Miami University DUI Lawyer Jeremiah Denslow:

JeremiahDenslow2

Hello. My name is Jeremiah Denslow. I’m an Ohio lawyer who focuses his entire practice on DUI and criminal defense. I practice in virtually in all Ohio courts representing college students charged with DUI and other offenses. If you have an Oxford Ohio DUI, I would recommend getting in touch with a Miami University DUI lawyer to see what he/she can do for you. In 2016, I was able to get the majority of the charges against my clients dismissed or reduced to a lower level offense. While I cannot guarantee results in a DUI or criminal case, dismissals and reductions are always my goal.  I run my practice using a very simple strategy for success: (a) I focus my entire practice on DUI and criminal defense; (b) I only practice in Ohio courts; and (3) I accept a limited number of clients. Essentially, it’s an extremely focused practice with less clients and more attention for each client.

If you are seeking a Miami University DUI lawyer, please call me at 513-268-4000 or 1-844-DUI-DUDE.

The Miami University of Ohio Student Disciplinary Process

In addition to the regular legal process that plays out in the Butler County Ohio DUI Municipal Court, or Oxford Ohio DUI Municipal Court, a Miami student may face discipline from the college as well. The Miami University Student Code of Conduct prohibits many types of student behavior including drug use, hazing, underage consumption of alcohol, public intoxication and DUI, OVI and drinking and driving. Any student found to have committed any illegal conduct, including DUI, is subject to the Miami University of Ohio disciplinary process.

The Miami University of Ohio Student Disciplinary Process Part 1: Complaint, Investigation and Notification

Any person, agency, organization or entity may file a report alleging that a Miami of Ohio student has committed a violation of the Code of Student Conduct, including drinking and driving or student DUI. That means that the college may receive referrals members of its community as well as referrals from outside individuals and entities, including the Oxford Ohio Police Department, the Butler County Sheriff’s Department and other Ohio law enforcement agencies who routinely make referrals for students caught drinking and driving in Oxford Ohio and other Ohio cities. The disciplinary process allows students to utilize the services of a Miami University DUI lawyer to fight disciplinary charges.

Upon receipt of a complaint, Miami University reviews all relevant information and may consult with the appropriate parties regarding the alleged misconduct. The University will send the Miami student notification to include the student conduct violation as well as the facts and circumstances surrounding the incident and the sanction. In cases where suspension is not a proposed sanction, the student will not be afforded an opportunity for a procedural review. However, for more serious violations, including student DUI, OVI or drinking and driving, the student has an opportunity to challenge the allegations, with or without the help of a Miami University DUI lawyer.

The Miami University of Ohio Student Disciplinary Process Part 2: Procedural Review

The procedural review is an opportunity for the University to review the complaint with the Miami student, provide an explanation of Miami University’s disciplinary process, discuss the student’s, options and advise the student about the potential sanctions she could be facing. The accused Oxford student shall attend the procedural review, which will be conducted by a judicial staff member. This hearing can serve the student in providing an expedited process to get through the Miami’s disciplinary process very quickly. At this stage in the process, a Miami University DUI lawyer can assist the student in making the decision whether to admit the offense or fight the charges.

At the procedural review, the judicial staff member will formally notify the Miami of Ohio student of the allegation against him and provide the student with a copy of any reports or statements that were made against him. In the case of a DUI, OVI or drinking and driving allegation, this may include Oxford Ohio police reports, Oxford Ohio DUI reports, field sobriety test results and results from any Oxford Ohio DUI breath test, Oxford DUI blood test or Oxford DUI urine test. The accused student will also be asked to admit or deny the allegations or make a statement concerning the reported violation, but is under no obligation to do so. She may simply request a full trial with the Miami University Hearing Panel and her Miami University DUI lawyer.

The Miami University of Ohio Student Disciplinary Process Part 3: Selection of the type of Hearing

Within a few days of the procedural review, the Miami student and her Miami University DUI lawyer must decide how they wish to proceed through the disciplinary process. The student’s options are as follows:

  • Admit to the violations and agree to accept the recommended sanctions.
  • Request an administrative hearing officer.
  • Request a hearing with the Miami University student court or disciplinary board.

