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Charles L. White Today
Michael Boske
122 Central Plaza North
Suite #1
Canton, OH 44702
Phone: (330) 455-6400
Website: Boske Law
Connect: DUI Lawyer Locator
About Attorney Michael Boske
For many people, the stress related to criminal charges, a divorce, or even a car accident can seem overwhelming. In these cases, you need an advocate who is willing to fight for your rights. You need an attorney who can help you to understand the legal process and explain your options.
I’m Michael Boske, a lawyer in Canton, Ohio. I represent clients in divorce, personal injury and criminal defense cases throughout Northeast Ohio.
Over the years, I have learned that your opponent in any case — whether it is a divorce, an auto accident or a felony DUI offense — has to know that your lawyer is willing to fight for you. If you hire a criminal defense lawyer who is known for always pleading cases out, you are not likely to receive a favorable plea bargain from the prosecutor. Similarly, an insurance company is much more likely to make a lowball offer in an auto accident case if your lawyer does not have a successful track record of trying cases in court.
During my 12 years as an attorney in Northeastern Ohio, I have handled thousands of cases. I am willing to be aggressive and try your case if that is what is necessary to protect your interests.
Drunk driving is called operating a motor vehicle while impaired, or OVI, in Ohio, although it is more commonly known as DUI or DWI. The penalties are very serious. For a first offense, you face a minimum of three days in jail, a fine of $300 to $1,000 and a driver’s license suspension of six months to three years. When you add the cost of paying high-risk insurance once your driver’s license is reinstated, a DUI/DWI conviction poses a significant hardship on your family.
I’m Michael Boske, a criminal defense lawyer in Canton, Ohio. I defend clients arrested for DUI/DWI/OVI throughout Northeastern Ohio. I offer a free initial consultation to discuss your drunk driving case and possible defenses.
My first approach in any drunk driving case is to conduct a thorough investigation of your stop and arrest. If the police did not have a legal reason for pulling you over or arresting you, it may be possible get the charges reduced or dismissed.
To convict you of drunk driving, the prosecutor must prove you were intoxicated, using the results of a field sobriety test or Breathalyzer test. I am one of the few DUI/DWI/OVI defense lawyers in Northeastern Ohio who is certified to conduct the standard field sobriety test. This helps me determine whether your sobriety test was properly administered. If you blow .08 or higher on a Breathalyzer test, those results may be challenged if the machine was not properly tested or calibrated.
Even if you are guilty of DUI/DWI/OVI and the state can prove it, a lawyer can help you negotiate the penalties. Since the driver’s license suspension can vary from six months to three years, the difference between a minimum and maximum sentence can make a big difference in your life. Some courts in Northeastern Ohio routinely give out sentences that are higher than the state minimum, even when the person charged has never been in legal trouble before. You should never plead guilty to any criminal offense unless you know what the consequences will be.
In Ohio, you can appeal your administrative driver’s license suspension with the Ohio Bureau of Motor Vehicles within five days of your DUI/DWI/OVI arrest. Defenses include whether the arrest was based on reasonable grounds and whether you were made aware of the consequences of refusing the test.
Canton OVI Lawyer
Michael Boske
COMMONLY ASKED QUESTIONS AND ANSWERS
- TYPE OF CASES OUR FIRM HANDLES:
I handle many types of cases to bench and jury trials including DUI, Criminal and Traffic.
- WE THINK YOU SHOULD HIRE US IF:
You want a lawyer who will personally handle your file and will be available for consultation afternoons, evenings and weekends. I will fairly evaluate your case and determine the most favorable course. I will not hesitate to go to trial on your case; that decision, however, will ultimately be yours.
- OUR FIRM IS NOT RIGHT FOR YOU IF:
You are looking for a lawyer who will only tell you what you want to hear. I will work with you to honestly assess the facts of the case.
- IF YOU WANT TO TELL OUR LAW FIRM
ABOUT YOUR SITUATION YOU SHOULD:
I personally communicate with you whenever possible. If I am in Court when you call, you can leave a message. I personally guarantee you will hear back from me in 24-hours, or less - most often, much less. My office phone is (330) 455-6400.
