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Is it worth hiring an attorney if I failed a breath test?

I find that most of my potential clients who have failed a breath test experience one of two emotions: either they feel that there is no hope for their case and that they should just throw themselves on the mercy of the court, or they feel angry and worried about what will happen when they get convicted – loss of job, standing, family problems, and other issues that come from a DUI/OVI conviction in Ohio.  Fortunately, there is hope for fighting a breath test.  As a former prosecutor I can tell you that the single most important thing to do after being charged with a DUI is to: hire an experienced DUI Attorney to defend you from the charges.

A breath test is just one piece of evidence that an attorney has to fight, and it is not impossible to beat a DUI.  In fact we would not be in business if it were impossible to beat DUI charges.  And more specifically the breath test is just a readout from a machine, and we all know that machines are not perfect – they produce mistakes and errors.  Just think about the appliances, or machines, in your home.  Do they all work the way they were intended, all the time?  Of course not.  A breath testing machine is no different, they need to be properly calibrated, properly maintained, and properly used.  Many officers do not do this, and as such breath tests can be beat.

An experienced DUI defense attorney will tell you that before we even get to the breath test we need to evaluate several different things.  In many cases your breath test will not even come in because we will be able to have the case reduced or dismissed on other grounds.  For instance, why did the police officers pull you over?  Did they have a legal reason to get you out of your car? Did they have just cause to make you perform field tests?  Did they perform the tests properly (many do not)?  Did they have probable cause to arrest you for DUI?  Many times the answers to these questions is NO… and this means that your case is won on grounds that do not even involve attacking the breath test.

Call us at (330) 752-6706 for your pressure free consultation.  Ask to speak with me, Joe Patituce, an Akron DUI Attorney who represents people charged with DUI/OVI in courts all over Ohio; including the Akron, Massillon, Canton, Fairlawn, and Ravenna area.

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