The Miami University of Ohio Student Disciplinary Process Part 4: Trial or Hearing

Any Miami student who denies or challenges an alleged violation of the Code of Student Conduct, including a DUI, OVI or drinking and driving offense, can request a trial or contested hearing. Rather than a judge, the University of Miami uses a student court or disciplinary board to assess the facts and circumstances of the case and determine if a violation of the student code took place

Miami University uses a standard of evidence at the hearing called preponderance of the evidence. That means the college must prove its case against the Oxford student by just fifty-one percent. In other words, the college merely has to prove it’s more likely than not that the Miami student disciplinary violation occurred. Most Miami University DUI lawyers will tell you that this standard of evidence is the lowest standard of evidence in American jurisprudence. It’s much lower than the standard called proof beyond a reasonable doubt, the burden of proof in the Butler County Ohio Municipal Court DUI case. At the end of the proceedings, the student panel will vote to determine if the student violated the Miami University Student Code of Conduct.

The accused student is allowed to retain a Miami University DUI lawyer throughout the hearing, however, the DUI lawyer’s involvement is limited by Miami’s disciplinary rules and procedures. For example, Miami University, like many Ohio universities, only permits the Miami University DUI lawyer to counsel the accused student, advise him, give him direction and explain things during the course of the proceedings. In limited circumstances, the Miami University DUI lawyer can argue on the student’s behalf during hearings or meetings. While the lawyer’s role may be limited, it can be extremely helpful for a student to have an experienced Miami University DUI lawyer, particularly when the student also has a DUI pending in Butler County Municipal Court.

Why? For many reasons, but one of the biggest reasons is that college students facing DUI charges without professional guidance often make admissions of illegal behavior at disciplinary hearings, including student DUI, even when they don’t realize the harm it will bring to the litigation. Such statements can then be admitted into their pending case in a Butler County Ohio Municipal Court DUI trial to determine the Miami student’s guilt or innocence. This may lead one to believe that a Miami University student should never make a statement or answer questions at the hearing. However, it’s not quite that simple. On many occasions, a student can help himself substantially by providing her version of the incident. Only an experienced Miami University DUI lawyer can provide advantageous advice on whether the Miami student should make statements, answer questions or remain silent in the proceedings.

The Miami University Student Code of Conduct sets forth some other basic rules for the hearing:

  1. Both sides are permitted to make statements, call witnesses to testify, produce evidence contained in documents and other items, and ask questions of the witnesses. A Miami University DUI lawyer can help with this, however, the school may force the student to do some of the tasks as well.
  2. The accused Miami student is allowed to remain silent throughout the proceedings and can choose not to testify or answer questions. This may be beneficial in his Butler County Ohio DUI case, however, it’s important to seek advice from a Miami University DUI lawyer in each and every case.
  3. The prosecution goes first by presenting evidence of the alleged violation, including a Miami student DUI, and the accused student shall then be given the opportunity to present contradictory evidence.
  4. While an Oxford student’s rights are protected at the Butler County Ohio DUI Municipal Court, where the Ohio Rules of Evidence apply, the University disregards them in a disciplinary hearing. That means hearsay and written witness statements are often allowed into evidence.
  5. Both sides shall be given permission to provide closing statements. This can often be done by the Miami University DUI lawyer.
  6. The Miami student hearing board will not have access to the accused student’s disciplinary records at the time of the trial.
  7. The hearings are generally private, however, upon agreement of the parties, it may be open to the Miami University public. The complainant and accused student will both be permitted to bring two support people into the hearing.

At the conclusion of the trial, the hearing panel will determine whether the accused student is in violation of Miami University Student Code of Conduct, and if so, what sanctions are appropriate. The Miami student and her Miami University DUI lawyer will be provided written notification within a few business days.

The Miami University of Ohio Student Disciplinary Process Part 5: Sanctions or Consequences

The Miami University Code of Student Conduct states that sanctions should be commensurate with the misconduct that occurred, including when the misconduct is related to a Miami student DUI, OVI or drinking and driving charge. Individual circumstances, attitude, and the student’s behavioral history are a few of the factors that Miami University will consider when imposing punishment. The University also considers the harm to others and the college community as a whole. Thus, a second student DUI, or third student DUI, is likely to be punished more severely than a first student DUI. If you’re facing a second or third drinking and driving disciplinary case, an experienced Miami University DUI lawyer is extremely important to your case. Sanctions for any student misconduct may include the following:

Miami University Written Reprimand

This is an official written notice from Miami University expressing disapproval of a student’s actions. The warning also provides notice that any future violation will be dealt with more severely.

Miami University Financial Sanctions

A Miami student faces mandatory financial sanctions when found in violation of the student code of conduct.

Miami University Disciplinary Restrictions

Miami University can deny or withhold a specific privilege, or privileges, for a designated period of time. This may be associated with loss of student housing, academic programs, financial aid or extracurricular activities.

