A top University of Cincinnati DUI lawyer can make a big difference when a UC student is charged with a DUI or other criminal offense. When college students are charged with a DUI, they often go to their initial appearance in court without consulting with their parents or a University of Cincinnati DUI lawyer. These students often plead guilty to the DUI charge figuring that the consequences won’t be too serious. Unfortunately, these students don’t usually understand all the consequences of an Ohio DUI conviction.
If a University of Cincinnati student pleads guilty to a DUI charge, they face a number of serious sanctions as part of their sentence: (1) mandatory period of incarceration in the Hamilton County Jail or a Cincinnati Jail from three days minimum up to a maximum of six months; (2) a mandatory fine up to $1075; (3) drug and alcohol treatment at a University of Cincinnati DUI treatment facility or another similar treatment center in Cincinnati, Ohio; (4) a mandatory license suspension that can last up to three years but can be no shorter than six months; (5) probation with the Hamilton County Municipal Court or one of the other Cincinnati Municipal Courts; and (6) installation of yellow DUI license plates and an ignition interlock device on the student’s automobile during the license suspension. These are the standard penalties associated with an Ohio DUI and can be imposed on anyone who pleads guilty of a DUI in a Cincinnati court. However, with the help of an experienced University of Cincinnati DUI lawyer, you can avoid most of these penalties.
A drinking and driving charge on a UC student’s record carries long term consequences as well, above and beyond the standard punishments imposed by the Cincinnati Municipal Court. Most University of Cincinnati DUI lawyers inform their DUI clients a drinking and driving conviction that goes on a student’s record cannot be sealed or expunged under current Ohio law and it does not come off of your record after three years like many traffic violations. In fact, University of Cincinnati DUI lawyers should inform DUI clients that a DUI conviction will NEVER come off of the student’s criminal record. Instead, it will stay on the student’s record for the rest of their life, potentially preventing the student from obtaining employment after they graduate from college.
Further, UC students who are charged with DUI, OVI, drinking and driving and other criminal charges face more significant penalties than most Cincinnati DUI offenders. That’s because the UC student face the drinking and driving charge in Hamilton County Municipal Court or another Cincinnati Municipal Court where DUI charges handled, and also at the University of Cincinnati, where the university has the power to bring charges against the student with a violation of the code of student conduct. This is another reason why UC students charged with drinking and driving should consult with an experienced University of Cincinnati DUI Lawyer.
Depending on the facts and circumstances of the UC student’s DUI case, there are many DUI defense strategies that a University of Cincinnati DUI lawyer can utilize to defend the case. If you are a UC student with a student DUI case, you should consider talking to a top University of Cincinnati 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 of DUI. A top University of Cincinnati DUI lawyer can often prevent a DUI conviction and associated penalties through the use of many strategies, including some of the DUI defense techniques addressed below.
The first and most common DUI defense strategy that a top University of Cincinnati DUI lawyer should consider is whether the Cincinnati police officer or Hamilton County Sheriff Deputy had reason to believe that the UC student was under the influence of drugs or alcohol prior to the initial traffic stop. If the officer didn’t have reasonable suspicion of impairment, and there wasn’t another valid reason for the stop, the Hamilton County Municipal Court will likely to dismiss the case if the University of Cincinnati DUI lawyer challenges the stop through a motion to suppress.
A second strategy that University of Cincinnati DUI lawyers should evaluate when representing student DUI cases is whether the Cincinnati police officer or Hamilton County Sheriff Deputy had the required legal basis to elevate the initial stop from a routine traffic stop to a DUI investigation. The majority of Cincinnati DUI charges originate with a traffic stop unrelated to drinking and driving. For example, an Cincinnati police officer or Hamilton County Sheriff Deputy might follow a student driver after watching the student leave a bar near campus and get into his vehicle. Instead of immediately stopping the student driver, the officer will wait until the student driver commits a traffic violation like speeding or not using a turn signal. The Cincinnati police officer or Hamilton County Sheriff Deputy then stops the vehicle and conducts a routine interaction with the student driver, asking for license and proof of insurance. If the student driver demonstrates any of the traditional signs of impairment, like slurred speech, watery eyes or lack of coordination, the officer is likely to turn the traffic stop into a DUI investigation. However, Ohio law prohibits Cincinnati officers and sheriff deputies from doing this unless they have specific facts that support their suspicion. Top University of Cincinnati DUI lawyers understand this strategy and can use it to get a Cincinnati DUI case dismissed in some cases or reduced to a lower charge.
