DUI & Ohio University Students

Ohio University DUI Lawyer with a Focus on College Students

Ohio University students who are charged with a drinking and driving offense should discuss their case with an Ohio University DUI lawyer before going to court. Unfortunately, students who attend Ohio University sometimes go to their first hearing in Athens County Municipal Court without talking to their parents about their case or contacting an Ohio University DUI lawyer. These students sometimes plead guilty to DUI and accept whatever punishment the judge gives them.  It’s unfortunate because these students rarely understand the serious consequences associated with a college student DUI conviction.

If an Ohio University student pleads guilty to DUI in Athens County Municipal Court, they face a number of penalties as part of the court’s sentence: (1) mandatory jail at the Athens County Jail anywhere from three days to six months, even on a first offense; (2) a mandatory fine anywhere from $375 to $1075 plus other court fees; (3) a drug and alcohol assessment at an Athens DUI treatment facility or Driver Intervention Program (DIP); (4) a mandatory license suspension anywhere from six months to three years, even on a first offense; (5) probation with the Athens County Municipal Court or one of the other Athens area DUI Courts; (6) installation of yellow DUI license plates on the student’s vehicle; and (7) installation of an ignition interlock device on the student’s vehicle. 

These are the standard penalties associated with an Ohio DUI conviction and can be imposed on anyone in Athens County Municipal court. The court informs every DUI defendant of the potential penalties before a plea, however, OU students who are represented by a good Ohio University DUI lawyer can usually avoid most of them. An Ohio University DUI lawyer is no guarantee of success, however, a good attorney can often get a DUI charge dismissed or reduced to a minor traffic violation like reckless operation or physical control. These charges don’t carry the mandatory penalties that are associated with a Athens DUI conviction. Maybe more importantly, they don’t have the long-term consequences associated with them like a DUI conviction would.

An Ohio University student who is convicted of drinking and driving will be forced to endure a number of collateral consequences, in addition to the sentence imposed by the judge in Athens County Municipal Court.  An Ohio University DUI lawyer can provide information on the collateral consequences of a DUI conviction and the negative impact these consequences can have on a student’s life. For example, Ohio law does not permit a drinking and driving conviction to be expunged from the OU student’s record.

Considering that most criminal offenses committed in Ohio, even felonies, can be sealed and expunged, this is an extremely serious consequence of a student DUI conviction. That means a drinking and driving conviction will stay on the student’s criminal record for the rest of their life.  For this reason alone, the primary goal for top Ohio University DUI lawyers is to get the DUI charge dismissed or reduced to a minor charge.

An example of another collateral consequence is that a DUI conviction may impact an Ohio University student’s ability to get a good job after graduation. It’s not uncommon for employers to do background checks on potential employees, particularly in certain industries. For some employers, a criminal record will automatically disqualify a potential employee. For others, a criminal record won’t automatically disqualify the student applicant, however, it’ll give other applicants an advantage, particularly if the applicants are otherwise relatively comparable. This is another reason that the primary goal for top Ohio University DUI lawyers is to get the DUI charge dismissed or reduced.

There are other relatively minor collateral consequence associated with an Athens DUI conviction, the first of which is increased costs for automobile insurance. While every insurance company licensed in Ohio is different, most will raise insurance rates for a student DUI conviction. Other times, the insurance company will cancel the policy all together. Ohio University DUI lawyers can educate their clients about these and other lesser known consequences of an Athens student DUI conviction. Yet another collateral consequence of a student DUI conviction is the BMV points. The Ohio Bureau of Motor Vehicles will assess six points on the student driver’s record for a student DUI conviction. The additional points may trigger a second license suspension, separate and apart from the Athens DUI suspension, if the student has already accumulated points on their license. On the other hand, top Ohio University DUI lawyers know that a reduced charge of physical control brings no points and can work the case toward that resolution if points are an issue.

