Facing an OVI (Operating a Vehicle Impaired) charge in Ohio can be one of the most overwhelming experiences for any driver. The potential consequences—like fines, license suspension, or even jail time—can disrupt your personal and professional life. However, being charged with OVI in Ohio does not guarantee a conviction. There are several defenses that may apply to your case, and understanding them is critical to achieving the best possible outcome.
With the help of an experienced Ohio OVI attorney and the right legal strategy, you can challenge the charges against you. Take a look at the 10 common defenses to an Ohio OVI charge to help guide you through this difficult process.
1. Improper Traffic Stop
In Ohio, law enforcement must have a valid reason to pull you over, such as speeding, swerving, or running a stop sign. Without probable cause, any evidence gathered during the stop could be inadmissible in court. If your attorney can prove the traffic stop was unjustified, your case may be dismissed.
2. Faulty Field Sobriety Tests (FSTs)
Field Sobriety Tests, like walking a straight line or standing on one leg, are often unreliable. Poor weather, uneven Ohio roadways, medical issues, or even anxiety can unfairly influence your performance. Your attorney can challenge the validity of these subjective tests in court.
3. Improper Use or Maintenance of a Breathalyzer
Ohio law requires Breathalyzer devices to be properly calibrated and administered by trained officers. If the device wasn’t maintained correctly or the officer didn’t follow legal procedures, the test results may be inaccurate. This could provide a strong defense against the charges.
4. Rising Blood Alcohol Levels
Alcohol absorption takes time, and your Blood Alcohol Concentration (BAC) might have been under the legal limit while driving but increased by the time you were tested. This “rising BAC” argument could call the timing and accuracy of your test into question, especially in Ohio OVI cases involving delays between traffic stops and testing.
5. Medical Conditions or Medications
Certain medical conditions, such as diabetes, GERD, or ketoacidosis, may lead to false Breathalyzer readings. Additionally, some medications can mimic signs of impairment. If this applies to you, medical records and expert testimony can be used to build your defense.
6. Improper Police Procedures
Ohio police officers must follow strict protocols during OVI stops, tests, and arrests. Any procedural misstep—like failing to read your Miranda rights or mishandling evidence—can significantly weaken the prosecution's case and may lead to a dismissal.
7. Lack of Evidence
Ohio prosecutors must prove beyond a reasonable doubt that you were driving under the influence. If evidence, such as dashcam footage or witness testimony, is incomplete or unclear, the case against you may not hold up. A skilled defense attorney can analyze whether the prosecution has enough credible evidence.
8. Challenging BAC Test Timing
The timing of your BAC test is critical in Ohio OVI cases. If there’s a delay between your stop and the test, the results might not accurately reflect your BAC while driving. Your attorney can challenge the reliability of delayed test results.
9. Improper Chain of Custody
Blood and urine samples must be carefully tracked and stored to avoid contamination. If there are gaps in the chain of custody or improper handling, this evidence may be excluded. This is a common defense in Ohio OVI cases involving blood alcohol testing.
10. Alternative Explanations for Behavior
Driving behavior or physical signs like red eyes or slurred speech may have explanations unrelated to alcohol, such as fatigue, stress, or illness. Your attorney can present alternative explanations to challenge law enforcement’s assumptions about your condition at the time of the stop.
Why You Need an Experienced Ohio OVI Attorney
Every OVI case in Ohio is unique, and the best defense will depend on the specifics of your arrest. Exploring these potential defenses is just the starting point. A skilled Ohio OVI attorney can evaluate your case, identify weaknesses in the prosecution's evidence, and craft a strategy tailored to your situation.
Here at Law Office of Damian A. Billak, we understand how stressful an OVI charge can be, especially with Ohio’s tough OVI laws. But you don’t have to face it alone. With years of experience defending Ohio residents, we’re dedicated to protecting your rights, holding law enforcement accountable, and fighting for your future.
Contact us today at (330) 862-8582 for a free consultation. Together, we’ll review your case, explore all your legal options, and work tirelessly for the best possible outcome.