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Cleveland

  • 3912 Prospect Avenue East
  • Cleveland, OH 44115
  • Phone: (216) 696-0900
  • Fax: (216) 696-8800

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Zukerman, Daiker & Lear Co., L.P.A.

Attorneys at Law

Dui / Traffic

Chronology of a DUI / OVI Arrest in Ohio
  • A police officer stops your vehicle for either unusual operation of the vehicle, at a roadside checkpoint, reasonable suspicion or for probable cause.


  • Upon observing the driver of the vehicle, the officer then asks for the driver's license, registration and proof of insurance.


  • If there may be suspicion that the driver is impaired, the officer will then ask the driver to submit to a field sobriety test.


  • If there is no suspicion that the driver is impaired, the officer can cite the driver of the vehicle with any applicable violations and then release the driver.


  • Upon completion of the field sobriety tests, if the officer has probable cause the driver will be placed under arrest and taken to the police station. At that time the driver will be asked to submit to a chemical test of the urine, blood or breath.


  • If the driver is determined to not be impaired, the driver may be released with any applicable violations.


  • If the test determines that the BAC of the driver is less than .08 percent and no drugs are found in the driver's system, no Statutory Summary Suspension will apply. The DUI charge will remain until appropriate action is taken by the court.


  • The Statutory Summary Suspension will apply if the driver fails or refuses to complete the testing. Repeat offenders will not be eligible for a Restricted Driving Permit (RDP) during the term of the suspension.


  • Should the tests show a BAC of .08 percent or higher, or any trace of an illegal substance, the driver is issued a sworn report explaining the Statutory Summary Suspension.


  • If the driver has a valid license, they will be issued a receipt that will allow them to continue to drive for 45 days.


  • It is the driver's option to receive additional testing (at their expense) and the results are admissible in court.


  • The driver is detained and is required to post bond in order to be released.


  • The driver's vehicle may be impounded, seized or towed.


  • The driver will appear at an arraignment / bond hearing and the person will have to enter a plea of "not guilty," "no contest," or "guilty" to the charge. To fight the charge, a "not guilty" plea must be entered.


  • A defendant is entitled to an administrative license suspension (ALS) hearing within five (5) days of the arrest and/or upon request of the defendant. At this hearing, the court may stay the license suspension, and/or grant limited driving privileges.


  • After a "not guilty" plea the case is set for a pre-trial conference where your attorney can discuss the case with the prosecutor and or judge.


  • If your attorney discovers that there is a problem with the stop, arrest, advice of rights, or the breath test/refusal of the breath test your attorney can schedule the case for a suppression hearing to challenge any of the above.


  • If the case cannot be resolved by way of a plea agreement the case will proceed to trial, to the judge, or a jury.
Disclaimer � Copyright 2007 Zukerman, Daiker & Lear Co., L.P.A. All rights reserved.

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