Defense Strategies

Dayton DUI Defense Strategies

We Push Back Against Prosecutors And Police

A DUI/OVI arrest in Dayton is an experience no one wants to have, and in its aftermath, you’re probably feeling a lot of mixed up, confusing emotions.

When we first sit down with many of our clients, they tell us that they don’t believe there’s much that can be done, because after all, the police told them they’d blown over the limit on a Breathalyzer or flunked a field sobriety test.

I spent years as a prosecutor, and I can’t tell you how much the police and prosecution rely on that innate belief that if they – the authority figures – tell a person they’re guilty, then it’s game over and the accused is supposed to roll over and take whatever punishment they dish out.

At Patituce & Associates, that’s now how we play. If you’ve been arrested for DUI/OVI in Dayton, you had a really bad experience with law enforcement. That’s all. Everything else is open for discussion, and we’ve built our reputation on our methodical approach to the evidence that the prosecution will employ to try to prove you guilty.

Here are just a few of the approaches we take in most cases, but please understand that every case is unique, and we’ll handle your case based only on the particular circumstances of your situation.

We start with the initial stop. Police pulled you over, but did they have probable cause? Maybe you were involved in a collision and they arrested you when they responded. What was your physical condition at that time? Did airbags deploy? Did you sustain any trauma to the head or go into shock, resulting in the appearance of intoxication?

From there, we examine any testing data. If you were pulled over and Field Sobriety Tests were administered, we want to know everything about that process.

How recently was the officer trained? What were weather conditions like during the test – was the surface flat and dry, was there ample illumination, was there traffic on the road beside you?

If you were given chemical testing (blood, breath, urine), we want to know everything about that process too. For Breathalyzer testing, we’ll find out what model of device was used and look into the calibration and maintenance logs for it.

We also want to know about you – what had you eaten that day, what is your typical diet like (did you know that low carb diets can cause an elevated reading on a Breathalyzer?), what kind of medications do you take, what is your medical history?

If samples like blood or urine were collected, we want to know what the circumstances were – how was testing administered, who handled samples, how they were stored, and we’ll force the prosecution to document the chain of custody from your body to the courtroom.

And these are just the very basic, generic questions that form the foundation of many of the DUI/OVI cases we defend in Dayton.

We’re former prosecutors, and what we know is that you aren’t guilty until a judge says you’re guilty – and we work hard every day to make sure that doesn’t happen.

When you need tough, experienced DUI/OVI lawyers in Dayton, call Patituce & Associates at 937-660-5141 for a free consultation.