If a student DUI convict is ever convicted of a second DUI in the future, the penalties are much more serious. An Ohio University DUI lawyer will typically educate their clients on the exact penalties for each subsequent student DUI offense but generally, the potential penalties are as follows: (a) mandatory minimum of ten days at the Athens County jail up to a maximum of six months; (b) mandatory minimum fine of $525 up to a maximum of $1625; (c) mandatory minimum license suspension of one year up to a maximum of five years; (d) mandatory imposition of DUI license plates on the student driver’s vehicle; (e) mandatory ignition interlock device installed on any vehicle the student driver uses; and (f) mandatory drug and alcohol treatment at an Athens County DUI treatment facility. A top Ohio University DUI lawyer can often work to minimize these penalties, however, courts are generally much tougher on second and third DUIs.
Ohio University students who are charged with a criminal case, such as drinking and driving, run the risk of violating the code of student conduct. Ohio University has the power to bring a disciplinary case against OU students charged with drinking and driving by charging them with a violation of the code of student conduct. Potential penalties can include probation, suspension and even expulsion, the most serious sanction in the Ohio University code of student conduct. This is yet another reason why Ohio University students charged with student DUI are best served by representation of a top Ohio University DUI Lawyer.

There are many defense strategies that an Ohio University DUI lawyer can use to get the best outcome for their student clients in Athens County Municipal Court. The goal of most top Ohio University DUI lawyers is a dismissal of the DUI charge or a reduction to a minor traffic violation. The penalties set forth throughout this page only apply to drivers who are convicted of an Athens DUI.  A top Ohio University DUI lawyer can often keep that from happening through the use of many creative strategies, including some of the following Athens DUI defense techniques.

Student DUI Defense Strategies for Ohio University DUI Lawyers:

Ohio University DUI lawyers will examine each student’s case to see what student DUI defenses would be most appropriate given the facts as reported by both the OU student and the Athens police. The first Athens DUI defense point of analysis that a Ohio University DUI lawyer should consider is the reason for the Athens police officer’s first contact with the student. Was the Ohio University student under the influence, or impaired, before the officer stopped the student?  Why did the Athens police officer suspect the student was impaired? If the student wasn’t intoxicated, or the officer didn’t have adequate evidence to support his belief that the student was intoxicated, an Ohio University DUI lawyer should file a motion to suppress all the evidence in the case. If the Athens County Municipal Court grants the motion, the entire student DUI case will likely be dismissed.

Athens student DUI cases usually start with a simple traffic stop, unrelated to drinking and driving. The stop could be based upon any number of traffic violations such as running a stop sign or an automobile equipment violation. During the initial encounter between the Athens police officer and the student driver, the officer may report an odor of alcohol on the driver’s breath or in the car.  The officer may also report slurred speech or red, watery eyes. If the officer sees such evidence, he’ll likely turn the traffic stop into a DUI investigation. It’s important to understand that Ohio law does not allow Athens police to do that unless they can articulate specific evidence that supports their suspicion. Ohio University DUI lawyers should ask themselves what specific factors led the Athens police officer to change the initial traffic stop into a DUI case. This is typically the second DUI defense strategy employed by a good Ohio University DUI lawyer. If the officer cannot provide sufficient justification for starting a DUI investigation, the Ohio University DUI lawyer should file a motion to suppress all the subsequent evidence the police obtained, including incriminating statements made by the student driver, field sobriety test results and any chemical test that gives a blood alcohol concentration. If the Athens County Municipal Court grants the motion, the entire student DUI case will likely be dismissed.

Standardized Sobriety Testing is a standard investigation tool used in Ohio University DUI investigations. However, it’s not uncommon for Ohio police officers to make mistakes when they administer these field sobriety tests. Thus, Ohio University DUI lawyers should examine whether the Athens police officer gave the student driver the field sobriety tests correctly. This is a third student DUI defense strategy employed by most Ohio University DUI lawyers.  There are many ways the tests may be given incorrectly or scored incorrectly. For example, a student may put his foot down twice during the walk and turn test and the officer may score that as two clues. However, the rules and regulations associated with field sobriety testing make it clear that the same clue done twice is only to be counted once. Many officers don’t know this rule for scoring and may incorrectly interpret the student driver’s performance as a result.  If the officer made any substantial mistake, an experienced Ohio University DUI lawyer should file a motion to suppress the field sobriety tests from coming into the case as evidence against the student driver. If the Athens County Municipal Court grants the motion, the prosecutor cannot use the evidence against the student driver and the case may be dismissed. If not, an experienced Ohio University DUI Lawyer may be able to get the DUI reduced to a minor traffic violation.

