OVI Defenses in Ohio: How These Cases Are Won
The defense stage of our guide to the OVI court process.
Yes, an OVI can be defended, and often the most important decision you can make is hiring the right defense attorney. An OVI case has many moving parts, and a problem with any one of them, the stop, the field sobriety tests, the arrest, or the chemical test, can lead to a reduction or a dismissal. This page is an overview of the main categories of OVI defense in Ohio, each of which has its own detailed guide. Call (937) 318-1384 for a free consultation.
The Traffic Stop
Almost every OVI begins with a traffic stop, and to stop you an officer must have a reasonable and articulable suspicion. If there was no valid reason for the stop, it is illegal and may lead to the suppression of everything that followed.
The Field Sobriety Tests
Field sobriety tests are compromised when an officer gives faulty instructions, holds you to impossible standards, or misinterprets what he or she sees. If the officer fails to substantially comply with the NHTSA guidelines, the results may not be admissible. Reviewing the video often shows whether you actually “failed” or the officer made a mistake.
Probable Cause for the Arrest
An arrest must be supported by probable cause. If the officer made the arrest before probable cause existed, evidence obtained afterward may be inadmissible.
The Chemical or Breath Test
Breath, blood, and urine tests must be lawfully obtained and scientifically reliable. Was the machine in proper working order? Were the required regulations and the Ohio Administrative Code followed? Were the maintenance and calibration records properly kept? Any of these can undermine a test result.
Officer Procedures Before Testing
Before a chemical test, the officer must satisfy specific requirements, including a 20-minute observation period, giving the test within three hours of operation, keeping the testing area free from radio-frequency interference, and properly advising you of the consequences of taking or refusing the test. Failures here can render a test result, or a refusal, inadmissible.
Discovery and the Video
Your attorney cannot defend against an issue he does not know exists. That is why we submit a comprehensive discovery request in every case and put the agency on notice to preserve the dashboard and booking videos before they are destroyed, videos that often contradict an officer’s allegations.
Why the Right Attorney Matters
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. An OVI is one of the most complicated and technical cases that come before a court, and it takes years of experience and training to know where to look.
Why Trust Charles M. Rowland II
Charles M. Rowland II limits his practice exclusively to OVI/DUI defense and has earned some of the most respected credentials in the field. He completed the same NHTSA standardized field sobriety testing course that police officers attend and became an instructor, and in 2007 he was the first private attorney in Ohio certified on the Intoxilyzer 8000 breath-testing machine. He has been a “Super Lawyer” since 2013, appears in Time and Car & Driver Magazine for OVI defense, and taught OVI trial practice at the Greene County Peace Officer Training Academy for over fifteen years. He is a member of the Dayton, Greene County, Clark County, Ohio State, and American Bar Associations.
Frequently Asked Questions about OVI defenses Ohio
Can an OVI be dismissed in Ohio?
Yes, depending on the facts. If the stop, the arrest, or the testing was flawed, a motion to suppress can lead to a dismissal or a reduction of the charge. Some end in a physical control reduction.
What are the most common OVI defenses in Ohio?
The main categories are challenging the legality of the stop, the administration and interpretation of the field sobriety tests, whether there was probable cause for the arrest, and the procedures and reliability of the breath or chemical test.
Is it worth fighting an OVI?
Often, yes. An OVI cannot be sealed or expunged in Ohio and carries mandatory penalties, so a reduction or dismissal has lasting value for your record, your license, and your insurance.
How do I know if I have a defense?
An experienced OVI attorney reviews the discovery and the video to identify issues. As Charlie puts it, if your attorney cannot recognize a defense, it is lost to you.
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 an honest review of your defenses.