An Akron DUI Attorney Outlines the BMV Process for your DUI Case

In Akron, Ohio, the BMV is the Bureau of Motor Vehicles, and in the case of your DUI charges, you will more than likely need an Akron DUI attorney present at your BMV Hearing. I'll go into the reasons for this further on in this article, but to start with, it is of the highest imperative that you contact an Akron DUI attorney as soon as possible when you have been charged with DUI or OVI.

DUI (driving under the influence of alcohol or drugs) or OVI (operating a vehicle whilst impaired) has severe penalties in Akron (and most of the US, actually) which can include:
* a fine
* imprisonment
* license suspension
* vehicle confiscation
* special license plates
* electronic home incarceration
* probation
* community service
* alcohol/drug abuse education counseling

At the very least, you will be facing license suspension and a fine. The important thing to remember with a DUI or OVI case in Ohio, is that there is a limited period in which you can schedule a BMV hearing to make an appeal against the suspension of your license. It is likely that you will not have much success unless you enlist the help of an Akron DUI attorney who will be able to help you state your case. Whilst you could face the BMV on your own, an Akron DUI attorney will have built a relationship with the legal community and have a better chance of stating your case successfully, and will know all the legal details about not only submitting the appeal, which is a process in itself, but they'll also have had experience in dealing with similar cases before and will know the most effective approach to take with the BMV in order to ensure that your license is not suspended.

Once you have been charged and arrested, the BMV hearing takes place (provided you submitted your appeal within the allotted time period). The BMV hearing is where the decision is made to revoke your driver's license or not. The key piece of information relating to your case is that, contrary to what may be popular belief, it is not the position of the person being charged to show that the suspension is not justified, but it is rather the position of the BMV to show that the suspension is justified. Quite often, drivers who request a BMV hearing at the encouragement of their Akron DUI attorney find that they are able to keep their license as the BMV doesn't go through with the hearing.

After the BMV hearing, you will face the criminal proceeding, and this is where your Akron DUI attorney comes in. He will explain that the evidence for your sobriety needs to have been collected legally, and if there is any doubt as to the legality of the sobriety tests, the evidence can be dismissed. Of course, most of the time there will be some time between the BMV hearing and the criminal hearing, and this is where you need your Akron DUI attorney to ensure that you keep your license.

Akron DUI Attorney Provides an Overview of DUI

I had a friend who recently was charged with DUI in Ohio, and has been looking for an Akron DUI attorney to assist with his case. I thought that, since there may be a few other people looking for an Akron DUI attorney, that I would bring some light to the subject and give some of my own views and information on the subject.

DUI, driving under the influence, has recently been amended to OVI: operating a vehicle impaired. This is because "impaired" can refer to both alcohol and drugs (drugs can also include prescription drugs), and a vehicle can include a motorbike or bicycle, and "operating" is more encompassing than "driving" in DUI. So, you simply cannot be impaired by any drug or alcohol, while behind the wheel/operating a vehicle, even if you aren't driving it.

In Akron (and most other states) the important thing is to plead not guilty to your charge. Obviously, this is assuming you have hired an Akron DUI attorney, in which case they will advise you whether or not you can, in fact, plead not guilty, as there needs to be some kind of fault with the evidence in order to have a legal case against the charge. If you plead not guilty, a pre-trial hearing will then be set where your Akron DUI attorney will negotiate the charges relating to your case.

In the hearing, the defense lawyer will be able to assist in handling the facts surrounding the police's use of the tests to determine your sobriety at the time. There are many procedures and steps that need to be taken by the traffic police when they stop you, and if these are not completed in the correct manner, then the court may dismiss them as not being relevant. The main thing to remember with all of this is that when you are tested, either with a breathalyzer to determine your blood-alcohol level, or with a blood test to determine your blood-alcohol level, the tests need to take place prior to your arrest.

The tests also tend to have some degree of inaccuracy and need to be calibrated regularly, and need to be tested regularly. If this has not been done or if the test hasn't been administered exactly as per the instructions, then your Akron DUI attorney will be able to assert that the evidence pertaining to your alleged impairment was obtained illegally, and that the evidence should not be made available for the case.

The penalties for a DUI offense in Ohio are severe: fines, imprisonment, points docked from your driving record, vehicle confiscation, license suspension, electronic home incarceration, special license plates, and even potential rehab and community service for your drug/alcohol abuse.

The biggest reason for getting an Akron DUI attorney relates to the negotiations: your lawyer will be able to get your driving rights back, or at the very least ensure that you don't go to prison. So, if you have been charged with DUI and feel the evidence gathering has been faulty, find yourself a decent Akron DUI attorney to help you out. You won't regret it.

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I am an Akron DUI Attorney that specializes in defending DUI cases.  Please visit my site for more information, or keep your eye here for more postings of beneficial information.

Thanks
Martino