Ohio University DUI lawyers should ask the student clients whether the are innocent explanations for the his performance on the field sobriety tests. This could be considered the Ohio University Lawyers fourth DUI defense strategy. There are many conditions and issues that could cause the student driver to perform poorly on the standardized field sobriety testing.  Following are a few:

  • The OU student driver was wearing heels or other inappropriate shoes during the tests.
  • The OU student driver did the tests on uneven, sloped or cracked pavement.
  • The OU student driver did the tests on a wet, slippery surface.
  • The OU student driver couldn’t see very well because the area was dark at the time of the tests.
  • The OU student driver was distracted by oncoming traffic or the cruiser’s strobe lights.
  • The OU student driver was distracted by students and other people watching the tests.
  • The OU student driver was extremely nervous and scared when he took the tests.
  • The OU student driver was confused by the officer’s instructions
  • The OU student driver was intimidated by the officer or a barking K9 unit.
  • The OU student took the tests in inclimate weather, such as rain, snow, ice or wind.

If the OU student driver’s performance in the sobriety testing was impacted by any of the above-referenced factors, an Ohio University DUI lawyer should file a motion to suppress. If the Athens County Municipal Court grants the motion, the field sobriety tests cannot be used as evidence at trial. In the alternative, the reasons stated above may be better suited for trial, rather than a motion to suppress. An experienced Ohio University DUI lawyer can choose the best defense strategy depending on the particulars of the student’s case.

Another student DUI defense strategy for Ohio University DUI lawyers in breathalyzer cases is to challenge the test citing the inherent rate of error in breath testing devices. When the maintenance and calibration of an Ohio breath testing machine is perfect and the breath test is administered to the student driver perfectly, there is still an inherent error rate in the testing.  Even when everything is perfect. Most experts agree that the built in error rate is about .02 for DUI breath testing. While this inherent error rate isn’t a factor where a student driver has an extremely high blood alcohol concentration, if the student driver’s BAC is just above the legal limit, an Ohio University DUI lawyer should file a motion to suppress. If the Athens Municipal Court grants the motion, the breath test result cannot be used against the student driver.

Yet one more student DUI defense strategy that Ohio University DUI lawyers should consider is whether the Athens police officer followed the rules when giving the student driver a breathalyzer. Athens police officers must follow specific procedures when they give a breath test to a student driver. In fact, there are hundreds of rules that govern breath testing, blood testing and urine testing in Athens DUI cases.  

Some minor rules may be forgiven, however, many of the rules cannot. If the Athens police officer didn’t substantially comply with the regulations, a good  Ohio University DUI lawyer should file a motion to suppress the breath test. If the Athens County Municipal Court grants the motion, the breath test cannot be used against the student driver.

There are many DUI defense strategies like this available depending on the facts and circumstances of a particular student DUI case. The strategies listed above are the tip of the iceberg.

Message from Ohio University DUI Lawyer, Jeremiah Denslow

JeremiahDenslow2Hello, my name is Jeremiah Denslow and I’m an Ohio lawyer. I dedicate my entire practice to drinking and driving defense and other criminal charges. I travel to colleges like Ohio University, Miami University, Bowling Green State University, and the University of Dayton representing college students charged with DUI and other criminal offenses. If you’re an Ohio University student and have a DUI case in Athens County Municipal Court, you would benefit by talking to a Ohio University DUI lawyer. In 2016, most of my clients had their charges dismissed or reduced and avoided jail time.  While it’s unethical to guarantee results in any individual case and past success is not a guarantee of future success, my goal in every case is a dismissal or reduction. And no jail. My strategy is simple: (a) I focus my practice on DUI and criminal defense; (b) I only take cases in Ohio; and (3) I limit the number of clients I accept. It’s a focused practice with a limited number of clients and more time and attention to devote to each client.

