Cincinnati, Ohio Drunk Driving Defense Attorney Kelly Farrish

Providing Successful Dui Solutions For Over Twenty-Two Years

Kelly Farrish, Attorney at Law, is a full-service Cincinnati, Ohio law firm dedicated to fighting DUI and DUI traffic-related cases. Attorney Kelly Farrish understands that the preservation of a DUI defendant’s license is priority. He aggressively defends clients in DMV suspension hearings and overturns many improper actions taken in trial proceedings. Ohio drunk driving defense Attorney Kelly Farrish is focused on DUI “Damage Control;” and provides legal representation to:

• Reduce the likelihood of a referral to an aftercare program.
• Protect your standing with your insurance company.
• Secure occupational driving privileges.

Cincinnati lawyer Kelly Farrish, Attorney at Law, has spent the last 22 years defending DUI clients in the Courts Hamilton County, Butler County, Clermont County and Warren County, Ohio in the following areas:

• Drunk Driving
• DUI/OVI
  • DUI Alcohol
  • DUI Drugs & Prescription Medication
  • DUI With Prior Convictions
  • DUI With Accidents And Injuries
  • DUI Manslaughter
  • DUI Murder
  • DUI Zero Tolerance- Juveniles
• Driving With A Suspended License
• Driver’s License Revocation
• Other Traffic Crimes
• Criminal Defense

Remember, If You Are Stopped For Drunk Driving...

DO:

• Have your driver's license, registration and insurance card ready for police
• Submit to a "pat down" search, handcuffing and arrest
• Ask for a lawyer
• Be polite, but...

DO NOT:

• Answer police questions
• Volunteer information or engage in small talk
• Lie
• Do balance tests
• Consent to police searching your car
• Sign anything

If You Are Arrested For Drunk Driving...

DO:

• Ask for a lawyer again
• Give breath samples
• Submit to fingerprinting
• Go to a hospital or doctor as soon as you are released
• Insist that the hospital test your blood for ethanol
• Hire competent lawyer on the next business day

DO NOT:

• Answer police questions
• Volunteer information or engage in small talk
• Do balance tests
• Consent to blood tests
• Sign anything

If you or someone you know in Cincinnati, Ohio, or anywhere within the state of Ohio needs the assistance or legal counsel of an experienced DUI defense lawyer, contact Kelly Farrish, Attorney at Law, today at 1-866-775-6382, or use the contact form provided on this site to schedule a free consultation with a dedicated Cincinnati drunk driving Attorney.

Cincinnati, Ohio Drunk Driving Defense Practice Areas

Drunk driving defense lawyer Kelly Farrish, Attorney at Law, is located in Cincinnati, Ohio. The Ohio laws surrounding Drunk Driving and related traffic offenses are upheld in a court of law where the testimony and actions of police are highly regarded. If you are arrested for alcohol-related traffic offense, you need an attorney with the courtroom experience to present your side of the story as strategically as possible. Cincinnati Drunk Driving lawyer Kelly Farrish has built his practice on defending those arrested and accused of Drunk Driving, traffic-related crimes and criminal defense, and possesses the ability to provide aggressive DUI defense for clients involved in any of the following matters:

Ohio Drunk Driving:

In the state of Ohio, it is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

In order to be convicted of drunk driving, the prosecution must prove that the defendant was driving or possessed actual physical control of a vehicle while under the influence of drugs or alcohol at the time of arrest. Evidence must show that the arresting officer had a reasonable, definite suspicion for stopping or approaching the vehicle, or if stopped at a roadblock, that the roadblock was conducted in accordance with the Fourth Amendment to the U.S. Constitution.

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 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 Ohio BMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender’s expense) of a car ignition locking device. In addition, a DUI conviction stays on an Ohio BMV record for at least 7 years; it typically results in higher insurance premiums, and an offender may become ineligible for credit. Plus, a DUI could also jeopardize your employment opportunities.

However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge.

Operating A Vehicle While Impaired (OVI):

Generally known as a DUI, Ohio refers to driving under the influence of alcohol as operating a vehicle while impaired (OVI). Ohio’s legal drinking age for beer and liquor is 21. Evidence of impaired driving is based on physical findings by the arresting officer and the results of a blood, breath or urine test. It is unlawful to operate a motor vehicle with a blood-alcohol concentration (BAC) of .08 percent or higher.

Driving With A Suspended License:

Driving with a suspended or revoked license in Ohio is considered a crime and can result in heavy fines and possible jail time. At worst, it may be considered a felony and the offender could end up in state prison or with an obligation to perform many hours of community service. The penalties are typically heaviest if the license suspension or revocation was the result of a conviction for driving under the influence of alcohol or drugs (DUI).

