Probation is also referred to as “community control” in the state of Ohio. It’s an option that Judges have when they sentence someone. Rather than the person going to jail, they are sentenced to probation. Usually probation is used in cases involving misdemeanors or first time, non-violent offenders. If a defendant is sentenced to probation, they could be required to do a drug test, pay several fines and court costs, conduct community service, counseling and more. They must refrain from criminal activity as well. If these requirements are abused, the defendant could go to jail or receive a longer probation. If the probation is completed successfully, the case is terminated.

Parole is also referred to as “post release control” in the state of Ohio. It happens once a defendant has already served some time in a correctional facility and requests an early release dependent upon certain conditions that must be met in order for them to stay out of prison. If these conditions aren’t followed, the defendant could go back to prison. Just like probation, if the terms of parole are completed successfully, the case is terminated.

Tonight, the Hamilton County and Butler County OVI Task Force are going to be on US-127 (Hamilton Avenue and Pleasant Avenue) looking for impaired drivers. This checkpoint will be in place to target drivers who are driving under the influence of drugs and or alcohol. There will also be checkpoints in Clifton on Martin Luther King Drive (west of Clifton Avenue). Both checkpoints begin at 9am and will run until early Saturday.

If you get pulled over and are accused of drunk driving, choose to refuse the breath test and field sobriety test and contact a Cincinnati DUI lawyer immediately.

By law, counties are required to publish where checkpoints are located. If you are pulled over and accused of driving drunk, remember to choose to refuse the breath test and field sobriety tests. Remember to be prepared and read our top 10 DUI do’s and don’ts.

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Felony charges are attached to serious criminal offenses like murder, rape, assault, drug trafficking, and DUI’s if someone is injured as a result of drunk driving. A felony conviction results in possibly having to serve six months or longer in prison (instead of serving jail time).

Misdemeanor crimes are less serious than felonies. Common examples of misdemeanors include simple assault, disorderly conduct and first-time DUI. Misdemeanors usually result in punishment in a jail, for less than a year. Sometimes misdemeanors can be resolved with community service, probation or other treatment programs.

Remember, if you have been charged with a crime in Ohio, contact the Law Office of Steven R. Adams immediately to schedule a free consultation.

At a DUI checkpoint, police officers will either stop every vehicle or they will stop certain cars on a public road to see if a driver is suspected of drinking and driving. If you are pulled over and suspected of a DUI, it is important to refuse the breath test and field sobriety tests. Read why it is important to choose to refuse DUI tests.

DUI checkpoints are setup to stop and arrest drivers who are suspected of driving under the influence of alcohol and or drugs. Be careful out there and if you are suspected of drunk driving, remember to refuse the breath test and the field sobriety tests. Visit our top ten DUI Do’s and Don’ts list for more information on why you should choose to refuse.

There is a public misunderstanding regarding why people who are accused of a DUI in Ohio should refuse breath tests and field sobriety tests. The cops will not tell you details relating to the suspension. But you need to know this:

If you DO REFUSE the breath test:
A first time offender in Ohio will get a 1 year license suspension for refusing a chemical test. However, you can appeal the suspension and you can get driving privileges 30 days after the arrest.

Possible Result: If you don’t take the breath test, you have a better chance of getting acquitted. If the cops have less evidence, the better off you are. You are now fighting the police officer’s opinion and opinions can be beaten in court.

If you TAKE the breath test and blow over .08 (the legal limit):
A first time offender in Ohio will get a 90 day suspension and then you can petition the court for driving privileges after 15 days. If convicted, you will eventually get a 6 month – 3 year driving suspension as well.

Possible Result: Defense attorneys are limited in breath test challenges in Ohio because of Ohio Supreme Court laws. Your chances in prevailing significantly decrease if you take a breath test and blow over the legal limit, .08. The cops only have to give suspects a civil BMV (bureau of motor vehicles) penalty (90 day driving suspension). What they don’t tell you, is that your situation will then become a criminal charge and the judge by law must give you a 6 month – 3 year drivers license suspension if convicted with a positive breath test (.08 or more).

Also, field sobriety tests are completely voluntary. You will not get any suspensions for refusing a field sobriety test. They are setup to make you fail and there is no scientific evidence that has proven the accuracy of these tests. Also, there have never been any scientific peer review studies stating that these test are indeed reliable indicators of impairment. CHOOSE TO REFUSE!

Listen to Steve Adams’ interview with Scott Sloan from WLW by clicking here.

Steve Adams mentioned that the Intoxilyzer 8000 breath test machine is a completely unreliable machine. Right now, there are around 4 judges from different counties from southwest Ohio who have all deemed this breath test machine to be unreliable. A judge in Athens County pointed out that he was troubled by the fact that the Ohio Department of Health was hiding and taking down records from their official website as it relates to records that attorneys typically look at to determine whether or not there is a reliable result.

Bill asked Steve an important question… what do you do if you are pulled over and accused of a DUI in Cincinnati? Steve says to get out your license, insurance and registration papers and give them to the police officer. If the police officer asks you if you have been drinking, just say “Officer, before I say or do anything, I want to talk to a lawyer.” If the officer asks you to get out of the car, you MUST get out of the car. Other than that, you don’t have to do anything. They may ask you to do field tests – do NOT do these tests because they are setup to make you fail. If they ask you to take a DUI breath test, refuse this test as well.

And finally, Steve ended the interview with a piece of Irish wisdom: “Just say no, when the police say blow.” And here’s Steve Adams’ March Madness wisdom: “Don’t let March Madness turn into Sadness – Say no no, to the po po.”

Click here to listen to Steve’s interview with Bill Cunningham on WLW.