The Motion to Suppress in an Ohio OVI Case
The pre-trial stage set out in our guide to the OVI court process.
A motion to suppress is one of the most powerful tools in an OVI defense. It asks the court to throw out evidence that was obtained in violation of Ohio law or your constitutional rights, and when key evidence is suppressed, the State’s case can fall apart. This page explains what a motion to suppress is, what it can challenge, and what happens at the hearing. Call (937) 318-1384 for a free consultation.
See the wider list of OVI defenses.
What Is a Motion to Suppress?
The first step in a proper defense is to evaluate the case and look for issues that may result in your OVI being reduced or dismissed. If your attorney cannot recognize a defense, it is lost to you. After discovery is complete, we look to see whether you would benefit from a motion to suppress. If appropriate, we file the motion to attack evidence obtained by the officer. These motions can take any number of tacks, but their essential purpose is to reduce the evidence that can be used against you. Motions to suppress are a vital component of the OVI attorney’s arsenal and can prove vital to winning your case.
Most suppression arguments start with the stop itself.
What a Motion to Suppress Can Challenge
A motion to suppress looks at every stage of the investigation. Among the questions we ask are whether the evidence shows the officer had a legitimate reason for stopping your vehicle, whether the officer gathered enough evidence to continue the detention after the stop, whether there was enough evidence to begin an OVI investigation and to ask you to step from the vehicle, whether the standardized field sobriety tests were articulated, administered, and evaluated correctly, whether probable cause existed to justify the arrest, whether the officer and department followed the proper regulations for a blood, breath, or urine test, whether the breath-testing machine was in proper working order, whether the test as administered is reliable, and whether the department properly maintained the documents required to show the test was properly administered.
Each of these areas has its own detailed analysis, from the traffic stop to the field sobriety tests to the chemical test, and any one of them can become the basis for suppressing evidence.
The Suppression Hearing
A motion to suppress hearing is held before trial. It is not in front of a jury; it is decided by the judge. Often the main question presented is whether the State has demonstrated that there was probable cause to believe you were impaired at the time of your arrest. Reviewing the cruiser and body-camera video is frequently decisive, because the video can show whether what the officer reported actually happened.
Why It Matters
If the court grants the motion and suppresses evidence, the State may be left without the proof it needs, which can lead to a dismissal or a favorable reduction. This is why a thorough review of discovery comes first, and why having an attorney who knows what to look for, and how to litigate it, makes such a difference. At DaytonDUI we have significant resources for this work, including access to expert witnesses and some of the best training materials on a wide range of OVI-related topics.
Why Trust Charles M. Rowland II
Charles M. Rowland II has established himself as a top OVI attorney in Ohio and the Dayton area and beyond. He lives by the motto, “Work hard, play by the rules, and never quit!” Preparation, dedication and perseverance are his touchstones. He will vigorously fight for you and will genuinely care about the outcome of your case. He wants the most favorable outcome including acquittals, dismissed charges, or advantageous reduced charges.
He has been recognized by his clients and his peers as a top OVI attorney. He has been a “Super Lawyer” since 2013, a Fellow to the Ohio State Bar Foundation, the Nations Top 1%, the National Trial Lawyers Top 100 for Criminal Defense, a Dayton Bar Association Foundation Fellow, and has appeared in Time and Car & Driver Magazine for OVI defense. He completed the same NHTSA standardized field sobriety testing course that police officers attend and later became an instructor. For over fifteen years he put on a mock motion-to-suppress trial for the Greene County Peace Officer Training Academy.
Charlie is a member of the Dayton Bar Association, the Dayton Bar Foundation (2022 Foundation Fellow), the Greene County Bar Association (past President), the Clark County Bar Association, the Ohio State Bar Association, the Ohio State Bar Foundation (2005 Foundation Fellow), the American Bar Association, and the American Bar Foundation.
Frequently Asked Questions about OVI motion to suppress
What is a motion to suppress in an OVI case?
It is a motion asking the court to exclude evidence obtained in violation of Ohio law or the Constitution. Its essential purpose is to reduce the evidence that can be used against you.
What can a motion to suppress challenge?
It can challenge the legality of the stop, whether the detention and OVI investigation were justified, how the field sobriety tests were administered and evaluated, whether there was probable cause for the arrest, and whether the chemical test complied with Ohio’s procedures and was reliable.
What happens at a suppression hearing?
The hearing is held before trial and is decided by the judge, not a jury. It often turns on whether the State can show probable cause, and the cruiser and body-camera video frequently plays a central role.
Can a motion to suppress get my OVI dismissed?
It can. If the court suppresses key evidence, the State may no longer be able to prove its case, which can result in a dismissal or a favorable reduction.
Free Consultation
If you have been charged with an OVI in the Dayton area, call Charles M. Rowland II at (937) 318-1384 for a free consultation and a review of whether a motion to suppress may help your case.