If you’re an Ohio University student with an Athens DUI case, give me a call. I’m an Ohio University DUI lawyer and you can reach me at 1-844-DUI-DUDE. That’s 1-844-384-3833.

Ohio University DUI Lawyer Reviews for Jeremiah Denslow

Google Review by an Ohio University graduate: “Jeremiah is a great guy who answers all of your questions and you can talk to him about anything! He always keeps you updated! He got my charge dismissed and reduced and is working on getting my license back. I would recommend him every time.”

Google Review for Ohio University DUI Lawyer: “I called Jeremiah on a weekend an got him right a way. He talked to me for a long time an told me not to worry. He got my charge reduced and worked it out for me. I hope I never get a DUI again but if I do I am calling this DUI Dude again. Good guy.”

Google Review for Ohio University DUI Lawyer: “Jeremiah is a one of a kind attorney. I’d highly recommend him. He has a reputation for helping college students on alcohol related charges. He’s compassionate, educated, and he gets results.”

Google Review for Ohio University DUI Lawyer:  Attorney Denslow is an excellent attorney who represented my case in a very meticulously organized manner. Attorney Denslow’s calm and confident approach is well respected by the prosecutor and the Judge. The outcome of my case was excellent . The case was dismissed in my favor. I would recommend attorney Denslow very strongly.

AVVO Review for Ohio University DUI Lawyer: “Top notch lawyer in this field and one of the best lawyers in the state. 

AVVO Review for Ohio University DUI Lawyer: “This lawyer is a tremendous advocate for his clients. I give him my highest endorsement in the field of criminal and DUI defense.”

Google Review for Ohio University DUI Lawyer: “I have worked with JD in the last year and would recommend him. A man of Integrity who says what he will do and then does it. Two thumbs up.”

The Ohio University Student Disciplinary Process

In addition to the regular legal process that plays out in the Athens County Municipal Court, an Ohio University student may face discipline from the college as well. The Ohio University Student Code of Conduct prohibits many types of student behavior including drug use, underage consumption of alcohol, disorderly conduct and DUI/OVI/drinking and driving. Any OU student found to have committed any illegal conduct is subject to the Ohio University disciplinary process. Fortunately, the OU disciplinary process permits Ohio University students to seek the assistance of an Ohio University DUI lawyer for all proceedings.

The Ohio University Student Disciplinary Process Part 1: The Complaint or Referral

Members of the Ohio University community may file a student conduct referral alleging that a student has committed a prohibited act as set forth in the Student Code of Conduct, including drinking and driving in Athens Ohio. In addition, the college receives numerous referrals from external entities, including law enforcement and members of the general public. Not surprisingly, police departments around the state routinely make referrals for OU students who are caught driving while under the influence of alcohol. Upon receipt of a referral, Ohio University reviews all relevant information and may consult with the reporting parties regarding the incident in question.

The Ohio University Student Disciplinary Process Part 2: Community Standards Conference

Any Ohio University student charged with an alleged violation of the Prohibited Conduct section of the Student Code of Conduct, including a DUI/OVI offense in Athens Ohio, will first be scheduled for a Community Standards Conference with the University. The OU student will be notified, along with the Ohio University DUI lawyer, of the date, time, and location of the conference and include the following information about the referral:

  • the specific charges pending against the student
  • a brief summary of the allegations, including a student DUI/OVI offense
  • a statement of the student’s rights and responsibilities
  • if applicable, a statement notifying the respondent that the alleged conduct is significant enough that they may face suspension or expulsion if the charge is substantiated.

The conference serves to provide the Ohio University student and his/her Ohio University DUI lawyer with the opportunity to discuss the specific allegations that led to the referral. The student will receive additional information regarding the Community Standards Process, clarification of their rights and options, the opportunity to inspect and review all relevant documentation (such as police reports in an Athens Ohio DUI/OVI case) as well as learn of the range of potential sanctions for the alleged violation should the allegations be substantiated.

After a discussion regarding the incident and review of all relevant information, the Ohio University student will have an opportunity to accept or deny responsibility for the charges, including an Ohio DUI charge. If the student accepts responsibility for the charge, or pleads guilty, the University will sanction the student. The student and his/her Ohio University DUI lawyer will be permitted to offer input into the sanction. If the respondent denies responsibility for the charge, or pleads not-guilty, the University will proceed to schedule a full hearing, or trial, for the student and his/her Ohio University DUI lawyer.