Driver’s License Revocation:

Typically, a driver’s license will not be revoked for one or even two traffic tickets resulting from a moving violation such as speeding, running a stoplight or stop sign. However, if the offense is extremely reckless and/or if the driver has had previous convictions for moving violations in the past, his or her license may be revoked or suspended. If the driver is charged with drunk driving, reckless driving, or is involved in a hit-and-run, the defendant’s license may be suspended for a year or more.

Other Traffic Crimes:

Traffic crimes are specifically addressed in state statutes. There is an entire body of law that regulates the operation of motor vehicles on the streets and highways. The laws related to operating a vehicle can be difficult to interpret and apply. It is important to contact an experienced DUI defense lawyer if you have been charged with a Drunk Driving related traffic crime. To learn more about traffic related criminal charges, contact Cincinnati, Ohio Drunk Driving Attorney Kelly Farrish.

Criminal Defense:

Criminal Defense charges can include homicide, robbery, burglary, drug possession offenses, weapons possession charges, sexual assault, aggravated assault, domestic violence, fraud, embezzlement, kidnapping and arson. If convicted, whether through their own admission of guilt or through the determination of a jury, offenders can be subjected to fines, imprisonment and probation and community service, among other penalties. The outcome of any criminal case depends upon the facts surrounding the crime charged, the strength of the evidence, the legal validity of law enforcement and courtroom procedure, and the goals and strategy of the government and defense .

In addition to the above practice areas, Kelly Farrish, Attorney at Law, also represents clients in Personal Injury, Appeals and Probation Violation cases.

If you or someone you know in Cincinnati, Ohio, or anywhere within the state of Ohio needs the assistance or legal counsel of an experienced DUI defense lawyer, contact Kelly Farrish, Attorney at Law, today at 1-866-775-6382, or use the contact form provided on this site to schedule a free consultation with a dedicated Cincinnati drunk driving Attorney.

Cincinnati, Ohio DUI Frequently Asked Questions

The following information includes frequently asked drunk driving questions. The answers stated are general in nature and are not intended to apply to every DUI defense situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Cincinnati, Ohio DUI defense lawyer Kelly Farrish, Attorney at Law, you can receive a personal consultation regarding your specific criminal defense case.

Is A DUI Conviction A Felony?

A first-time DUI conviction is normally charged as a misdemeanor, not a felony. However, if someone was injured as a result of the drunk driving, the charges can be elevated to a felony . If anyone dies as a result of drunk driving, the defendant can be charged with vehicular manslaughter.

Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge. Whether a DUI conviction ends up as a misdemeanor or a felony depends heavily upon the type and length of the punishment for the crime. For example, misdemeanors carry the possibility of incarceration in the county or local jail for one year or less; felonies usually require a state prison term for more than a year.

What Criminal Penalties Follow A DUI Conviction?

A DUI conviction may affix criminal penalties such as fines, jail, probation and/or community service. There are mandatory minimum penalties for first-time offenses and increased penalties for each additional offense thereafter. Conservative Judges and Prosecutors will seek lengthy jail sentences for multiple offenders - especially for those who are still on probation for a prior offense. It is therefore critical to have an experienced DUI Attorney who is familiar with the Court you are assigned and how to avoid harsh jail sentences.

The severity of criminal penalties will vary according to the circumstances of the offense that include, but are not limited to: whether the driver has a history of DUI violations, whether the driver was operating a commercial vehicle at the time of the DUI, whether the DUI violation occurred while there was a child in the vehicle, whether the DUI violation occurred simultaneously with another dangerous moving violation; i.e., reckless driving, whether the DUI violation involved a car accident in which property damage occurred, whether the DUI violation involved a car accident in which another person was injured or killed, and whether the driver was under the legal drinking age at the time of the DUI violation.

Now, more than ever, a multiple offender needs an attorney dedicated to DUI defense. An Attorney who specializes in DUI Defense can guide you through the legal process in ways that could substantially reduce any suspension imposed by 50-100%, even if your case cannot be won outright. Please contact Kelly Farrish, Attorney at Law, today to learn more.

What If I Refused To Take A Chemical Test?

If you refused a chemical test or failed to complete a chemical test, you face a one-to-three year suspension from the Ohio BMV. Some Police Departments will actually force you to take a blood test even if you refuse and then use the results against you in Court . This is the worst of all possible scenarios since you will be subject to penalties for refusals and the results of the blood test still comes in at your trial.

There are many successful ways to defend a Refusal Case. The officer is required to properly advise you of the consequences if you refuse and many officers fail to give the required admonition correctly or they may confuse a driver. Officers will also improperly deny a driver the right to take and complete a breath test.

