As an experienced Cincinnati Drunk Driving Defense Attorney, I have a proven record of courtroom victories based on my aggressive and effective legal representation of those charged with drunk driving related offenses in Cincinnati and throughout Ohio.

An arrest for Driving Under the Influence (DUI) is a stressful and fearful event. It is no secret that people convicted of DUI can lose their drivers licenses, and as a result, their jobs. The fear of financial difficulty is quite real. For most people, the very thought of a jail or prison sentence raises concerns about personal safety.

As a skilled Cincinnati Drunk Driving Defense Attorney with over 21 yeas of experience, I am able to meet the needs of clients charged with DUI, providing aggressive legal representation of the highest order within the following areas:

• Driving Under the Influence of Alcohol or Drugs (DUI)
  • Misdemeanor
    • 1st Offense
    • Repeat Offenses
• Felony
  • Serious Repeat Offender
  • Accident with serious injury or death
  • DUI Manslaughter
  • DUI Murder
• DUI with a child passenger
• Hit and Run Driving
• Reckless Driving
• Contests of Speed
• Driving on a Suspended License
• Other Traffic Crimes
• Department of Motor Vehicles (DMV) or other state licensing agency Suspension/Revocation Hearings
  • DWI Conviction
  • Chemical Test Refusal
  • Medical or Drug Suspension
  • Negligent Operator (too many tickets) Suspension

I am widely recognized for the innovative and successful litigation techniques provided to so many DUI clients. Indeed, although some of my clients are referred by other attorneys and courtroom personnel, the vast majority are drawn by word of mouth from former clients. As a former City of Cincinnati Prosecutor, I am well-versed in both sides of the issue. I regularly appear in the courts of Hamilton, Warren, Clermont and Butler counties.

Practice Areas and Legal Definitions

Driving Under the Influence (DUI):
DUI stands for Driving Under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance, to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, it typically results in higher insurance premiums and an offender may become ineligible for credit.

Driving with a Suspended License:
Driving with a suspended or revoked license is usually charged as a serious misdemeanor punishable by substantial fines and up to a year in jail. Under some circumstances, as where someone is killed or injured in an accident caused by a driver whose license is suspended or revoked, the offense can be charged as a felony, with a high fine and a possible state prison sentence. Fines and jail sentences are typically heaviest in cases where the license suspension or revocation resulted from a traffic offense involving alcohol and/or drugs.

Reckless Driving:
Reckless driving is operating a vehicle with willful or wanton disregard for the safety of others or the property of others. It generally involves drastic misconduct on the road, such as driving on the wrong side of the road or driving at dangerously high speeds. It is generally charged as a misdemeanor, punishable by a fine and a local jail sentence. It sometimes results in a driver's license suspension or revocation, and it very often results in the cancellation of insurance. Automobile insurance companies know that people who drive “recklessly” are more likely than others to get in traffic accidents. Also, “reckless driving” convictions are commonly seen as part of a plea bargain in which an initial DUI charge is “reduced” to reckless driving.

Hit and Run Driving:
Hit and Run Driving is a serious offense that involves leaving the scene of an accident without first stopping and identifying oneself to the other driver or drivers. It is, at minimum, a serious misdemeanor punishable by jail time and a high fine. If someone is injured or killed in the accident, hit and run driving is charged as a felony that can result in a state prison sentence. In either case the charge has nothing to do with who was at fault in the accident. Apart from the other penalties, hit and run driving can result in long-term driver's license suspension or, in some cases, actual license revocation.

Contests of Speed (Drag Racing):
In most states, engaging in contests of speed (racing) is a serious misdemeanor punishable by local jail time and a fine. It can also trigger license suspension or revocation by the Department of Motor Vehicles or other state licensing agency. It is also fairly certain to result in cancellation of automobile insurance. Repeat offenders usually face escalating penalties including felony prosecution in aggravated circumstances.

Other Traffic Crimes:
Every state has its own set of laws governing the operation of motor vehicles on public streets and highways. Most of these laws classify violations as infractions - relatively minor offenses for which a fine is the only penalty. One cannot be given a jail sentence for an infraction. It can be very important to fight infraction prosecutions in some situations. Many states have “point” systems to track individual driving records and the accumulation of too many points can have serious consequences, ranging from license suspension to revocation. Automobile insurance carriers often cancel the policies of drivers with too many “points.” The decision whether or not to fight an infraction ticket is one that should receive very careful consideration.

