A DUI can be charged a number of ways:
First, a breath, urine, or blood test which is .08 BAC or greater, OR, even where there is no breath, urine, or blood test, but where the police officer observed your conduct and can testify that your driving was impaired as a result of alcohol or other drug of abuse. The DUI statute is very complex,(Ohio Revised Code 4511.19) and anyone charged with a DUI is advised to seek the assistance of an experienced DUI lawyer.

Probable Cause to Stop:
Did the police have probable cause to stop your car? If the police stopped you for speeding but the officer did not properly use his laser device, your DUI could be dismissed after a suppression of evidence. Depending on the facts in your case, a DUI attorney may be able to challenge the allegation of speeding and make an argument like the one found in Upper Arlington v. Limbert or Cincinnati v. Branch.

If the police officer did not have a proper reason for stopping your car, then the DUI case might be thrown out of court following a successful motion to suppress the evidence. A trained DUI attorney may be able to present an argument like the one presented in State v. Bressler.

Should I take the breath test?
If you do not take the breath test, the prosecution will likely have a more difficult time proving you are guilty. Therefore it is often a good idea to not take the breath test. But keep in mind that even when you refuse a breath test and win the case, you can still receive a driver's suspension for your refusal if the police officer had a reasonable cause to ask you to take the breath test.  Also, penalties may  increase if you refuse the test. Each situation is different, so it is often important to speak with an attorney to answer this question.

Dismiss the Breath Test?
It is possible to get the breath test dismissed by the judge. In many situations our office will file a motion to suppress the breath test. This means we are asking the court to dismiss the breath test because the police officer failed to follow the proper procedures and regulations when he operated the breath machine.It is also possible to get the judge to dismiss the field sobriety tests if the police officer did not follow the correct procedures.  Each field sobriety test has to be conducted in a certain way, and if the police officer did not conduct the test properly, these tests can be suppressed. The National Highway Traffic Safety Administration administers regulations that govern field sobriety testing. An
experienced DUI attorney will be familiar with these regulations.

Video Tapes:
Each jurisdiction is different, but if you are pulled over by a City of Cincinnati police officer, there is probably a video of your arrest from the police car.  This video must be given to your attorney in the discovery process when it is properly requested.  If the video is missing or lost, your attorney may be able to have the case dismissed by the judge, which occurred in State v. Anderson. Speak to your attorney about this issue.