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August 2013 Archives

Video on DUI legal limits for Average Individuals

The following video identifies the average male and female and number of alcoholic beverages it would take to put you over the legal limit.  It is important to remember that these are averages and each person is an individual.  Obviously height and weight play a factor in the blood alcohol level, as does sex of the drinker.  Additionally, each person metabolizes alcohol at a different speed and some may have a higher blood alcohol level after only 3-4 drinks and some may take 6-7 to reach this level. https://www.serenitygroup.com/driving-under-the-influence-facts-and-stats/ The video shows a typical male and female drinker and number of beverages that they can consume over a period of time and when they may reach the legal limit.  also note, laws in Ohio, Kentucky and virtually every other state also provide for possible conviction. If you are unsure, it is best to not drink and drive.  If you have been charged with DUI or OVI you need the advice of an attorney.  In Northern Kentucky, contact Michael Bouldin at [email protected] or call 859-581-6453.

DUI/OVI Laws in Ohio

If the offense is a first or second OVI within 6 years, the degree of offense is a M-1, which is a misdemeanor of the first degree which is authorized up to 6 months of incarceration.  The jail time and fines are as follows: OVIChart_SecondPage Most judges in Hamilton, Clermont and Warren counties follow the recommended minimums for actual incarceration, however most also sentence to probation for the maximum amount of time allowable under statute.   Remember, not all judges will sentence to minimums.  Especially with persons with prior history of DUI, regardless of how long ago the prior DUI or OVI may have occurred.  It is important to hire an attorney who regularly practices in the county and has some working knowledge of the Judge prior to entering any plea.  The attorney should also be helpful in determining whether to take a case to trial or enter a plea as well as whether to try a case to the jury or to the bench (bench trial is same as judge trial). If you have questions about OVI/DUI in Ohio or Kentucky, contact attorney Michael W. Bouldin at 859-581-6453 or email at [email protected]  

What to Do After a DUI Arrest

Having handled hundreds of DUI defenses, there are a number of things that you should and should not do following an arrest.  First, do not argue with the officer after he has placed you under arrest.  At that point, there is nothing to gain by arguing.  It is generally not wise to argue prior to the arrest when you are being questioned either, but its already too late for that.  Once the officer places handcuffs, you are under arrest and going to jail. No arguing, crying or disputing is going to get you out faster.  Compliance will often lead to shorter times for processing and possible release. Call an attorney for a consult as soon as possible!  Don't plead guilty the first time you appear unless the attorney advises to do so and there is some reason to handle quickly.  Very seldom is that the case.  Discovery can lead to evidence which may be favorable and lead to lesser charge, dismissal of charges or evidence to aid in the defense.  The best deal is hardly ever achieved at the first appearance (also known as arraignment). If you cannot get in to see the attorney for a few days, write a summary of everything you can remember.  Your notes/summary should indicate the following:  1. where you went; 2. where you were going; 3. how you were driving; 4. what you drank; 5. what you ate; 6. why the officer stopped your vehicle; 7. did you agree with the reason; 8. what did the officer ask; 9. which field sobriety tests did he give and how you thought you did; 10. did the officer search the vehicle; 11. did you take the brealthalyzer and what was the result; 12. did they ask if you wanted a 2nd test; 13. did they give you the option to call an attorney.  Little things such as why the officer said he stopped your vehicle can because a major factor in handling your case.  There are times when the entire stop can be suppressed if there was not probable cause to stop the vehicle. If you have been arrested or received a citation for DUI in Northern Kentucky, or OVI in Cincinnati, contact Michael W. Bouldin for a consultation.  Emial at [email protected] or call at 859-581-6453 (581-MIKE).

Can I Get Jail Credit for Pretrial Home Incarceration?

YES.  Under new Kentucky law that was enacted in July, 2012, you get day for day jail credit for pretrial home incarceration so long as you are compliant.  This can be especially useful if you have a mandatory sentence such as required under a second (2nd), third (3rd) or fourth (4th) DUI charge.  Pursuant to KRS 532.245, the credit is guaranteed.  Text follows: 532.245 Credit for time spent in pretrial home incarceration. (1) Time spent in pretrial home incarceration pursuant to KRS 431.517 shall be credited against the maximum term of imprisonment assessed to the defendant upon conviction. Time credited under this section shall be calculated in accordance with KRS 532.120. (2) Violation of the terms of pretrial home incarceration shall be deemed an interruption of the defendant's home incarceration. The interruption shall begin at the time of the violation and shall continue until a court revokes home incarceration or otherwise acts on the violation. Time spent in pretrial home incarceration prior to the violation shall be credited against the maximum term of imprisonment assessed to the defendant upon conviction for the original charge. (3) This section shall apply to defendants sentenced on or after July 12, 2012. There are many attorneys, and even a number of judges and prosecutors, who are unaware of this change.  Often the judge orders pretrial home incarceration as it was previously ordered as a condition of bond.  Prior to July, 2012, this pretrial HIP did not "count" toward any jail credit.  This change in the law can significantly affect the actual time spent incarcerated. If you have been charged with DUI or have questions about credit, contact an attorney in your area.  For Northern Kentucky, call Michael Bouldin at 859-581-6453 or email at [email protected] for a consultation.

Back to School DUI

Unfortunately many high school seniors do a little too much partying before the start of their college careers.  Many DUI charges occur in the summer months prior to the start of the fall term.  In Northern Kentucky, that may mean court cases or starting college with a pending OVI, DUI or other charges from the summer.  Many others will get a taste of the criminal court system soon after they return to school and want to keep the information from their parents who are footing the bill. IF you have been charged with DUI or any other crime and you are over 18 years of age, your parents do not have to know. Many students do choose to tell their parents as they are often the only source of financial assistance to hire a lawyer.  That is the prerogative of the defendant, not the attorney and not the parents. If you get a charge, don't just plead guilty!  An attorney may be able to help to lessen the charge, lessen the fine and/or jail time, or even have the case dismissed.  If you have a possession case, those can often be worked out without a guilty plea or a finding of guilt.  Possession may include possession of marijuana, possession of drug paraphernalia or possession of alcohol by a minor.  Generally, possession of controlled substance other than marijuana is a felony charge and do not simply go away. Many people plead guilty to DUI charges, however it should be noted that many are winnable cases.  Additionally, a under 21 DUI has significantly different penalties to a "regular" DUI charge.  If you are in college, having a clean record is the first key to obtaining a job after your schooling is complete. If you are student returning to school or headed back and receive a criminal or DUI charge, contact an attorney.  In Cincinnati and Northern Kentucky, call Michael Bouldin for a consultation at [email protected] or call 859-581-6453.

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