Another DUI defense strategy that top University of Cincinnati DUI lawyers evaluate is whether the Cincinnati police officer or Hamilton County Sheriff Deputy administered the field sobriety tests in accordance with National Highway Traffic Safety Administration (NHTSA) policies and procedures? Field sobriety testing is a routine part of any Cincinnati DUI investigation. Student drivers are not required to take these tests and they can’t be penalized for refusing to do so, however, most college students who are the target of a DUI investigation agree to take them. Fortunately, it’s not uncommon for Cincinnati police officers and Hamilton County Sheriff Deputies to make mistakes in giving instructions, demonstrating the tests and scoring the student’s performance on the tests. If the police officer made a few minor errors, the court will likely be willing to overlook them, however, if there are a significant number of mistakes, an experienced University of Cincinnati DUI lawyer may be able to get the DUI case dismissed or reduced to a lower offense.
Another example of a DUI defense strategy that top University of Cincinnati DUI lawyers will typically consider is whether there are alternative, innocent explanations for evidence that may initially appear to support a DUI case. For example, it’s not uncommon for a Cincinnati police officer or Hamilton County Sheriff Deputy to say that a student driver with slurred speech and bloodshot eyes is drunk or under the influence of drugs. And they may be correct, depending on the circumstances. But a top University of Cincinnati DUI lawyer, through proper research and client consultation know that slurred speech and bloodshot eyes could just as easily be caused by a medical condition or because the UC student stayed up too late the night before getting ready for an exam. Many of the indicators of impairment can be caused by fatigue or exhaustion without any drugs or alcohol. Even when an officer smells an odor of alcohol on the student driver, it might only be a drink or two, which is perfectly legal under Ohio law. When you have an exhausted college student and combine a few drinks with a lack of sleep, they may seem to be impaired. However, that’s not necessarily so. The UC student may be operating within the law while the Cincinnati officer believes he’s guilty of impaired driving. If the student’s DUI case rests entirely on slurred speech, bloodshot eyes and the smell of alcohol, a good University of Cincinnati DUI lawyer may be able to get the case dismissed at a jury trial or reduced to a lesser offense through negotiations with the prosecuting attorney.
One more defense strategy that is available to University of Cincinnati DUI lawyers is evaluation of whether the Cincinnati police officer or Hamilton County Sheriff Deputy followed Ohio DUI regulations in administering a chemical test, which could include a breath, blood or urine analysis. The federal government, city of Cincinnati, Hamilton County and State of Ohio have hundreds of regulations applicable to blood, breath and urine testing in drinking and driving cases. For breath tests alone, the machines used by the Cincinnati Police Department must be tested, certified and calibrated on a strict schedule. In addition, Ohio law requires Cincinnati police officers and Hamilton County Sheriff Deputies to be licensed in order to operate the breath testing machines. In addition, law enforcement is required to observe the University of Cincinnati student for twenty minutes before asking them to blow in a breath test and the test must be administered within a specific number of hours of the DUI traffic stop. With hundreds of regulations governing chemical samples in DUI cases, it shouldn’t surprise anyone when the police officers or sheriff deputies make a mistake. However, when they do, a good University of Cincinnati DUI lawyer may be able to find that mistake and get the case dismissed or reduced to a lower offense.
