Cincinnati, Ohio Drunk Driving Defense Attorney Kelly Farrish:  Providing Successful DUI, Narcotics and Criminal 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, as well as drug-related crimes and a full range of criminal law matters. 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

If you have been accused of a DUI, OVI, drug violation or any crime, the decisions you make now can literally affect the rest of your life. The strength of your defense should be assessed by an attorney who fully understands the unique facts of your case and who knows how the law applies to your circumstances. Only then can you make the critical decisions that will protect your future. Attorney Farrish has experience helping people make these important decisions.

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 513-824-8972, 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.

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 513-824-8972 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: 513-824-8972

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

An arrest and a criminal conviction can have long lasting effects on your life. If you are arrested, you need an attorney with courtroom experience to present your side of the story as strategically as possible. The attorneys at the Farrish Law Firm have built their practice on defending those arrested for misdemeanors and felony criminal offenses including, but not exclusive to:

• murder
• assault
• domestic violence
• sexual assault
• rape
• robbery
• breaking and entering
• burglary
• all drug offenses (possession charges and trafficking charges)
• stalking
• theft
• arson
• felonious assault
• passing bad checks
• bribery
• child endangering
• coercion
• conspiracy
• misuse of credit cards
• disorderly conduct
• drug abuse
• embezzlement
• tampering with evidence
• extortion
• failure to comply with police officers signals
• false alarms
• falsification
• forgery
• gambling
• grand theft
• gross sexual imposition
• involuntary manslaughter
• kidnapping
• fraud
• menacing
• negligent homicide
• obstruction of justice
• obstruction of official business
• prostitution
• personating an officer
• property offenses
• receiving stolen property
• reckless homicide
• resisting arrest
• retaliation
• riot
• aggravated riot
• sexual imposition
• telecommunication harassment
• vandalism
• weapon offenses

Our client centered practice offers the clients of the Farrish Law Firm a distinguished history of proven criminal experience.

Robert W. Dziech, II, has 14 years of experience in the criminal field. Mr. Dziech has his B.A. in Political Science from Wittenberg University (1993), and his Juris Doctorate from Chase College of Law, Northern Kentucky University, Cum Laude (1996). He is license to practice in the Commonwealth of Kentucky, the State of Ohio, and the Southern District of Ohio, United States Feceral Court. Mr. Dziech spent seven years of practice as a Hamilton County, Ohio Prosecutor. For five of those years, he was the Chief Assistant Prosecutor of the Juvenile Division at the Hamilton County Prosecutor’s Office. As a prosecutor, Mr. Dziech handled all types of criminal cases, including murder cases in the adult and juvenile system. He was a member of the Gang Task Force at the Prosecutor’s Office and the Riot Action Task Force. He is known for his work on many cases, including the Takeya Bryant case, the murder of Takeya Bryant, an eight year old girl, by her 10 year old brother and 13 year old cousin. This case was a driving force in the implementation of new Ohio juvenile reforms, the Serious Youthful Offender Statute. He served as defense counsel in the State of Ohio v. Ryan Widmer. The Widmer case involved an individual who was accused of murdering his wife in a bathtub. It has become a national news story and object of interest. The Widmer case was profiled on Dateline. Mr. Dziech is a member of the Cincinnati Bar Association, National College of DUI Defense, Ohio Association of Criminal Defense Attorneys, National Association of Criminal Defense Lawyers, Greater Cincinnati Criminal Defense Lawyers Association, Ohio State Bar Association, and is involved in numerous social and volunteer organizations.

Douglas Nicholas holds a B.S. in Social Psychology from the College of Mount St. Joseph (2000), and is a graduate of Chase College of Law, Northern Kentucky University (2004). Mr. Nicholas is a former Hamilton County Constable, former intern at the Hamilton County Prosecutor’s Office, and has handled cases from murder to misdemeanor criminal offenses. He is a member of the Cincinnati Bar Association, Ohio Association of Criminal Defense Lawyers, Greater Cincinnati Criminal Defense Lawyers, National Association of Criminal Defense Lawyers, Ohio State Bar.

Both Mr. Dziech and Mr. Nicholas are skilled and experienced in all aspects of criminal defense law. Their client centered practice will give you the prompt personal service that you deserve from an attorney, whose job it is to help you. The lawyers at the Farrish Law Firm are committed to the belief that clients come first and their interest should always be paramount. If you need experienced assistance in the criminal field, please call Robert W. Dziech, II, at (513) 260-6802, or Douglas Nicholas at (513) 503-2571.