Have you been charged with drinking and driving in Fairfield Ohio, near the Cincinnati suburbs of West Chester and Hamilton? If so, you will likely be summoned for a court appearance in Fairfield Municipal Court located at 675 Nilles Road in Fairfield Ohio. The Fairfield DUI court and the Butler County DUI Area II Court handle the Fairfield DUI citations issued by the local law enforcement agencies, including the Fairfield Police Department, Butler County Sheriff’s Department and Ohio State Highway Patrol.
If you’ve been charged with driving under the influence charge and you’re searching for a Cincinnati or Fairfield DUI lawyer, ask yourself the following questions:
Would you choose an experienced Cincinnati and Fairfield DUI lawyer over a general practice attorney who handles just a few DUI cases every year?
Would you like to be represented by a Cincinnati and Fairfield DUI lawyer who is recognized by groups like Super Lawyers, National Advocacy for DUI Defense, the National Trial Lawyers, and the American Society of Legal Advocates?
Do you like the idea of being represented by a Cincinnati and Fairfield DUI lawyer who gets the majority of charges against his clients dismissed/reduced without going to trial?
Would you prefer a Fairfield DUI lawyer who concentrates his focus on Ohio DUI defense over a Fairfield DUI lawyer who also handles cases in criminal defense, domestic relations, and personal injury?
I presume you answered yes to most, if not all, of the questions listed above. It probably seems obvious that a Fairfield DUI lawyer who handles mostly DUI cases is going to know the DUI laws better than a lawyer who handles cases in many different areas of the law. Jeremiah Denslow is an experienced Fairfield DUI lawyer who represents DUI clients in Butler County and DUI courts across Ohio. Jeremiah structures his Fairfield DUI defense practice using a very simple formula: (a) a concentrated focus and dedication to DUI defense; (b) a concentrated focus and dedication to Ohio courts; and (c) a concentrated focus and dedication to limiting the number of clients he accepts. Jeremiah’s practice is extremely focused on DUI defense and he accepts fewer clients than most other Fairfield DUI lawyer. That means each client gets more attention and each case file gets more research and analysis. It also ensures that every client question, phone call and email is answered with a prompt and thoughtful reply.
At the end of the case, most clients are extremely satisfied with the time, attention and results provided by this Fairfield DUI lawyer.
Message from Jeremiah Denslow, Fairfield DUI Lawyer
Hi. I’m Jeremiah Denslow—a Fairfield DUI attorney who practices drunk driving defense in all Ohio Municipal Courts. If you were recently charged with a Fairfield DUI, you’re probably a bit nervous and have a number of questions. You’re probably wondering if the case can be resolved: (1) without a big trial; (2) without a DUI on your record; and (3) without jail time. I’m here to tell you that yes, often it can. While all cases are different, the majority of charges I handle end without a trial, without jail time and often without a DUI on my client’s record. I’ve done legal work for Ohio’s doctors, lawyers, educators, commercial drivers, police officers, college students and even high school students. I would be happy to tell you how I helped them and how I can help you as well. Please call me anytime at 513-268-4000. In addition, if you’re looking to educate yourself about Fairfield DUI, please peruse my site to learn more about Fairfield DUI defense strategies, Fairfield DUI checkpoints and information on Fairfield DUI lawyers.
To read more about Jeremiah Denslow, Fairfield DUI lawyer, click here
Fairfield Ohio DUI Basic Laws and Regulations
If you have an active DUI in the Fairfield Ohio area, let me explain just a little about the Fairfield DUI law. You probably think that it’s simply against the law to drink and drive, however, that’s not necessarily true. First, you should realize that it’s perfectly legal to drink so long as you don’t drink too much to be: (1) impaired; or (2) have a blood alcohol content that reaches 0.08% or higher. To understand the difference between an Fairfield DUI based on impairment and an Fairfield DUI based on blood alcohol content, please continue reading:
If you’ve been charged with a Fairfield DUI under the “per se” Fairfield DUI statute, that means the government claims that you were driving a car with a blood alcohol concentration (BAC) greater than 0.07%, or a minimum of 0.08%. In virtually all of the Fairfield DUI cases involving a high BAC, the DUI driver voluntarily provided the police officer with a breath sample. Without such a sample, the Fairfield police officer simply couldn’t predict a DUI driver’s blood alcohol concentration. Interestingly, and surprising to many Fairfield Ohio citizens, Ohio law doesn’t require the police to prove impairment or intoxication in these types of Fairfield DUI cases.