Administrative License Suspension Hearings:
Most states provide for administrative driver's license suspension in certain circumstances, but in every case the driver is entitled to a hearing in which the suspension can be contested. If a hearing is not requested within the time provided by law the right to a hearing is waived, and the suspension goes into effect automatically. In some cases the time for requesting a hearing is very short, and the scope of the hearing is usually very narrow and highly technical, from a legal standpoint. Self-representation at a suspension hearing is rarely successful. The different types of administrative suspension include:

• Medical/Drug Suspension
  Some medical conditions require administrative driver's license suspension. These include certain diseases involving seizures, blackouts, fainting spells, serious physical coordination problems, some mental disorders and loss of vision. The defense to this type of suspension usually involves the submission of written reports from health care providers and other experts.
• Negligent Driver Suspension
  This involves situations in which a driver has accumulated too many “points” for traffic tickets or has been involved in an unusually high number of accidents.
• Drunk Driving Suspension Based on BAC
  If a defendant’s chemical test shows a BAC of .08% or more most states impose a 30 to 90 day suspension. This varies from state to state and may be longer than that. At the hearing, skilled counsel may attack the probable cause for the defendant’s detention and arrest and/or the validity of the chemical test.
• Drunk Driving Suspension Based on Test Refusal
  Where the defendant refuses to submit to a chemical test most states provide for a license suspension ranging from six months to a year, but in at least one state the term is three years. The refusal suspension is not affected by the outcome of a DUI trial. If there is a refusal suspension it remains in place even if the defendant is adjudged “not guilty.” At the hearing, skilled counsel may attack the probable cause for the defendant’s detention and arrest and/or the validity of the chemical test.

Operating While Intoxicated (OWI)
OWI stands for Operating While Intoxicated and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance, to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, it typically results in higher insurance premiums and an offender may become ineligible for credit.

Operating While Intoxicated from Drugs or Prescription Medications:
Most people know that it is illegal to operate a vehicle while intoxicated from illegal drugs, but many people believe they can avoid a conviction for OWI by producing a prescription for the drug in question. This is not true. An OWI (drugs) charge has nothing to do with whether or not possession of the drug was lawful. The legal issue in any OWI (drugs) case is whether, as the result of "impairment" from drug intoxication, the driver has lost the ability to drive safely. It is just as unlawful to operate a vehicle while intoxicated from properly prescribed medication as it is to operate a vehicle while intoxicated from drinking too much alcohol.

Operating While Intoxicated (OWI) with prior convictions:
In all 50 states, repeat OWI offenders face progressively stiffer penalties. In some states, the third or fourth offense may be charged as a felony and, upon a conviction, result in a multi-year state prison term. The elements of the offense are the same, whether or not there are prior convictions.

If you or someone you know needs the assistance of an experienced Cincinnati Drunk Driving Defense Attorney, call Steve Madden today at  866-770-2359, or use the contact form provided on this site to schedule your free initial consultation.

Professional Profile

If you or someone you know needs the assistance of an experienced Cincinnati Drunk Driving Defense Attorney, call Steve Madden today at 866-770-2359, or use the contact form provided on this site to schedule your free initial consultation.

FIRM ADDRESS:
Stephan D. Madden Co., LPA
810 Sycamore Street, Sixth Floor
Cincinnati, OH 45202
Phone: 866-770-2359
Hours: M-F, 8:00AM-5:00PM
Visa and MasterCard accepted

MEMBERS OF THE FIRM:
Stephan D. Madden

EDUCATION:

• Salmon P. Chase College of Law, Northern Kentucky University, J.D., 1980
• Miami University, B.A., 1976
• Archbishop Moeller High School, Cincinnati, 1972

COURTS ADMITTED:

• Ohio
• U.S. District Court, Northern District of Ohio
• U.S. District Court, Southern District of Ohio

PROFESSIONAL AFFILIATIONS:

• Cincinnati Bar Association
• Ohio Bar Association
• Ohio Criminal Defense Lawyers Association.