Fairborn DUI Lawyer

Fairborn DUI Lawyer: Counseling Clients on Penalties for First DUI conviction

If a person pleads guilty to a drinking and driving charge in Fairborn Municipal Court, with or without a Fairborn DUI lawyer, they face the following potential penalties: (a) 3 days in the Greene County Jail up to a maximum of six months; (b) a fine up to $1075; (c) substance abuse counseling at a Fairborn DUI treatment facility or the Wright State Weekend Intervention Program (WIP); (d) mandatory license suspension between six months and three years; (e) probation with the Fairborn Municipal Court; and (f) the possible imposition of DUI license plates and an ignition interlock device to be used if the Fairborn Municipal Court grants the DUI suspect driving privileges during their suspension. While top Fairborn DUI lawyers can often prevent their clients from going to jail on a first offense, the better route is to keep a DUI conviction off the client’s record altogether. Thus, experienced Fairborn DUI lawyers generally try to get the DUI charge dismissed or reduced to a lower level offense like reckless operation or physical control.

Fairborn DUI Lawyer: Counseling Clients on Long-Term Collateral Consequences

Anyone convicted of a DUI in Faiborn, Ohio will face a number of collateral consequences, in addition to the sentence imposed in the Fairborn Municipal Court case.  They are considered collateral consequences because they are not imposed by the court, at least not directly, and the court is not required to inform the DUI defendant of their existence. Fortunately, a Fairborn DUI lawyer can explain many of the ancillary consequences of a DUI conviction and the impact they can have on a person’s life.

In addition, it’s not uncommon for employers to do background checks on potential employees. If they find a criminal conviction, they may deny the applicant employment.  This is one of the reasons that the primary goal for a good Fairborn DUI lawyer is to get the DUI dismissed or reduced.  Another example of a collateral consequence associated with a Fairborn DUI conviction is increased cost of automobile insurance. While every insurance company is different, they will often raise a student’s insurance rates for a Fairborn DUI conviction. The insurance company can also cancel the insurance policy and require the driver to post a bond to obtain a new policy. Fairborn DUI lawyers Fairborn DUI conviction.

An additional collateral consequence of a Fairborn DUI conviction is the six points that will be placed on the driver’s record. Six additional points may trigger a license suspension, separate and apart from the Fairborn DUI suspension. Fortunately, most Fairborn DUI lawyer knows that a reduced charge of physical control brings no points and no additional suspension. Finally, some DUI defendants believe if they are convicted in their first DUI case, they deserve a break on their second, if that unfortunate event occurs. A Fairborn DUI lawyer with any experience will tell you that’s not the case. If a DUI defendant is ever charged for a second DUI, they face much more serious penalties if convicted, and generally, less leeway from the prosecutor. The tougher penalties include longer jail sentence, higher fines and longer license suspensions. Contact a top Fairborn DUI lawyer if you’re facing a second or third DUI charge to get more details.

If a person pleads guilty to second drinking and driving charge in Fairborn Municipal Court within six years, with or without a Fairborn DUI lawyer, they face serious  penalties: (a) mandatory ten days in the Greene County Jail up to a maximum of six months; (b) a mandatory fine up to $1625; (c) mandatory substance abuse treatment at a Fairborn DUI treatment facility that may include in-patient treatment; and (d) mandatory driver license suspension up to five years. While top Fairborn DUI lawyers can often keep their clients from going to jail on a first DUI, it’s extremely challenging to do so on a second.

There is yet another collateral consequence for Wright State students who are charged with DUI because of Wright State’s code of student conduct.  Wright State University has the power to bring a disciplinary complaint against Wright State 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 penalty in the Wright State disciplinary process. This is yet another reason why Wright State students charged with drinking and driving are best served by full consultation with a top Fairborn DUI Lawyer.

Fairborn DUI Lawyer: Counseling Fairborn DUI clients on a Towed Car

Most Fairborn DUI cases include a towed vehicle. Fairborn DUI lawyers can tell you that when the Fairborn police or Greene County Sheriff arrests an individual at the side of the road and take him back to the police station or county jail, the DUI suspect’s car is usually left at the side of the road or in a nearby parking lot. Sometimes, the officer will let the Fairborn DUI suspect contact a friend or relative to pick up the car. However, more often than not, the Fairborn police officer will contact a tow company to pick up a DUI suspect’s car.  Ohio towing companies generally charge $100-$150 for the initial tow and a daily storage fee as well. Experienced Fairborn DUI lawyers will tell you stories of DUI clients who have gone to pick up their car and received a bill for over $1000.