The other type of Fairfield DUI case is charged under the general rule against driving while impaired. In this type of case, the government claims that you were driving while impaired by drugs or alcohol. In an Fairfield DUI charged under 4511.19(A)(1)(a) of the Ohio Revised Code, the government is not required to prove that a driver had a BAC above, 0.07, rather, they must prove that the driver was impaired when driving. So what does “impaired” mean according to Ohio DUI law? The law in Fairfield DUI cases says that a driver is considered impaired when he consumes alcohol in such a quantity that it adversely affects and noticeably impairs him. It is alcohol of sufficient amount that it deprives the driver of that clearness of mind and control which he would otherwise have and it impairs his ability to drive.
Depending on how you were charged, with impairment or a high BAC, a top Fairfield DUI lawyer has a number of defense strategies and techniques that can help to challenge the evidence in a DUI case with the goal of getting the Fairfield DUI charge reduced or dismissed.
Fairfield Ohio DUI Lawyer Defense Strategies
First, a Fairfield DUI lawyer in a drinking and driving case would examine whether the police officer had a legally valid reason to stop the driver’s vehicle before the Fairfield DUI investigation began. Specifically, the police aren’t allowed to pull drivers over unless they have legal justification to do so. If they don’t, the stop was likely illegal and any evidence obtained after the stop could not be used against the driver in a Fairfield DUI case. This is true even if the Fairfield DUI driver admitted to being really drunk, falling on the ground during field sobriety testing, or giving a breath sample that is three times the legal limit. The law says that none of that evidence could be used against him, no matter how significant the evidence is, if the initial stop was illegal. A top Fairfield DUI lawyer would ask the court for a dismissal if this fact patter is present in a particular Fairfield DUI case.
Next, a Fairfield DUI lawyer in a drinking and driving case would examine whether the police officer had a legally valid reason to transform a routine traffic stop into a full blown DUI investigation? It’s not uncommon for a Fairfield officer to pull someone over for a traffic violation like speeding or changing lanes without a signal and subsequently develop suspicion that the driver is impaired. Fortunately for DUI defense attorneys, Ohio courts in DUI cases state there must be enough evidence of impairment during the initial stages of the stop before an officer is allowed to elevate the investigation. In one Ohio case, a court found that a driver’s confession to drinking along with the smell of booze on his breath isn’t necessarily enough evidence to elevate the investigation. A good Fairfield DUI lawyer would likely ask the court for a dismissal if this fact pattern is present in a particular Fairfield DUI case.
Third, a Fairfield DUI lawyer handling a drinking and driving case would evaluate whether the police officer complied with Fairfield DUI regulations regarding field sobriety testing There are three standardized field sobriety tests that are widely accepted in Fairfield Municipal Court and Butler County Courts: (1) Walk and Turn (WAT); (2) One Leg Stand (OLS); and (3) Horizontal Gaze Nystagmus (HGN). Ohio and Fairfield DUI regulations provides procedures that a police officer must follow when instructing a suspected DUI driver how to perform standardized field sobriety tests. In addition, a police officer must follow protocol when he demonstrates the tests and scores the driver’s performance. If the police officer doesn’t meet protocol, the results of the testing can be thrown out and the tests can not be used against the DUI driver at trial. A good Fairfield DUI lawyer would likely ask the court or prosecutor for a dismissal or reduction if this fact pattern is present in a particular Fairfield DUI case.
Fourth, a Fairfield DUI lawyer handling a drinking and driving case can evaluate the procedure utilized when a police officer administers a breath test. Specifically, did the police officer comply with all Fairfield DUI regulations associated with a DUI breath test. The protocol for using breathalyzers in Fairfield DUI cases are substantial and include the following items: (a) a breathalyzer must be given to an Fairfield DUI driver within three hours of a DUI incident; (b) the police officer must observe the Fairfield DUI driver for twenty minutes before administering the breath test; and (c) The officer who administered the breath test must be trained and certified to operate a Fairfield DUI breathalyzer; (d) the breathalyzer must be calibrated on a regular basis to verify it is working properly; and (e) testing, calibration and operation records from the breathalyzer must be kept in accordance with current Fairfield DUI regulations for future review. In summary, police officers are required to jump through a lot of hoops to use a high breath test in court. A Top Fairfield DUI lawyer would likely ask the court or prosecutor for a dismissal or reduction if there are problems associated with a breathalyzer or the way it was operated in a particular Fairfield DUI case.
Finally, a Fairfield DUI lawyer handling a drinking and driving case would determine whether the DUI suspect gave an admission or a confession without a full understanding of his Miranda rights. Conversely, did the police officer inform the DUI driver of his Miranda rights prior to asking any questions? It’s very common for Fairfield DUI suspects to admit to drinking too much alcohol when they’re being questioned by police. However such an admission cannot be introduced as evidence at trial unless the suspect was first informed of his Miranda rights. The confession would simply be inadmissible. A top Fairfield DUI lawyer would likely recognize this issue and file a motion to suppress if it was present in a particular Fairfield DUI case.
