DUI Defenses: How You Can Beat Your DUI/OVI Charge

Dayton's DUI/OVI Attorney

WHAT ARE THE DEFENSES TO AN OVI OFFENSE?

1. The Defendant was not “operating”a “motor vehicle” on a “public highway.”

2. The Defendant was not “under the influence.”

3. The Police Officer improperly stopped the Defendant.
a. The Officers did not have an “article suspicion” legally sufficient to stop the defendant.
b. The stop was made pursuant to an unconstitutional roadblock.

4. The Police Officer improperly arrested Defendant.
a. The Officers lacked probable cause sufficient to justify an arrest.
b. The Defendant did not commit an illegal act in the presence of the officer.
c. The Officer lacked jurisdiction to make the arrest.
d. The arrest was the result of an unlawful home entry.
e. the arrest was the result of an unlawful search and seizure.
f. The Officer who made the arrest had not complied with the statutory police qualifications.

5. The Police Officer did not give the Defendant adequate warnings.
a. Miranda warnings
b. Warnings required by statute of limitations.

6. The Defendant has an affirmative defense.
a. Necessity
i. Injury or threat of injury to human or animal life
ii. The imminent danger of injury
iii. The danger required that the defendant drove to avoid the injury
b. Duress
i. The offense was committed to avoid serious injury or death
ii. No alternative existed to avoid the serious injury or death
iii. The harm avoided by the commission of the offense was greater than the harm produced by the defendant
iv. The defendant had a good faith belief that the commission of the offense was necessary to avoid serious injury or death
v. The defendant’s belief was reasonable under the circumstances
vi. The defendant did not create the situation that imposed the threat of serious injury or death.
c. Entrapment
d. Involuntary Intoxication
i. The defendant became intoxicated through force or threat of force

7. Defendant’s right to a speedy trial was violated.