As a result, one of the first questions an experienced Fairborn DUI lawyer will ask you is whether you’ve gotten your car out of impound. If not, it’s important to immediately contact the tow company to retrieve your vehicle. In some Fairborn DUI cases, the tow company won’t release a vehicle until the court approves it. In these situations, a Fairborn DUI lawyer can file a motion to release the DUI suspect’s vehicle. The Fairborn Municipal Court routinely grants these motions when filed appropriately. If this is the DUI suspect’s second Fairborn DUI, the Fairborn Police Department or Greene County Sheriff’s Office will place an immobilization order on the vehicle. Ohio law requires the vehicle to be immobilized for ninety days on a second Fairborn DUI charge. However, an experienced Fairborn DUI lawyer knows that Fairborn Municipal Court will normally release the vehicle, despite the immobilization order, if the DUI suspect purchases a steering wheel club and deposits the device and the keys with the court’s bailiff. The bailiff then installs the club device at the tow yard and the towing company tows the vehicle to the DUI suspect’s home. Fairborn DUI lawyers will tell you that this is the best way to avoid the daily storage fees applicable to vehicle immobilization.

Fairborn DUI Lawyer: Counseling Fairborn DUI clients on ALS Suspension

When addressing new clients, Fairborn DUI lawyers usually have a lot of questions about the DUI suspect’s driver license. Hence, the client’s license is usually the second point of discussion for Fairborn DUI lawyers and any new DUI client. In most Fairborn DUI cases, the Fairborn police officer or Greene County Sheriff Deputy assesses a DUI administrative license suspension on the driver. That’s because virtually all Fairborn police officers will ask a Fairborn DUI suspect if they are willing to take a DUI breath test.  If the DUI suspect refuses, the officer immediately imposes a one-year DUI administrative license suspension. If the Fairborn DUI suspect takes the test and blows above the legal limit, the officer immediately imposes a ninety-day DUI administrative license suspension. In either case, most Fairborn DUI clients want their license back as soon as the law allows. Top Fairborn DUI lawyers have a number of tools at their disposal to accomplish this goal.

Fairborn DUI Lawyer: Counseling Fairborn DUI clients on ALS Appeal

The first thing an experienced Fairborn DUI lawyer will explore is an appeal of the DUI administrative license suspension. Ohio law sets forth very specific, but limited, reasons that a Fairborn DUI lawyer can appeal the ALS. Among them are: (a) Whether the Fairborn Police officer or Greene County Sheriff Deputy had reasonable grounds to believe the Fairborn DUI suspect was drinking and driving; (b) Whether the Fairborn DUI suspect was placed under arrest; (c)  Whether the Fairborn police officer or Greene County Sheriff Deputy requested the Fairborn DUI suspect to submit to a blood, breath or urine test; (d) Whether the Fairborn DUI suspect was read the informed consent information, including the consequences of a refusing or failing the test; and (e) Whether the Fairborn DUI suspect refused the test or failed the test. While these are the only permissible grounds for appeal, top Fairborn DUI lawyers can appeal on other grounds as well by framing their argument into one of the five categories above.

Fairborn DUI Lawyer: Counseling Fairborn DUI clients on Motion Stay ALS

Another tool that Fairborn DUI lawyers can utilize to fight a Fairborn DUI administrative license suspension is a motion to stay the ALS. A motion to stay an ALS is something that a Fairborn DUI lawyer may file along with an ALS appeal and motion to continue the ALS hearing. If the Fairborn Municipal Court grants the motion, the DUI suspect will have his license returned to him immediately. If the Fairborn Municipal Court denies the stay, the DUI suspect will have to wait until his full appeal is heard or the court grants a motion for driving privileges.

Fairborn DUI Lawyer: Counseling Fairborn DUI clients on Driving Privileges

When a Fairborn police officer or Greene County Sheriff Deputy issues an administrative license suspension, a Fairborn DUI lawyer cannot immediately file for driving privileges for his client. That’s because Ohio law includes what Fairborn DUI lawyers routinely call a “hard suspension” as part of the overall suspension. A hard suspension is the period of the suspension where the DUI suspect is not eligible for driving privileges. For example, an experienced Fairborn DUI lawyer always informs his clients that the refusal of a breath test includes a thirty-day hard suspension. For clients that took the breath test but tested above the legal limit, the hard suspension only lasts fifteen days. During that fifteen or thirty-day period, the Fairborn DUI suspect is out of luck and cannot drive. Period. After the hard suspension terminates, the Fairborn DUI lawyer can file a motion for driving privileges. The Fairborn Municipal Court normally requires documentation that shows the Fairborn DUI suspect is employed and has automobile insurance as required by law.