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Hello, my name is Jeremiah Denslow and I’m an Ohio lawyer. I dedicate my entire legal practice to DUI and criminal defense cases. I practice in virtually in all Ohio courts representing college students charged with drinking and driving and other criminal offenses. If you are a UC student and have a DUI case in Cincinnati, please contact a University of Cincinnati DUI lawyer because we can help. In 2016, I was able to get the majority of the charges against my clients dismissed or reduced, most without the stress and inconvenience of going to trial. While it’s unethical to guarantee results in a DUI or criminal case, and past success is not a guarantee of future success, my goal is always a dismissal or reduction of the charges. While it doesn’t always happen, more often than not, we’re successful. I run my practice using a straight forward formula for success: (a) My practice is dedicated to DUI and criminal defense; (b) I practice in all Ohio courts but ONLY in Ohio; and (3) I limit the number of cases I accept each year. It’s a focused practice with fewer clients and more attention for each client.
If you are a UC student with a Cincinnati DUI case, give me a call. I’m a University of Cincinnati DUI lawyer and you can reach me at 513-268-4000 or 1-844-DUI-DUDE.
In addition to the regular legal process that plays out in a Cincinnati court, a University of Cincinnati student may face discipline from the University as well. The University of Cincinnati Student Code of Conduct prohibits many types of student behavior including academic misconduct, drug use, illegal consumption of alcohol and student DUI. Any student found to have committed any of the following conduct is subject to disciplinary action by the University of Cincinnati:
Any person, department, organization or entity may file a complaint with the Office of University Judicial Affairs alleging that a student violated the Cincinnati Student Code of Conduct, including the commission of a student DUI/OVI offense. If a person, department or organization so requests, the college will keep the reporter’s identity confidential. Once the University of Cincinnati receives a complaint, it will assign a hearing officer to the case and invite the UC student to a hearing. The disciplinary procedures at UC permit the accused student to retain a University of Cincinnati DUI lawyer to help defend any disciplinary charge.
After scheduling the hearing, the University of Cincinnati will contact the student with an assigned date and time to discuss the alleged violations of the Student Code of Conduct. The University’s stated goal in this portion of the process is to allow the Cincinnati student to review the incident report, discuss the incident with the hearing officer, inform the student of the University of Cincinnati disciplinary process, and inform the UC student of his rights and responsibilities within the process. UC students can attend this hearing with or without a Miami University DUI lawyer.
A University of Cincinnati student has the following rights:
Instead of a judge, the University uses a hearing officer to assess the facts and circumstances of the case and determine if a violation of the Cincinnati student code of conduct occurred. The standard of evidence at the hearing is a preponderance of the evidence, meaning the University must prove its case against the Cincinnati student by just 51%. Most University of Cincinnati 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 a Hamilton County Municipal Court DUI case.. At the end of the proceedings, the hearing officer will decide if the student is in violation of Cincinnati’s student code of conduct.
The accused UC student may have an experienced University of Cincinnati DUI lawyer throughout the disciplinary hearing, however, the lawyer’s involvement is limited by the University’s rules. For example, the University, like most colleges, only permits the University of Cincinnati DUI lawyer to counsel the accused UC student, advise him, give him direction and explain things during the course of the hearing.
While the lawyer’s role may be limited, it can be very advantageous for a student to have a University of Cincinnati DUI lawyer during these proceedings, particularly when they have a student DUI pending in Hamilton County Municipal Court. Why? For many reasons, but one of the biggest reasons is that students without a University of Cincinnati DUI lawyer typically make admissions of inappropriate or illegal conduct at disciplinary hearings, even when they don’t realize they’re doing so. Such statements can then be admitted into evidence in his official Cincinnati Municipal Court hearing to determine the student’s guilt or innocence. This may lead one to believe that a Cincinnati student should never make a statement at the disciplinary hearing. However, it’s not always wise for a student to sit silently because a UC student’s testimony can, at times, be extremely helpful to prove his innocence in the disciplinary process. Only an experienced University of Cincinnati DUI lawyer can provide real-time advice on whether the UC student should talk or remain silent in the student disciplinary hearing.
