You may be surprised to learn that you can face driving under the influence (DUI) charges in Cincinnati, OH, even when in a parked car if you’re found in the driver’s seat of a parked car while under the influence of substances, law enforcement may deduce that you were either operating or in ‘physical control’ of the vehicle.
If you find yourself in this situation and need help, contact Suhre & Associates DUI and Criminal Defense Lawyers today at (513) 333-0014 to schedule a free consultation. Your initial consultation with one of our experienced DUI lawyers is free of charge.
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How Suhre & Associates DUI and Criminal Defense Lawyers Can Help if You’re Arrested for a Parked Car DUI in Cincinnati
If you’re facing a DUI arrest in Cincinnati, OH, enlisting the assistance of skilled attorneys from Suhre & Associates DUI and Criminal Defense Lawyers can significantly influence the outcome of your case. Our Cincinnati DUI lawyers have 100 years of combined experience and know how to secure a favorable outcome. Here’s how we can help:
- Our lawyers scrutinize the evidence presented against you, questioning its validity and seeking to suppress any that was improperly obtained.
- We will review any field sobriety tests you may have been subjected to, evaluating their administration for errors or procedural discrepancies that could impact their credibility.
- Our firm can assess the accuracy of any breathalyzer or blood test results by scrutinizing calibration records and testing procedures.
- We negotiate with prosecutors to possibly reduce charges or even seek a dismissal based on weaknesses in the case or violations of your rights.
Overview of Parked Car DUI in Ohio
In Ohio, a defendant may be arrested for a DUI even if they’re not actively driving a vehicle. The critical factor lies in having “physical control” over the vehicle – if the keys are within reach or in close proximity, this might suffice for an arrest. Merely being in the driver’s seat with access to ignition keys can lead to charges.
Officers typically build cases around circumstantial evidence that suggests you operated the car while impaired. Understanding these nuances is important when navigating DUI charges related to being in a parked car.
What Are the Penalties for Parked Car DUI Convictions in Cincinnati, Ohio?
Upon a first DUI offense, offenders can face serious consequences. If an individual refuses to take the blood alcohol test mandated by law enforcement officers, they will receive an administrative license suspension (ALS) for one year.
If the defendants does take the test and their blood alcohol concentration is above the legal limit after testing, they will receive the following penalties:
- 90-day driver’s license suspension
- A mandatory minimum of three days spent in jail or participation in a driver intervention program
- Fines between $375 and $1,075, alongside court costs
- Driver’s license suspension from the court for up to three years
- Probation for up to 5 years
- Possible installation of ignition interlock device
If you’re facing charges for a subsequent DUI in Cincinnati, be aware that penalties escalate with each additional conviction. Jail time, fines, and license suspension duration will all increase.
What Defenses Can Be Raised if I’m Arrested for a Parked Car DUI in Cincy?
When facing a parked car DUI arrest, several defenses may be available depending on the specifics of your situation. The following are some of the most common legal defenses a criminal defense attorney may raise on your behalf:
Not Driving and No Control Over Vehicle
One primary defense is demonstrating that you were not driving nor intending to drive. To prove this, you can present evidence that shows the vehicle was inoperable, you didn’t possess the car keys at the time of arrest, or provide eyewitness testimony that affirms your lack of intention to drive.
Violation of Constitutional Rights
If your rights were violated during the arrest process – such as an unlawful search and seizure or a failure to advise you of your Miranda rights – the resulting evidence, including blood or breathalyzer test results and statements made by you, could be suppressed.
Successfully suppressing this evidence reduces what can be used against you in court, weakening the prosecution’s case.
Not Under the Influence
When found in a parked car, you can challenge the assumption that you were intoxicated by offering alternative explanations for any behavior or physical signs that police interpreted as intoxication.
You could provide evidence of a medical condition mimicking signs of impairment or dispute chemical test results showing legal intoxication due to issues like improper testing procedures or equipment malfunction. This strategy casts doubt on whether you were actually impaired at the time of your arrest.
Working with an experienced legal professional who understands the nuances of Ohio’s DUI laws will give you the best chance at fighting these charges.
If you find yourself arrested for a parked car DUI in Cincinnati, you have the legal right to seek counsel and build your defense with knowledgeable attorneys who can navigate the complexities of Ohio’s criminal laws.
It’s crucial that you act quickly to protect your rights. Contact Suhre & Associates DUI and Criminal Defense LawyersIf you’ve been charged with a parked car DUI in Cincinnati, Ohio, Suhre & Associates DUI and Criminal Defense Lawyers can help. Call today for a free consultation., today to schedule a free consultation.