Do I Need A Lawyer?

If you fall within any of the following categories you should consult an Attorney who specializes in DUI defense:

• DUI Drivers Who Injure Or Kill Others
• DUI Drivers Who Were Involved In An Accident
• DUI Drivers With Prior Convictions
• DUI Drivers Who Have Refusals Alleged
• DUI Drivers Who Have Levels Of 0.15% or Greater
• DUI Drivers Who Hit And Run
• DUI Drivers On Probation
• DUI Drivers Under The Age Of 21
• DUI Drivers Who Were Speeding In Excess Of 30 Mph Of The Posted Speed Limit
• DUI Drivers Who Have Children Under 14 Years Old In The Vehicle
• DUI Drivers With Medical Conditions That Could Affect Field Sobriety Testing
• DUI Drivers With Medical Conditions That Could Affect Chemical Testing
• DUI Drivers Who Were Stopped By Police Within 1 Hour Of Last Drink
• DUI Drivers Who Were Stopped At Checkpoints
• DUI Drivers Who Were Stopped By Police Without Cause or Reasonable Suspicion
• DUI Drivers Who Feel That They Were Not Impaired By Alcohol Or Drugs
• DUI Drivers Arrested For Driving Under The Influence Of Prescription Medication
• DUI Drivers Who Have A Low BAC (0.10% Or Lower)
• DUI Drivers Who Risk Job Loss If Drivers License Is Suspended Or If Convicted Of DUI
• DUI Drivers Who Hold Commercial Licenses

Judges in many Ohio Courts will treat some of these drivers differently , from their initial appearance in Court to the final sentence that is imposed. Some of these differences are required by law, such as mandatory minimum jail sentences for certain offenses or for multiple convictions; others are at the discretion of the individual judge . Many judges will set additional bail for multiple offenders and remand them into custody until a bond is posted. Drivers who are currently on probation will have their probation revoked and a probation violation hearing will be set. A probation violation for a prior offense could lead to additional jail time.

Can Field Sobriety Tests Be Challenged?

The gymnastics that you were asked to perform on the side of the road under abnormal conditions were not designed to objectively determine whether you were in fact impaired by alcohol. Police and prosecutors use them to collect evidence against you. They cannot be passed. They are judged by negative scoring; thus, you get no credit for doing things correctly. You can do a test perfectly and still fail the test because the Officer thought you performed in a "slow deliberate manner."

Police in Cincinnati, Ohio routinely use field exercises that were rejected after exhaustive studies under expensive federal grants. These include the following: The Alphabet Test; The Finger Count Test; Counting Backwards; Touching Finger to Nose Test; Modified Balance Test—estimate 30 seconds with eye closed and head tilted back.

These Field Sobriety Tests are not scientific or reliable. In many cases in Ohio, these tests are conducted by police officers in a manner which is not approved by the National Highway Traffic Safety Administration.

Proper cross-examination of the arresting officer can demonstrate that these exercises do not predict impairment for the purposes of driving a motor vehicle. The scientist hired by the National Highway Traffic Safety Administration, Marceline Burns, has admitted that the field tests do not measure impairment. She has also admitted that they are unreliable unless administered in strict compliance with standardized testing procedures.

A recent published scientific study evaluated 100 videotapes of police conducting the follow the pen eye test and found that each and every officer performed the test wrong. Cross-examination of police officers with their very own training manuals routinely demonstrates their lack of knowledge and skill.

10 Ways to Discredit Field Sobriety Tests:

1. Field Sobriety Tests Are Not Scientific
2. The Officer Was Not Properly Trained
3. The Officer Did Not Use Standardized NHTSA Tests
4. The Officer Did Not Properly Instruct You On How To Perform Tests
5. The Officer Did Not Use Objective Standardized Scoring Criteria
6. The Officer Had You Perform The Tests Under Improper Conditions
7. Your Age Or Weight Make You An Improper Candidate For Tests
8. You Have A Physical Disability That Makes You An Improper Candidate For Tests
9. You Have A Psychological Condition That Makes You An Improper Subject For Tests
10. The Officer Lied About Your Performance On The Tests

Can I Challenge The Results Of A Breath Test?

The validity of breath testing rests upon a vast array of assumptions that can be attacked by an experienced DUI attorney in a wide variety of cases.