- THE TYPICAL COST TO GET US TO START WORKING ON YOUR CASE IS:
The cost varies depending on the allegation and facts of the case. A fee will be quoted at our initial consultation.
- OUR CLIENTS WILL TELL YOU THAT:
My level of experience, knowledge of the law, and personal familiarity with the judges, prosecutors, and system is a great advantage. In addition my personal and regular contact with clients, availability and involvement with every aspect of the case bring the most favorable results.
- OUR PHILOSOPHY ON HOW WE APPROACH OUR CASES IS:
Depending on the type of case I like to find out as much as I can about the facts of the case and talk to anyone who can help our defense. At that time we can discuss our options. The stronger our defense appears to the prosecutor, the better our chances are of getting a favorable result.
- IF YOU WANT TO LEARN MORE ABOUT OUR FIRM YOU SHOULD:
During our free initial consultation I will answer any questions. Please call (330) 455-6400.
Ohio DUI Law Highlights: BAC Levels and Implied Consent (Table 1)
| State | "Per Se" BAC Level | "Zero Tolerance" BAC Level | Enhanced Penalty BAC Level | "Implied Consent" Law |
| Ohio | .08 | .02 | .17 | Yes |
DEFINITIONS:
"Per Se" Blood Alcohol Concentration (BAC) Level
As of August 2005, all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.
"Zero Tolerance" Blood Alcohol Concentration (BAC) Level
All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent.
"Enhanced Penalty" Blood Alcohol Concentration (BAC) Level
Many states impose harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above their state's enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions.
"Implied Consent" Laws
"Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year.
Ohio DUI Law Highlights: Selected Penalties (Table 2)
| State | Administrative License Suspension/Revocation (1st/2nd/3rd Offense) | Mandatory Alcohol Education and Treatment/Assessment | Vehicle Confiscation Possible? | Ignition Interlock Device Possible? |
| Ohio | 6m/ 1y/ 1y | Treatment/ Assessment - 3rd off. | 4th offense | Yes |
Note: Persons arrested for DUI will be subject to additional criminal law penalties not addressed here -- including jail time, fines, and community service. Such criminal penalties are typically more discretionary than those identified in this chart, and are therefore more difficult to accurately predict. Generally speaking, first-time DUI offenders can expect to incur a fine, and face the possibility of jail time. Repeat DUI offenders will incur harsher fines, and will almost certainly be sentenced to a number of days in jail. Penalties will be harsher still if the DUI offender was involved in an accident in which someone else was injured or killed.
DEFINITIONS:
Administrative License Suspension/Revocation
The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose BAC is above the state limit for intoxication, or drivers who refuse to submit to BAC testing. Administrative suspension or revocation of a driver's license is usually carried out by a state agency (such as a Department of Motor Vehicles), distinct from any criminal court penalties. Most states impose harsher penalties for second or third DUI offenses, typically defined as those that occur within five years of a prior DUI offense.
Note: the penalties identified here do not include variations for DUI offenders operating commercial vehicles, or drivers who have violated "zero tolerance" and "enhanced penalty" DUI laws (see Table 1). Most states recognize different sanctions for these types of DUI offenses.
Mandatory Alcohol Education and Assessment/Treatment
Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made "conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program. This chart indicates each state's utilization of alcohol education and treatment/assessment programs.
Vehicle Confiscation
Vehicle confiscation penalties allow a motor vehicle department or law enforcement agency to seize a DUI offender's vehicle, either permanently or for a set period of time. Such penalties typically apply only to repeat DUI offenders, and often the return of the vehicle requires payment of fines and significant administrative costs. This chart indicates each state's utilization of vehicle confiscation as a penalty for DUI.
Ignition Interlock
A vehicle ignition interlock breath-testing device measures a vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e. BAC level of .02). DUI offenders will usually be required to pay the costs of installation, rental, and maintenance of an ignition interlock device. This chart indicates each state's utilization of ignition interlock devices as a penalty for DUI.