The Ohio University Student Disciplinary Process Part 3: Hearing or Trial

The purpose of a hearing is to provide an equitable forum for a review of the evidence in an alleged incident of misconduct, such as student DUI. Ohio University closes its hearings to the public, with the exception of friends, family members and lawyers of the accused student or complainant. Instead of a judge, the University uses a hearing authority to assess the facts and circumstances of the case and determine if a violation of the Ohio University student code of conduct occurred.

The standard of evidence at the hearing is a preponderance of the evidence, meaning Ohio University must prove its case against the OU student by just 51%. In other words, the college 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. Ohio University DUI lawyers recognize this is far lower than proof beyond a reasonable doubt, the burden of proof in the Athens County Municipal Court DUI/OVI case. At the end of the proceedings, the hearing authority will decide if the student is in violation of Ohio University’s Student Code of Conduct.

The accused student may have an experienced Ohio University DUI lawyer with her throughout the disciplinary hearing, however, the Ohio University DUI lawyer’s involvement is limited by the University’s rules. For example, Ohio University, like most colleges, only permits the DUI lawyer to counsel the accused student, advise him, give him direction and explain things during the course of the proceedings. While the Ohio University DUI lawyer’s role may be limited, it can be very advantageous for an OU student to have counsel, particularly when they have also have a student DUI pending in Athens County Municipal Court.

Why? For many reasons, but one of the biggest reasons is that college students who do not have the assistance of an Ohio University DUI lawyer often make statements admitting inappropriate or illegal behavior at disciplinary hearings, even when they don’t realize they’re doing so. Such statements can then be admitted into evidence in an Athens County Municipal Court DUI trial to determine the student’s guilt or innocence. This may lead one to believe that an Ohio University student should never make a statement at the disciplinary hearing. However, that’s not the case. Sometimes it is unwise for an OU student to refrain from making a statement because the student’s testimony can sometimes prove his innocence in the disciplinary process. Only an experienced Athens DUI lawyer with an understanding of all the facts and circumstances on the case can provide advice on whether the student should make statements, answer questions or remain silent in the college student disciplinary hearing.

The Ohio University Student Code of Conduct sets forth a precise formula for the trial, which is conducted as follows:

  • A staff member of Ohio University, or prosecuting attorney, starts the hearing by providing the hearing authority with a detailed summary of the incident and any subsequent investigation done by the University.
  • If there is a complainant, such as a police officer in an Athens Ohio DUI case, he will then have an opportunity to provide the hearing authority with a summary of his role and perspective in the incident. This testimony will include the officer’s observations during the Athens DUI investigation, the Ohio University student’s performance on DUI field sobriety testing, and results from any DUI breath test, urine test or blood test.
  • The hearing authority will then ask the accused OU student to describe his involvement in the incident and the hearing authority may question the student during this stage of the proceeding.
  • The Ohio University prosecuting attorney will then present any relevant witnesses or documents to the hearing authority. The hearing authority, accused OU student, and complainant will all have the opportunity to ask questions regarding the information and documentation presented by the prosecuting attorney.
  • The complainant will next have an opportunity to present any relevant witnesses or documentary information. The hearing authority, accused Ohio University student, and prosecuting attorney will all have the opportunity to ask questions regarding the information presented.
  • The accused OU student and his or her Ohio University DUI lawyer will then present any relevant witnesses or documentation to the hearing authority. The hearing authority, complainant and Ohio University prosecuting attorney will all have the opportunity to ask questions regarding the information presented.
  • Finally, the Ohio University Prosecuting Attorney, complainant, accused OU student with help from his/her Ohio University DUI lawyer, will all have the opportunity to make a closing statement to the hearing authority.