These are just a few illustrations of primary issues a top Fairfield DUI lawyer would evaluate when analyzing a Fairfield DUI case. For a much more detailed report, please review my website. There are over 100 pages devoted to Ohio DUI defense.
Fairfield Ohio DUI Penalties and Consequences
Now that you are familiar with some of the primary defense strategies used by the top Fairfield DUI lawyers, you should get also familiar with potential penalties associated with a Fairfield DUI. In Fairfield Ohio, a DUI is considered a serious charge that can carry serious penalties. Mandatory minimum penalties for a first time offense includes three days in jail, $375 in fines, a six-month license suspension and approximately $450 in reinstatement fees. Those are the minimums for a Fairfield DUI conviction but a court could also sentence a DUI driver to six months in jail, over $1000 in fines and an Ohio license suspension of three years. Again, that’s for first time Fairfield DUI offenders. For Fairfield residents who have a prior conviction on their record, the penalties are much more severe. For example, some drinking and driving charges in Fairfield Ohio can mean years in prison, financial penalties over $10,000 and a revocation of your license.
While the penalties are significant, they only apply to Ohio drivers who are convicted of a Fairfield Ohio DUI charge. An experienced Fairfield DUI lawyer can often get a DUI charged reduced or even dismissed entirely depending on the circumstances of a particular case. If you are facing an Fairfield DUI charge in Butler or Hamilton County, do yourself a favor and call a top Fairfield DUI lawyer to see what he can do. He may be able to get the case dismissed, reduced or help to minimize the impact of sentencing if the DUI case is extremely strong.
Client Reviews for Cincinnati, Dayton and Fairfield DUI lawyer, Jeremiah Denslow
Five stars for Jeremiah Denslow, Fairfield DUI lawyer (Google): “Jeremiah has established himself in the Miami Valley as the elite DUI attorney. He provides his clients individual attention to their specific circumstances and concentrates his efforts to minimize the financial impact and legal consequences associated with DUI charges.”
Five stars for Jeremiah Denslow, Fairfield DUI lawyer (Google): “Jeremiah is the go to DUI defense attorney anywhere near Dayton, Cincinnati, or Columbus. If you want results, he’s the guy you should call first.”
Five stars for Jeremiah Denslow, Fairfield DUI lawyer (Google): “Jeremiah Denslow is a Cincinnati DUI defense lawyer that I would recommend to everyone. His understanding of Ohio DUI law was clear from my first conversation with him. However, he surpassed my expectations by treating me like a friend rather than a client. He talked to me in words I understood and made me feel relaxed and more at ease with the case. If you have a dui charge, call Jeremiah.”
Peer Reviews for Fairfield DUI lawyer, Jeremiah Denslow
From an Arizona lawyer for Jeremiah Denslow, Fairfield DUI lawyer (Avvo): “Jeremiah is a top notch lawyer in this field and one of the best lawyers in the state. I endorse this lawyer.”
From an Ohio lawyer for Jeremiah Denslow, Fairfield DUI lawyer (Avvo): “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.”
Fairfield Ohio DUI Courts in Hamilton and Butler County
There are many courts in Fairfield and the surrounding areas of Ohio that handle DUI cases. Most Fairfield DUI cases will be processed in courthouses located in Fairfield, Hamilton, West Chester, Oxford or Middletown. Here is a list of Butler County DUI courts that handle DUI cases:
Jeremiah Denslow is a Focused Fairfield DUI Lawyer
Top Fairfield DUI lawyers know there are no perfect DUI arrests.
Most Fairfield Ohio DUI cases include a number of witnesses, including police officers and the personnel who collect, store and test breath, blood and urine samples. Top Fairfield Ohio DUI lawyers know that these witnesses are human and they make mistakes. Further, many Fairfield DUI cases utilize a breath testing device or other testing equipment that is not always maintained according to current Fairfield DUI regulations.
There are over 1 million laws in the United States. Jeremiah Denslow is a Fairfield DUI lawyer who focuses his practice on just a few–Ohio’s DUI and criminal defense laws. Because of his vast experience and extremely concentrated focus, he knows the Fairfield DUI laws better than most attorneys in southwest Ohio. Jeremiah is a solid Fairfield DUI lawyer and he gets results, however, he only accepts a limited number of clients. If you want to try to contest your Fairfield DUI case and want the help of a top Fairfield DUI lawyer to do it, call 513-268-4000.