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.
Find Out How I Can Help Below...
When UD students are charged with a DUI or other criminal offense, it’s important that they discuss their case with a University of Dayton DUI lawyer before going to court. When University of Dayton students are charged with drinking and driving, they often go to their arraignment in Dayton Municipal Court without informing their parents or contacting a University of Dayton DUI lawyer. These students sometimes plead guilty to the charges against them, having decided that the consequences don’t sound that bad. Unfortunately, these students don’t usually understand all the potential consequences of an Ohio DUI conviction.
When a University of Dayton student pleads guilty to drinking and driving, they face a number of serious sanctions as part of their sentence: (1) mandatory jail sentence at the Montgomery County Jail or Dayton Jail for at least 3 days up to a maximum of 180 days; (2) a mandatory minimum fine of $375 up to a maximum of $1075; (3) substance abuse treatment at a University of Dayton DUI treatment facility or another drug and alcohol treatment facility in Dayton, Ohio; (4) a mandatory driver license suspension that ranges from minimum of six months to a maximum of three years on a first offense ; (5) probation with the Dayton Municipal Court or one of the other Dayton DUI Courts; and (6) installation of yellow license plates on their vehicle that signifies a DUI conviction; and (7) an alcohol breath testing device on the student’s automobile during the license suspension.
These are the standard potential penalties associated with an Ohio DUI conviction and can be imposed on anyone who pleads guilty of a DUI in a Dayton court. However, UD students who seek the assistance of an experienced University of Dayton DUI lawyer can avoid most of these serious consequences. While hiring a University of Dayton DUI lawyer is no guarantee of success, often times the lawyer can convince the prosecuting attorney to dismiss the DUI charge by agreeing to a lesser traffic offense like reckless operation or physical control. These charges don’t carry the mandatory jail time, mandatory fines or mandatory license suspensions that are associated with a Dayton DUI conviction.
In addition to the penalties discussed above, a UD student who is convicted of drinking and driving will face a number of long term consequences as well, in addition to the sentence in their Dayton Municipal Court case. A University of Dayton DUI lawyer can educate their DUI clients about the long term consequences of a DUI conviction. For example, a drinking and driving conviction that goes on a student’s record cannot be sealed or expunged under Ohio law. Ever. That means a DUI conviction will stay on the student’s criminal record for the rest of their life. An experienced University of Dayton DUI lawyer understands that and also understands that a DUI conviction can have an impact on a UD student’s ability to get suitable employment upon graduation.
Another example of a long term consequence associated with a Dayton DUI conviction is the potential for increased automobile insurance premiums. While every insurance company is different, they have the ability to raise a student’s insurance rates for a student DUI conviction or cancel the policy all together. University of Dayton DUI lawyers can educate their clients about these and other lesser known consequences of a UD student DUI conviction–the automatic six points that goes on the the student’s license. The six points from a Dayton DUI can trigger a second license suspension if the student already has points on their license or if they get a few more points in the future. Finally, if a DUI convict is ever suspected of drinking and driving in the future, the penalties are much more severe. A University of Dayton DUI lawyer can educate you on the exact penalties for each subsequent student DUI offense, however, rest assured, there is increased jail time, higher fines, longer license suspensions, automobile immobilization and even automobile forfeiture. Some DUI convictions even carry prison time.
Equally troubling, UD students who are charged with DUI and other low level criminal charges face more significant penalties than most Dayton DUI offenders because of University of Dayton’s code of student conduct. The University of Dayton has the power to bring disciplinary charges against a UD student charged with drinking and driving and often do so by charging them with a violation of the code of student conduct. Potential penalties can include probation, suspension and even expulsion. This is yet another reason why UD students charged with drinking and driving are best served by working with an experienced University of Dayton DUI Lawyer.
Depending on the particular facts of the UD student’s DUI case, there are many defense strategies that a University of Dayton DUI lawyer can use to get the best outcome for their student clients. If you are a UD student with a student DUI case, you should consider talking to a top University of Dayton DUI lawyer to see if he can get the case dismissed or reduced to a minor traffic violation. The serious consequences written about above only apply to drivers who are convicted of a Dayton DUI. A top University of Dayton DUI lawyer can often keep a DUI conviction off of the student’s record through the use of many creative strategies, including some of the following DUI defense techniques.
The initial DUI defense technique that a top University of Dayton DUI lawyer should consider is whether the Dayton police officer had reason to believe that the UD student was under the influence of drugs or alcohol before the officer made initial contact with the student. In a Dayton DUI case, this typically happens when the Dayton officer initiates a traffic stop on the student driver. If the officer didn’t have reasonable suspicion of alcohol or drug use, and there wasn’t another legitimate reason for the traffic stop, a University of Dayton DUI lawyer should file a motion to suppress in an effort to get the DUI case dismissed.