During the University of Cincinnati student’s hearing, the hearing officer will assess the facts and circumstances to determine if the UC student is responsible for each of the alleged violations. If a student is found in violation, he has the following options:
This decision is best made with the assistance of the student’s University of Cincinnati DUI lawyer. If a University of Cincinnati student disagrees with the determination his guilt or feels the sanctions are too harsh, he can appeal to the administrative review committee. If a UC student takes his case to the administrative review committee, a full hearing or trial will be scheduled. At the trial, the student is permitted to call witnesses, submit evidence, ask questions of opposing witnesses and make a closing argument. He can do this on his own and he can do some of it with the help of a University of Cincinnati DUI lawyer. Keep in mind that a student’s attorney can offer advice during the proceedings, the attorney cannot make statements on the student’s behalf.
At the conclusion of the hearing, the committee votes to determine the UC student’s guilt or innocence. Their vote is then forwarded to the University of Cincinnati’s Dean of Students. The Dean will review the committee’s findings and proposed sanctions and take one of the following actions:
If the University of Cincinnati student does not agree with the final findings, he may appeal the decision to Cincinnati’s Office of University Judicial Affairs. An appeal should not be attempted without the help of a University of Cincinnati DUI lawyer.
The University of Cincinnati’s code of conduct states that sanctions should be commensurate with the violations that occurred. One or more of the following sanctions may be taken when a University of Cincinnati student has violated the code of student conduct, including committing a student DUI offense:
This sanction involves notification to the UC student in writing that his or her behavior is unacceptable and that any other violation may warrant further sanctions. In essence, this is a warning. If a Cincinnati student who receives a reprimand incurs another disciplinary infraction, including a student DUI/OVI/drinking and driving charge, the student will likely be sanctioned more severely.
Probation imposes specific restrictions or demands on the UC student for a specified period of time. The terms of probation vary with each case and may include restrictions related to participation in intercollegiate athletics and extracurricular activities. The student may be assigned a probation officer and required to meet with the officer on a regular basis. Terms of probation for a student DUI/OVI may involve drug or alcohol counseling and specific programs including Think About It: Alcohol or Drugs, PACE Workshop, and Alcohol Skills Education Program (ASEP). Any further misconduct on the Cincinnati student’s part during the period of probation, including another DUI, may result in the student’s suspension or dismissal. The only real restriction on the University of Cincinnati in setting the terms of probation is that the terms may not be academically restrictive in nature.
As the name implies, a Cincinnati student will be prohibited from attending the university for a specified period of time. University of Cincinnati disciplinary suspensions have definite commencement and termination dates. UC Students placed on suspension must comply with all suspension requirements. For a Cincinnati student DUI offense, this may include drug or alcohol counseling and specific programs including Think About It: Alcohol or Drugs, the PACE Workshop, and Alcohol Skills Education Program (ASEP). A University of Cincinnati student seeking to attend the university after the conclusion of his or her suspension is required to obtain permission from the Office of Judicial Affairs.
This sanction is the University’s nuclear option. It permanently prohibits the student from attending the University of Cincinnati and from being present, without permission, on any university property.
A University of Cincinnati student found in violation of the code by any means has the right to appeal the decision and sanction, with or without a University of Cincinnati DUI lawyer,. The Code of Conduct limits any appeal to the specific grounds outlined as follows:
After reviewing the appeal, as well as any additional documentation, the University of Cincinnati Appeals Administrator will take one the following actions:
If you attend any of Ohio’s biggest colleges or universities, please click on the link to review the university’s procedures as they relate to drinking and driving, underage alcohol consumption and the disciplinary process. Jeremiah Denslow is a University of Cincinnati DUI lawyer who represents UC students and other college students throughout the state of Ohio, including the following Ohio schools:
No Cincinnati Ohio DUI/OVI/drinking and driving arrest is perfect and the best University of Cincinnati DUI lawyers know this. Most Cincinnati 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 Cincinnati DUI/OVI investigations include a breath testing device or other testing equipment that is not always maintained according to current Cincinnati DUI/OVI regulations.
There are over 1 million laws in the United States. I am a University of Cincinnati 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 Cincinnati DUI/OVI laws better than most attorneys in the state. I am a passionate University of Cincinnati 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 dedicated University of Cincinnati Ohio DUI lawyer on your team, call me, the Ohio DUI Dude at 513-268-4000 or 1-844-DUI-DUDE.