Fairborn DUI Lawyer: Counseling Fairborn DUI clients on Renewing License

When a Fairborn DUI lawyer is retained by a new client with a DUI pending in Fairborn Municipal Court, one of the questions that the lawyer should ask is when does the client’s license expire? It’s important to figure this out because if an Ohio driver allows his license to expire, he is required to go through the driving test again to become a legally licensed driver. Normally one would simply look at their license to figure out when it is scheduled to expire. However, when Fairborn DUI suspects are charged and hit with an administrative license suspension, the police officer or sheriff deputy immediately takes the license. Top Fairborn DUI lawyers will contact the BMV on their client’s behalf for any number of reasons, but one of the reasons is to figure out when the client’s license is scheduled to expire. Once the BMV provides this date to the DUI suspect’s Fairborn DUI lawyer, the lawyer can calculate whether the license is going to expire during the ALS. If so, a good Fairborn DUI lawyer will file a motion with the Fairborn Municipal Court that allows the driver to renew their license during their suspension. This is necessary because the BMV will not permit a suspended driver to renew their driver’s license without an order from the court.

Fairborn DUI Lawyer: Counseling Fairborn DUI clients on a Temporary ID

Another topic that most experienced Fairborn DUI lawyers will discuss with their clients is obtaining a temporary form of picture identification. As previously discussed in these pages, when a Fairborn police officer or Greene County Sheriff Deputy charges a suspect with drinking and driving, they generally impose an administrative license suspension (ALS) as well. When that occurs, the Fairborn officer will confiscate the DUI suspect’s driver license and they are left without valid picture identification. This can be problematic because people need picture identification for many daily activities. For example, air travel typically requires some type of government-issued identification like a passport or driver license. In addition, federal courthouses, state schools and private-sector financial institutions typically require picture identification to go on the premises or conduct certain transactions. So what do you do? An experienced Fairborn DUI lawyer will instruct you to go to your local BMV branch and get a temporary identification card. Whatever you do, do not obtain an Ohio identification card because that will cancel your driver license. In addition, the BMV will require you to retest when your suspension is eventually terminated. Again, a temporary identification card will give you a picture ID without causing you additional time and expense of going through the driver application process again.

Fairborn DUI Lawyer Reviews

Review for Jeremiah Denslow, Fairborn 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.”

Review for Jeremiah Denslow, Fairborn DUI lawyer: “Very excellent and thorough lawyer. Helped me immensely. If you have gotten a DUI, look no more, this is the attorney for you!

Review for Jeremiah Denslow, Fairborn DUI lawyer: “When facing a dui charge finding the right lawyer can be an overwhelming task. If you have a dui in the Dayton area I would highly recommend Jeremiah as your attorney. He is willing to put in the hard work to get you the best outcome possible. He is a skilled attorney willing to fight for his clients.”

Review for Jeremiah Denslow, Fairborn DUI lawyer: “Jeremiah is a terrific DUI lawyer. As a former Ohio assistant prosecuting attorney, he has a tremendous amount of experience. I felt confident when I chose him as my DUI lawyer because he was ranked highly online and recognized by Super Lawyers, AVVO and the National Advocacy for DUI Defense. All that, yet he has proven to be better than advertised. I am extremely pleased with my decision to hire him.”

Review for Jeremiah Denslow, Fairborn 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.”

Review for Jeremiah Denslow, Fairborn DUI lawyer: “A year ago I was facing some pretty serious criminal charges. I have to say it was one of the scariest times in my life. I had no idea who to call to represent me. I’ve used some attorneys in the past that I felt just took my money and didn’t really fight for me. I am so glad I made the right call. Jeremiah is very confident and knowledgeable which is so important when selecting an attorney. He has represented me on 3 separate cases and they all had positive outcomes. I highly recommend Jeremiah for any type of case.

Message from Fairborn DUI Lawyer, Jeremiah Denslow

Hello, my name is Jeremiah Denslow and I’m an Ohio lawyer who focuses on DUI and criminal defense in places like Fairborn, Ohio. I am licensed to practice in all courts in the state of Ohio. If you have a DUI case pending in Fairborn Municipal Court, you would benefit by talking to a Fairborn DUI lawyer. In 2016, I was able to get over fifty percent of the charges against my clients dismissed or reduced to a lower level offense. 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 and criminal defense; (b) I only take cases in Ohio; and (3) I accept a limited number of clients. As you can see, it’s an extremely focused practice with a limited number of cases. This means I have more time and attention to devote to each client.