COMMON ASSUMPTIONS:

1. The machine is in proper working order and has been properly calibrated.
   Even if everything is in proper working condition, there can be an acceptable variation of +/- 0.02%. If your result is a 0.10%, that's a 20% error factor. How would you feel if the altimeter of an airplane was 20% off?
2. The sample was properly obtained.
   The law requires that you be under continuous observation for 15 minutes prior to your breath test to prevent "MOUTH ALCOHOL." If the operator of the breath device did not have you under continuous observation for 15 minutes prior to testing, your test may be invalid. Even if you were observed, you may still have medical conditions that may make you an improper candidate for breath testing. These conditions include common ailments such as heartburn and gum disease.
3. The sample was obtained after defendant absorbed all the alcohol.
   Breath testing assumes that the subject is post absorptive. This is important because the machine is calibrated to multiply the breath result by 2100 to calculate your blood alcohol level. If you were still absorbing alcohol, this would tend to significantly over report your true blood levels.
4. The temperature of the defendant’s breath was 34 degrees centigrade.
   State of the art breath testing equipment actually measures the temperature of your breath and will subtract any false high result due to elevated breath temperature. Studies done with breath testing equipment establish that the real average breath temperature for arrestees in DUI cases is closer to 35.5 with readings actually over 37. This alone would cause a false high of between 10 to 20%.

10 COMMON CHALLENGES TO BREATH TESTS:

1. The Machine Was Not Properly Operated
2. The Machine Was Not Properly Maintained
3. The Machine Was Not Properly Calibrated
4. The Machine Was Affected By Radio Frequency Interference (Police Radio etc.)
5. The Machine Has An "Acceptable" Range Of +/- .02%
6. Your Body Temperature Was Greater Than 98.6
7. You Were Tested Within 2 Hours From Your Last Drink
8. You Have Medical Or Dental Problems That Make You An Improper Candidate For Breath Testing
9. The Officer Did Not Have You Under Continuous Observation For 15 Minutes Prior To Giving You The Breath Test
10. Your Symptoms And Drinking Pattern Are Inconsistent With The Test Result

Do My Medical Conditions Affect DUI Testing?

The defense of a DUI case requires specialized knowledge about physics, chemistry, biology, anatomy, toxicology, pharmacology and how these scientific disciplines interrelate. Chemical testing for blood alcohol levels assumes that the subject is a normal, healthy average person. There are countless medical conditions which can affect the accuracy of chemical testing and the appropriateness of field sobriety exercises. The following are examples of medical conditions that could effect DUI testing:

• Periodontal (Gum) Disease
• Dentures
• Faulty Bridge Work
• Gastric Reflux Disease (Heartburn)
• Flu
• Fever
• Pre-Menstrual/Menstrual
• Diseases of the Lungs
• Heart Disease
• Accidents With Air Bags
• Diabetes
• Inner Ear Conditions
• Attention Deficit Disorder
• Pre-Existing Injuries to Back, Legs, Etc.

If you or someone you know in Cincinnati, Ohio, or anywhere within the state of Ohio needs the assistance or legal counsel of an experienced DUI defense lawyer, contact Kelly Farrish, Attorney at Law, today at 1-866-775-6382, or use the contact form provided on this site to schedule a free consultation with a dedicated Cincinnati drunk driving Attorney.

Professional Biography Of Cincinnati, Ohio Drunk Driving Defense Attorney Kelly Farrish

Your choice of an attorney in a Drunk Driving or traffic related criminal case will have an enormous impact on the outcome of your charges and/or subsequent penalties. Even for a first offense, a DUI conviction can include license suspension, substantial fines, mandatory attendance at a state or DMV approved alcohol program, probation, community service and overnight jail time. A skilled DUI Attorney can minimize and possibly eliminate these penalties. Kelly Farrish, Attorney at Law, provides that service.

Cincinnati, Ohio drunk driving lawyer Kelly Farrish, Attorney at Law, is committed to obtaining the best possible results for his DUI clients. Attorney Farrish is experienced, skillful and dedicated to providing aggressive drunken driving defense from his office to the courtroom. Please call Kelly Farrish, Attorney at Law, today, at 1-866-775-6382 to begin your free consultation with a trusted Cincinnati DUI defense attorney.

Firm Address

Kelly Farrish, Attorney at Law
601 Main Street, 3rd Floor
Cincinnati, OH. 45202
Telephone: 1-866-775-6382

Fax: 513-621-8703

KELLY FARRISH, Attorney At Law

Education:

• Undergraduate degree from the University of Cincinnati
• Law degree from the Salmon P. Chase College of Law

Professional Memberships:

• Member - Cincinnati Bar Association
• Member - Ohio State Bar Association
• Member - Greater Cincinnati Criminal Defense Lawyers Association
• Member - Ohio Academy of Trial Lawyers Association

Served 5 years in the U.S. Air Force
2 years voluntary service in Vietnam
Seminar Speaker- Criminal Defense Lawyers Association

Licensed to Practice in Hamilton County, Butler County, Clermont County and Warren County, Ohio