We Help with Fairborn, Springfield and Dayton Ohio DUI Charges

Let Us Reduce or Eliminate Dayton Ohio DUI OVI and DWI Charges For You

An arrest or conviction for driving or operating a vehicle under the influence of alcohol or drugs - commonly referred to as OVI, DUI or DWI – can affect your life in may ways well beyond the initial shock and inconvenience of the arrest.

A Dayton Ohio DUI, OVI or DWI conviction stays on your driving record forever; it can never be expunged – even if your record is otherwise clean!  And as the result of a Dayton Ohio OVI, DUI or DWI, you will be required to carry high risk insurance for at least three years. In addition, a Dayton, Fairborn or Springfield Ohio DUI, OVI or DWI conviction will mean that you will lose your driver’s license for at least 6 months. You could even lose your license for up to 3 years—even for a first time Dayton or Springfield Ohio DUI or OVI offense. Whether you refuse to submit to a breath, blood or urine test or take one and test over the prohibited level, your driver’s license will be immediately seized by the police. That leaves you without the ability to drive to work, school or for personal commitments.

As of September 30th, 2008, penalties for DUI, OVI or DWI have gone up. That’s especially true if you have had a prior conviction for an OVI, DUI or DWI. Mandatory fines for DUI OVI/DUI/DWI were raised across the board. If you refuse to take a breathalyzer, urine or blood test, you may now have to wait at least 45 days before you are eligible to request limited driving privileges or an occupational driving permit from the court.  If you’ve had a prior Ohio OVI, DUI or DWI offense, you will have your car immobilized for at least 90 days, and you will have to get an ignition interlock device installed on your car at your expense that requires you to blow into it just to start your car. It’s also likely that an OVI or DUI conviction will force you to attend mandatory drug or alcohol counseling – also at your own expense!

THERE ARE WAYS TO BEAT AN OHIO DUI/OVI/DWI & WE KNOW HOW

An arrest for OVI/DUI/DWI does not have to mean a conviction!

We know the law in this area and how to beat the breathalyzers, urine and blood tests. We have also successfully defended clients in cases where there is no breath, blood or urine test, and those who have one, two, or three or more prior Ohio OVI, DUI or DWI convictions and those charged with felony OVI.

Whether this is your first DUI arrest, or you have prior arrests or convictions in your past, what the law requires that the government proves against you doesn’t change. And neither does our approach to defending you. We fight these cases and have success doing it.

Many things can affect the reliability and accuracy of breath machines, including body temperature, illness, diets, the presence of mouth alcohol or other substances in your mouth before or at the time of the test like gum, candy, mints, chewing tobacco or dip, and even tongue and mouth piercings!  Even medical conditions such as GERD, acid reflux and belching or burping just prior to the test can erroneously inflate the results of a breathalyzer and lead to an unfair Springfield, Fairborn or Dayton Ohio DUI conviction.

All breath machines in the State of Ohio are also required by the Ohio Department of Health (ODH) to be maintained, calibrated, and kept in good working order according to a set of rules and regulations. In addition, those running the machine and checking it must be trained and qualified and hold valid permits issued by the ODH. We have found that MANY BREATH MACHINES ARE NOT MEETING THESE STATE-REQUIRED STANDARDS of care and maintenance. As a result, we have gotten dozens of breath tests throughout Ohio thrown out of evidence – even ones that registered two to three times the .08 legal limit or more!

Blood and urine tests for alcohol and drugs must also comply with collection, handling and testing standards mandated by the ODH. The ODH requires blood and urine samples to be collected by approved methods with approved kits by qualified individuals, labeled and handled in a prescribed manner with a proper chain-of-custody to ensure the integrity of the sample, and tested using approved, scientifically reliable methods of analysis by qualified laboratories and individuals holding valid permits issued by the State. If even a single regulation or rule is not complied with by the lab, hospital or police in collecting, handling or testing the sample, your DUI/OVI/DWI test result can be excluded from evidence against you. The result is your OVI/DUI/DWI case may be dismissed or plead down to a lesser charge with your approval, such as to reckless operation, physical control or failure to control.