Another important defense technique that University of Dayton DUI lawyers should evaluate when representing UD students charged with DUI is whether the Dayton police officer possessed the required evidence to elevate the initial stop to a DUI investigation. Typically, Dayton DUI charges originate with a traffic stop unrelated to drinking and driving. For example, let’s say that a Dayton police officer sees a UD student leaving a party on campus and get into his vehicle. Rather than immediately stopping the student before he starts his car, the officer often allows the student to start his car and drive, even when under the influence, until the student driver commits a minor traffic violation. With hundreds, if not thousands, of traffic laws in Ohio, it’s not uncommon for a sober student driver to commit a violation every time they drive, let alone if they are driving under the influence of alcohol or drugs. The Dayton police officer would then stop the student driver and conduct a routine traffic stop, asking for license and registration. If the student driver demonstrates any sign of impairment during this interaction, the officer is likely to turn the traffic stop into a DUI investigation. It’s important to understand that Ohio law does not allow Dayton police to do that unless they can articulate specific evidence that supports their suspicion. Experienced University of Dayton DUI lawyers understand the applicable legal standards in this type of situation. They should file a motion to suppress in an effort to get the DUI case dismissed if the officer lacked reasonable suspicion to elevate the stop to a DUI investigation.
A University of Dayton DUI lawyer will likely evaluate whether the Dayton police officer administered field sobriety testing in compliance with federal standards. Field sobriety testing is very common in Dayton DUI investigations and can be extremely damaging to a student driver’s case . Student drivers are not required to comply with field sobriety testing and Ohio law does not punish them if they don’t. Unfortunately, many UD students who are the target of a Dayton DUI investigation agree to take them without realizing the consequences. Fortunately, it’s not uncommon for Dayton police officers to make mistakes when they administer field sobriety testing. They may fail to comply with the federal standards in giving the instructions, demonstrating the tests or scoring the student driver’s performance on the tests. If the officer’s mistakes are significant enough, a University of Dayton DUI lawyer should file a motion to suppress in an effort to get the DUI case dismissed or reduced to a lesser offense.
Another example of a DUI defense strategy that top University of Dayton DUI lawyers should evaluate when a student doesn’t perform well on field sobriety testing is whether their performance was influenced by factors other than impairment. For example, the following issues can all cause poor performance on field sobriety testing even when the student driver is not impaired:
If the sobriety testing was impacted by any of these factors, a University of Dayton DUI lawyer can file a motion to dismiss in an attempt to get the Dayton DUI charge dismissed or reduced to a lower traffic offense.
Yet another defense technique that is available to University of Dayton DUI lawyers is a case by case evaluation of the inherent margin of error in breath testing devices. Most people are aware that Dayton police officers will try to get a student DUI suspect to take a breath test as part of their investigation. A breath test result that is above the legal limit is usually the strongest piece of evidence in a DUI case. From a defense perspective, it’s also one of the most difficult to attack. What most people don’t realize is that even if maintenance and calibration of the breath testing machine is perfect and the breath test is given according to accepted protocol, there remains an inherent error rate in the testing. Most experts agree the inherent error rate is about +/- .02 for DUI breath testing. While this inherent error rate isn’t significant in a lot of cases, if a student driver’s test is barely above the legal limit, it can be a valid reason to get the case dismissed or reduced to a minor traffic violation. Experienced University of Dayton DUI lawyers understand this issue and will evaluate each case to see if it is applicable.
Another defense strategy that University of Dayton DUI lawyers should consider is whether the Dayton police officer followed the rules when giving the student driver a breath test. When it comes to chemical testing in Dayton DUI cases, there are many regulations the police must follow in administering a breath, blood or urine test. In fact, there are hundreds of regulations. For example, in breath tests, the devices used by the Dayton Police Department must be tested, certified and calibrated on a regular basis. In addition, Ohio law requires Dayton police officers to hold valid certifications in order to operate the breath testing devices. With hundreds of regulations like these applicable to chemical testing in DUI cases, it shouldn’t surprise anyone when a mistake is made. When they are, a good University of Dayton DUI lawyer should file a motion to suppress in an effort to get the case dismissed or reduced to a lower level traffic charge.
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Hello, my name is Jeremiah Denslow and I’m an Ohio lawyer who focuses on DUI and criminal defense. I am licensed to practice in all courts in the state of Ohio. I travel to cities like Oxford, Bowling Green, Cincinnati and Dayton representing college students charged with drinking and driving and other criminal offenses. If you are a UD student and have a DUI case, you would benefit by talking to a University of Dayton DUI lawyer. In 2016, I was able to get the majority of the charges against my clients dismissed or reduced. While past success is not a guarantee of future success, and it’s unethical to guarantee results in any individual case, my goal in each case is a dismissal or reduction. I run my practice using a straight forward formula for success: (a) I focus my practice on DUI defense; (b) I only take cases in Ohio; and (3) I accept a limited number of clients. In summary, my practice is focused on DUI and criminal defense and I have a relatively low number of cases open at any time. These means I have more time and attention to devote to each client and their case.