At the conclusion of the hearing, the hearing authority will go into closed session to determine whether the accused student is in violation of Ohio University Student Code of Conduct. After a verdict is reached, the hearing will resume for the announcement of the finding in the presence of the student and the Ohio University DUI lawyer. If the accused OU student is found not responsible for the charge, including a student DUI/OVI violation, the case will be dismissed. If the accused Ohio University student is found responsible for a violation, including a student DUI/OVI charge, the hearing will proceed to sanctioning or sentencing.

The Ohio University Student Disciplinary Process Part 4: Sanctioning or Punishment

When an Ohio University student is found in violation of prohibited conduct, including drinking and driving or student DUI, disciplinary sanctions, or punishment, will be imposed. Sanctions are described as follows:

Ohio University Reprimand
This type of sanction widely considered to be a warning. Ohio University officially notifies the Ohio University student and Ohio University DUI lawyer of the unacceptable behavior, including student DUI, and any violations that the hearing authority found. The University will also notify the student that any further misconduct, including another Ohio University student DUI offense, will likely result in more serious disciplinary sanctions.

Ohio University Disciplinary Probation
This type of sanction includes the imposition of rules and responsibilities for the guilty student. Probation will last for a definite period of time and further violations, such as another student DUI offense, will likely result in more serious sanctions, including disciplinary suspension or disciplinary expulsion. It’s not uncommon for an Ohio University student to have a probation officer and meet with her on a periodic basis and this is done outside of the presence of the student’s Ohio University DUI lawyer.

Conditions of probation may include drug and alcohol treatment at an Athens Ohio treatment facility, particularly if the offense was a student DUI charge in Athens County Municipal Court. In addition, community service with an approved organization in Athens, Ohio, as well as other educational classes designed to improve the OU student’s behavior. The student may also face financial sanctions, be required to write a reflective paper, or take a seminar depending on the facts and circumstances of the case.

Ohio University Disciplinary Suspension
This type of sanction is a very serious consequence for OU student misconduct, including an Ohio University student DUI, and is imposed for a specific period of time. During the period of suspension, a student may not attend classes or participate in college related activities. Additionally, an Ohio University student under disciplinary suspension will likely be given rules and assigned responsibilities to complete while serving the suspension. Rules may prohibit a second Ohio student DUI/OVI charge in Athens County Municipal Court or forbid her from any other violations of the law. Responsibilities may include a requirement that the Ohio University student obtains substance abuse treatment at an Athens Ohio DUI/OVI treatment facility. She may also be required to pay fines, take seminars, write papers and perform community service in the Athens community. All assigned sanctions must be completed prior to the conclusion of disciplinary suspension or the disciplinary suspension will remain in effect.

Ohio University Disciplinary Expulsion
This is the most serious sanction that Ohio University can impose and permanently removes the student from the University. If an OU student is expelled, she does not have the opportunity to graduate or re-enroll in the future. A student under disciplinary expulsion is not permitted to be present on Ohio University property.

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

An Ohio University 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 an Ohio University DUI lawyer. The Code of Conduct limits any appeal to the specific grounds outlined below:

  • The disciplinary sanctions were unreasonable considering the violation.
  • A significant procedural error occurred at the hearing that was materially prejudicial to the student.
  • There is new evidence, information or witnesses that were unavailable at the time of the OU student’s hearing and that appear favorable to the student.

After reviewing the appeal, as well as any additional documentation, the Ohio University Appeal Board will take one the following actions:

  • Reject or grant the appeal.
  • Reduce the sanctions if the board finds them excessive.
  • Remand the case for a new hearing to correct any errors that occurred at the original 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, criminal charges and the disciplinary process. Jeremiah Denslow is an Ohio University DUI lawyer who represents OU students and other college students throughout the state of Ohio, including the following universities:

Common Mistakes in Ohio DUI/OVI Investigations

No Ohio DUI/OVI/drinking and driving arrest is perfect and the best Ohio University DUI lawyers know this. Most Athens 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 Athens Ohio DUI/OVI investigations include a breath testing device or other testing equipment that is not always maintained according to current Athens 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 an Ohio 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 Ohio University DUI laws better than most attorneys in the state. I am a passionate Ohio 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 top Ohio University DUI lawyer on your team, call me, the Ohio DUI Dude at 1-844-DUI-DUDE.

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