The experienced Dayton Ohio DUI and OVI attorneys of Ross and Calaway L.L.C. are trained and experienced in all of the rules and regulations governing breath, blood and urine testing for alcohol and drugs such as marijuana, cocaine, methamphetamine, heroine, and prescription medications such as vicodin, oxycontin, percocet, valium, and many more.

We have also been highly successful in beating OVI, DUI and DWI cases where there has been a refusal of a breath, blood or urine test, as well as in appealing the “so-called” automatic one-year suspension of your driver’s license for refusing the test, also called an Administrative License Suspension or ALS.

Ohio law requires police officers to follow a set of procedures on all Ohio OVI, DUI, DWI cases from initially stopping or pulling you over, to getting you out of the car for field sobriety tests, to administering the field sobriety tests themselves, to performing the breathalyzer test at the station. POLICE MAKE MISTAKES.  If there was not a valid reason to pull you over, or get you out of your car, or if the officer failed to follow required guidelines for administering the field sobriety tests put out by NHTSA or the National Highway Traffic Safety Administration, then evidence collected against your Ohio DUI can be thrown out or suppressed and your case can be dismissed or reduced.

We have successfully challenged the basis for police stops, detentions, seizures, field sobriety tests procedure, and arrests through pre-trial motions to suppress evidence and motions in limine, as well as in jury trials.

THERE ARE DIFFERENCES IN DAYTON OHIO DUI ATTORNEYS

Marc Ross has been practicing in the field of Ohio DUI, DWI and OVI law for over ten years. He is a certified operator of the Intoxylizer breath machines and is certified by NHTSA on standardized field sobriety testing.  Mr. Ross frequently represents clients charged with second, third, fourth and felony Dayton Ohio DUIs and OVIs, and has authored several successful appeals of OVI, DUI, DWI cases in the court of appeals. Mr. Ross is a regular speaker on OVI/DUI/DWI defense at seminars and lectures where he instructs other lawyers and judges in Ohio OVI, DUI and DWI law.

Scott Calaway has represented numerous clients charged with Ohio OVI, DUI and DWI in federal court as well as municipal and county courts in Montgomery, Greene, Butler, Warren, Miami, Clermont, and Preble counties. In addition to handling many DUI cases, Mr. Calaway has also defended clients charged with serious felony traffic-related offenses such as Vehicular Homicide, Vehicular Assault and Involuntary Manslaughter, taking almost all the cases to trial before a jury. In fact, probably no attorney in the greater Dayton area has done more jury trials in the preceding 3 years than Mr. Calaway, often securing not-guilty verdicts for his clients.

Mr. Ross and Mr. Calaway practice in Montgomery, Greene, Clark, Warren, Miami, Butler, Preble, Darke, Champaign and Clinton counties. We have represented clients in Fairborn, Xenia, Kettering, Springfield, Urbana, Troy, Dayton, Huber Heights (Area II Court), New Lebanon (Area I Court), Miamisburg, Lebanon, Federal and U.S. District Court, and many more courts.

If you are arrested for a DUI, DWI, or OVI in Springfield, Fairborn or Dayton Ohio or charged with any felony or misdemeanor traffic or criminal offense, do not wait to speak to a lawyer. Call Ross and Calaway L.L.C. immediately at (937) 640-5000.  Our phones are answered 24 hours a day. We offer a free initial consultation. Please be advised each client’s case is different and the information conveyed may or may not apply to your individual situation. Please call us to discuss your case before relying on the information in this website.

Our DUI/OVI/DWI attorneys serve clients in the Dayton, Ohio, area and surrounding counties, including the cities of Xenia, Kettering, Fairborn, Centerville, Beavercreek, Springfield, Troy, and Wilmington.

Our attorneys also serve Montgomery County, Miami County, Greene County, Clark County, Butler County, Warren County and Clinton County.