Miami University Educational Sanctions

This type of punishment focuses on educational opportunities for the student, including workshops, events, research papers, meetings, counseling sessions, or activities related to the violation. Some terms of intervention may be to complete Oxford Ohio DUI educational classes, substance abuse treatment at an Oxford Ohio DUI treatment facility or community service. This particular sanction is designed to assist the Miami student in learning more about how his behavior impacted himself and the community.

Miami University Disciplinary Probation

Disciplinary Probation lasts for a specific range of time and includes the likelihood of more severe disciplinary sanctions if the Oxford student violates the student code while serving probation. If a student is put on Miami University disciplinary probation, it may affect his ability to participate in athletics, serve in student organizations, be inducted into a fraternity or sorority, or act as a representative of Miami. It may also cause the Miami student to lose some other privileges he receives from the university, including a student job or financial aid package. Some terms of disciplinary probation may be an Oxford Ohio DUI educational class, substance abuse treatment at an Oxford Ohio DUI treatment facility or community service in Butler County Ohio.

Miami University Restitution

This sanction is considered payment for loss, damage, or injury caused to the school or another person. Payment may take the form of direct payment or material replacement, and sometimes, community service. For example, if a student causes property damage while committing an Oxford Ohio DUI and getting into an accident, as part of the sanctions, the Miami student may be required to pay for the damage.

Miami University Suspension

This is a very serious sanction and involves the separation of a student from Miami for a specified period of time, after which the student is eligible to return. A Miami suspension is a complete separation from all University activities including classes, events, services, facilities, grounds and campus property. Conditions for readmission are often required by the University and may include Oxford Ohio DUI educational classes, substance abuse treatment at an Oxford Ohio DUI treatment facility or community service in Oxford.

Miami University Expulsion

This is the most severe sanction that Miami can impose on one of its students. When a Miami student is expelled, the student is permanently separated from the University and is not permitted to return. Expulsion pertains to all activities, facilities, services, college grounds, and precludes future enrollment in the Miami’s undergraduate, graduate, and professional schools, even twenty years into the future.

Miami University Students Can Appeal the University’s Decision and Sanction

A Miami student found in violation of the code by any means, including a student DUI offense, has the right to appeal the decision and sanction with or without a Miami University DUI lawyer. However, the Miami Student Code of Conduct strictly limits a student’s appeal to the following circumstances:

  • To determine if there was a misinterpretation of the rule in question or to determine whether a substantial procedural error occurred at the hearing that was materially prejudicial to the student.
  • To determine if the sanction imposed was unduly harsh given the facts and circumstances surrounding the misconduct.
  • To determine if there is new evidence, information or witnesses that were not available at the time of the Miami student’s original trial and which appears favorable to the student.

After reviewing the appeal, as well as any additional documentation submitted by the student, the Miami appeals board will take one the following actions:

  • The appeals board may deny the appeal and the original decision will be upheld.
  • The appeals board may reverse the finding of guilt and sanctions and dismiss the case.
  • The appeals board may modify the decision by increasing or reducing the sanctions.
  • The appeals board may remand the case for a new hearing.

Other Ohio Colleges and Universities

If you are a college student at one of Ohio’s other colleges or universities, please click on the link to review the university’s procedures as they relate to DUI and the disciplinary process. Jeremiah Denslow is an Miami University DUI lawyer who represents Miami students and other college students throughout the state of Ohio, including the following Ohio schools:

Common Mistakes in Ohio DUI/OVI Investigations

No Oxford Ohio DUI/OVI/drinking and driving arrest is perfect and the best Miami University DUI lawyers knows this. Most Oxford Ohio DUI/OVI investigations include a number of witnesses, including police officers and the personnel who collect, store and test chemical samples.  These witnesses are human and they make mistakes. Further, most Oxford Ohio DUI/OVI investigations include a breath testing device or other testing equipment that is not always maintained according to current Oxford Ohio DUI/OVI regulations.

Do You Want Award-Winning Ohio DUI/OVI Representation?

There are over 1 million laws in the United States. I am a Miami University DUI lawyer who devotes his entire practice to just a few-DUI and criminal defense. Because of my experience and concentrated focus, I know the Oxford Ohio DUI/OVI laws better than most attorneys in the state. I am a passionate Miami University DUI lawyer and I get results, however, I only accept a limited number of clients. If you’re serious about your case and want a good Miami University DUI lawyer on your team, call me, the Ohio DUI Dude at 513-268-4000.

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