If you are a UD student with a Dayton DUI case, give me a call. I’m a University of Dayton DUI lawyer and you can reach me at 937-242-6400 or 1-844-DUI-DUDE.
In addition to the regular legal process that plays out in the Dayton Municipal Court, a University of Dayton student with a DUI case may face discipline from the college as well. The University of Dayton Code of Student 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 is subject to the University of Dayton disciplinary process. The UD code of student conduct allows the student to retain a University of Dayton DUI lawyer to help defend against any charge of disciplinary violations.
Members of the University of Dayton community may file a report alleging that a University of Dayton student has committed a violation of the Code of Student Conduct, including drinking and driving or student DUI. In addition, the college may receive referrals from external entities, including Dayton law enforcement agencies who routinely make referrals for students caught drinking and driving in Dayton and other Ohio cities. Upon receipt of a referral, the college reviews all relevant information and may consult with the appropriate parties regarding the incident in question. The UD student will be notified of the alleged violation and summoned to appear before a University of Dayton student hearing officer for an initial meeting called a behavioral hearing. It is at this point in the proceedings that UD students would be wise to contact a University of Dayton DUI lawyer. In addition, the University will provide the student with notification of the specific allegations against him and a copy of the DUI incident report if the student is charged with DUI, OVI or drinking and driving.
The University of Dayton student is provided with notification of the following rights at this stage of the proceeding:
This hearing can serve the University of Dayton student in providing a brief route in which to proceed through the disciplinary process. At the initial hearing, the officer will formally notify the student of the allegation against him and be provided a copy of any reports or statements that were made against him. In the case of a DUI/OVI allegation, this may include Dayton police reports, Dayton DUI reports, field sobriety test results and results from any DUI breath test, DUI blood test or DUI urine test. The accused student will also be asked to make a statement concerning the reported violation, but is under no obligation to do so. He may simply admit the violation or deny responsibility for the violation and ask for a full trial with the University of Dayton Hearing Board. This decision shouldn’t be made without first consulting with a University of Dayton DUI lawyer.
If the UD student decides to make a statement and answer questions about the alleged infraction, he can do so but is not permitted to have witnesses testify for him. Witnesses are reserved for the trial or accountability hearing if the case proceeds that far. Again, this is an abbreviated channel to get through UD’s disciplinary process. After listening to the Dayton student’s position and version of the events, as well as input from a University of Dayton DUI lawyer the University will issue a decision as to whether it believes the student is in violation of the student code of conduct. In addition, the University may issue sanctions as well. If the UD student does not agree with the finding of guilt or responsibility, or the proposed sanctions, he may ask for a full trial or accountable hearing, or he may appeal the findings.
Any University of Dayton student who denies or challenges an alleged violation of the Code of Student Conduct, including a DUI/OVI offense, will be scheduled for a hearing. Rather than a judge, the University uses a student hearing board to assess the facts and circumstances of the case and determine if a violation of the student code of conduct occurred.
The standard of evidence at the hearing is a preponderance of the evidence, meaning the University of Dayton must prove its case against the student by just fifty-one percent. In other words, the University merely has to prove it’s more likely than not that the student misconduct occurred, which is the lowest standard of evidence in American jurisprudence. A University of Dayton DUI lawyer can explain what this means, however, preponderance of the evidence is far lower than proof beyond a reasonable doubt, the burden of proof in the Dayton Municipal Court DUI case. At the end of the proceedings, the student hearing board will determine if the student violated the University of Dayton’s Student Code of Conduct.
Again, the accused student may have a Dayton Ohio DUI lawyer throughout the hearing, however, the lawyer’s involvement is limited by the UD’s rules and procedures. For example, the University of Dayton, like many colleges, only permits the University of Dayton 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 University of Dayton DUI lawyer can advocate on the student’s behalf during proceedings. While the lawyer’s role may be limited, it can be very advantageous for a student to have a University of Dayton DUI lawyer, particularly when the student also has a DUI, OVI or drinking and driving charge pending in Dayton Ohio Municipal Court.
A lawyer is preferred for many reasons, but one of the biggest reasons is that unrepresented University of Dayton students often make admissions of illegal behavior at disciplinary hearings, including DUI, even when they don’t realize they’re doing so. Such statements can then be admitted into a case that is pending in a Dayton Municipal Court DUI trial to determine the student’s guilt or innocence. This may lead one to believe that a University of Dayton student should never make a statement or answer questions at the hearing. However, it’s not quite that simple. Sometimes it can be extremely beneficial for a student to provide his version of events because the student’s testimony can sometimes prove his innocence in the disciplinary forum. Only an experienced University of Dayton DUI lawyer can provide real-time advice on whether the student should make statements, answer questions or remain silent in the trial.
