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Drinking on Memorial Day - DUI and AI

If you are in Cincinnati for Taste of Cincinnati or otherwise enjoying time on the lake or river during Memorial Day, there is a decent chance you may also consume alcohol.  If you are arrested for OVI, DUI, AI or PI, you will need to hire a lawyer.  Quick summary: OVI = operating a vehicle while impaired; DUI - Driving while Under the Influence; AI = Alcohol Intoxication; PI = Public Intoxication.  Memorial Day often marks the beginning of summer, the beginning of boating season and the beginning of DUI season. Many people do not understand that a boating DUI carries the same penalties as a vehicle DUI and can include jail and loss of license.  Most DUI attorneys handle numerous boating DUIs in addition to the more standard DUI/OVI cases.  On the Ohio River, you can be charged with OVI in Ohio or DUI in Kentucky as there is concurrent jurisdiction Many defendants think that a simple AI or PI won't be a problem.  The problem is that 1) it is on your permanent criminal record.  Even if you have no future offenses, it may be impossible to erase for 7 years from the date of conviction.  2) AI is an enhanceable offense.  If you are convicted for a 2nd or 3rd offense, the penalties increase and can include jail time.  Further, there are many available defenses to AI and PI.  The crime itself in Kentucky is "manifestly under the influence of alcohol to the point you are a danger to yourself or others."  Seldom are any field sobriety tests or breathalyzer tests given to prove the manifestly portion.  Furthermore, there are many people who become intoxicated and manifestly under the influence who do not become a danger to themselves or others.  If you have  designated driver or call a cab, and you are not wandering in the street or starting fights, you are likely NOT a danger to yourself or others. DUI, or OVI in Ohio, often has loss of license, significant fines and possibly, if not likely, jail time if the defendant is convicted.  Ohio mandates jail on even a first offense and Kentucky mandates jail if there is a blood alcohol over .15 or for a variety of other factors.  Those aggravating factors which mandate jail may include, BAC>.15, accident involving serious injuries, driving wrong way on highway, driving over 30 mph over the speed limit, having a child under 12 in the vehicle, and may include refusal of the breathalyzer or blood test. If you have been charged with a crime this Memorial Day, contact an attorney for consultation.  In Kentucky or Cincinnati, call Michael W. Bouldin at 859-581-6453 (581-MIKE) or email at [email protected].

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