Examining Every Aspect of Your DUI Case
There are many ways to effectively challenge a DUI arrest. As an experienced lawyer who has handled hundreds of DUI defense cases, Matthew Ernst is well prepared to explore every way possible within the scope of the law to maximize your DUI defense.
At our Cincinnati law firm, we examine every aspect of your case, from the moment the officer spotted your vehicle, to the DUI arrest and through your arraignment:
- Did the officer have a valid reason to stop you?
- Did the officer have the right to ask you to submit to testing?
- Were the right field sobriety tests given?
- Were field sobriety tests given correctly?
- Were you read your rights?
- Should statements you made be excluded?
- Were blood, breath and urine tests given correctly?
Challenging Field Sobriety Tests
If a police officer suspected that you were drinking, he or she probably administered a series of field sobriety tests. Attorney Matt Ernst has NHTSA field sobriety test certification, which gives him in-depth knowledge of how the tests should be administered. He knows when the wrong tests were administered, or when the right tests were administered in the wrong way.
National Highway Traffic Safety Administration guidelines mandate that three standardized field sobriety tests should be used in Ohio. In order to increase their accuracy, police officers are trained by the NHTSA to conduct a horizontal gaze nystagmus test (HGN), walk-and-turn and one-leg stand:
The Cincinnati police department may also use tests including asking drivers to touch their fingers to their noses, count backwards from a certain number to a certain number, or recite their ABCs.
Refusing those three tests or any other tests results in no license penalties to you. If you feel that you may not pass, there is no benefit to trying them. If you have already taken the tests, know that test results can be excluded if officer did not substantially comply with NHTSA guidelines.
"He Didn't Read Me My Rights!"
Many people ask us about whether or not they should have been read their Miranda rights when arrested for DUI. While most people know it, Miranda actually only applies in limited situations. It applies when police officers interrogate you while in police custody. The law does not require police officers to read you your rights before they ask you roadside questions—those asked before you were taken into police custody.
If you have been accused of drinking and driving, contact a lawyer for strong defense of your DUI arrest. Contact Matt Ernst by calling our office at 513-878-1829 or toll free at 888-802-7557 or by sending us an e-mail.