The University of Dayton Student Code of Conduct sets forth some other basic rules for the hearing:
At the conclusion of the hearing, the student board or hearing officer will determine whether the accused student is in violation of University of Dayton Student Code of Conduct. The day after the board’s verdict is reached, the student, and his University of Dayton DUI lawyer, will be provided notification of the decision and sanctions if found in violation.
The University of Dayton Student Code of Conduct states that consequences should be commensurate with the violation found to have occurred, including when the violation is related to a UD student DUI, OVI or drinking and driving charge. Individual circumstances, attitude, and the student’s behavioral history are just a few of the factors the college will consider when imposing sanctions. Thus, University of Dayton DUI lawyers can tell you that a second student DUI offense, or third student DUI offense, is likely to be punished more severely than a first student DUI. Possible sanctions include:
University of Dayton Written Warning
This is an official written notice from the University of Dayton expressing disapproval of a student’s actions. The warning also typically indicates that any future violation will be dealt with more severe sanctions.
University of Dayton Fines
The UD student may be required to pay monetary fines for a violation of the student code.
University of Dayton Restriction or Loss of Privileges
The University of Dayton can deny a student specific privileges for a designated period of time. This may be associated with loss of student housing, academic programs or extracurricular activities.
University of Dayton Intervention
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 DUI educational classes in Dayton Ohio, substance abuse treatment at a Dayton Ohio DUI treatment facility or community service.
University of Dayton Probation
Probation is a sanction that is imposed for a specific period of time and includes the likelihood of more severe disciplinary sanctions if the student violates the student code while on probation. If a student With a Dayton DUI is put on UD 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 the University of Dayton. Some terms of probation may be to complete Dayton DUI educational classes, substance abuse treatment at a Montgomery County Ohio DUI treatment facility or community service.
University of Dayton Restitution
This type of sanction is considered compensation for loss, damage, or injury caused to the school or another person. This compensation may take the form of community service, monetary payment or material replacement. For example, if a student causes property damage while committing a Dayton DUI and getting into a traffic accident, as part of his sanctions, he may be required to perform community service for the university in lieu of monetary payment.
University of Dayton Suspension
This is a very serious sanction and involves the separation of a student from the university for a specified period of time, after which the student is eligible to return. A University of Dayton suspension is a complete separation from all University classes, activities, events, services, facilities, grounds and campus property Conditions for readmission are often required and may involve Dayton Ohio DUI educational classes, substance abuse treatment at A Dayton Ohio DUI treatment facility or community service. If suspension or expulsion is a possibility in your case, I strongly recommend consulting with an experienced University of Dayton DUI lawyer
University of Dayton Expulsion
This is the most severe sanction the University can impose on a student. When a student is expelled, he is kicked out of the University and is not permitted to return. Expulsion pertains to all classes, activities, facilities, services, college grounds, and precludes any future enrollment in the University’s undergraduate, graduate, and professional schools. If suspension or expulsion is a possibility in your case, I strongly recommend consulting with an experienced University of Dayton DUI lawyer
A Dayton student found in violation of the code by any means, including a DUI/OVI offense, has the right to appeal the decision and sanction. UD students should consult with a University of Dayton DUI lawyer to make this decision. The Student Code of Conduct strictly limits a student’s appeal to the following grounds:
Unlike most colleges in Ohio, a University of Dayton DUI lawyer will inform you that a student is not permitted to appeal if he feels his punishment is unduly harsh given the offense. That means a Dayton student with a first DUI/OVI and no disciplinary history could be expelled from the University of Dayton and the student code of conduct would not permit an appeal.
After reviewing the appeal, as well as any additional documentation submitted by the student, the Judicial Review Committee will take one the following actions:
If you attend college anywhere in Ohio, please click on the link to review the university’s procedures as related to drinking and driving, underage alcohol consumption and other criminal offenses. Jeremiah Denslow is a University of Dayton DUI lawyer who represents UD students and other college students throughout the state of Ohio, including the following universities:
No Dayton drinking and driving arrest is perfect and the best University of Dayton DUI lawyers knows this. Most Dayton 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 Dayton Ohio DUI/OVI investigations include a breath testing device or other testing equipment that is not always maintained according to current Dayton Ohio DUI/OVI regulations.
There are over 1 million laws in the United States. I am a University of Dayton 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 Dayton Ohio DUI/OVI laws better than most attorneys in the state. I am a passionate University of Dayton 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 top University of Dayton DUI lawyer on your team, call me, the Ohio DUI Dude at 937-242-6400 or 1-844-DUI-DUDE.