Columbus DUI & OVI Lawyers

How to Challenge a DUI/OVI Charge 

Defendants in these cases often feel like there is no hope, and they must simply accept any deal offered to them by the prosecutor's office. The reality is quite different. There are more defense options than most people realize to mount a defense against drunk driving. 

Understanding the implications of the charges is crucial. A conviction can lead to significant fines, loss of driving privileges, or even incarceration. Moreover, having a DUI or OVI on your record can impact future employment opportunities and insurance rates. Elevating your understanding of the legal processes involved and the defenses available can empower you to take control of your situation. Our lawyers will explore every possible defense, whether it's questioning the validity of the stop, the accuracy of the testing equipment, or the procedures followed by law enforcement. Our commitment is to provide you with a robust defense that maximizes your chances of a favorable outcome. 

Lack of Probable Cause in DUI Cases

Law enforcement officers are required to have a valid reason, known as probable cause, to initiate a traffic stop. This means they must observe a traffic violation or behavior that reasonably indicates the driver may be impaired, such as swerving, speeding, or running a red light. If an officer stops a vehicle without a justifiable reason, any evidence obtained during the stop, including breath, blood, or field sobriety tests, could be deemed inadmissible in court.

As part of your defense, we will scrutinize the details of the traffic stop, including the police report and any available dashcam or bodycam footage. We’ll look for inconsistencies in the officer’s account or evidence that contradicts the officer's stated reasons for the stop.

For instance, if the officer claims the driver was weaving between lanes, but the video footage shows the driver maintained a steady course, this discrepancy can undermine the prosecution's case. Additionally, if the stop was based on an anonymous tip without corroborative evidence of erratic driving, this can also be grounds for challenging the stop.

A successful challenge to probable cause may be able to result in the dismissal of the charges.

Challenging the Breath Test with an OVI Lawyer in Columbus

Breath tests are common tools used by law enforcement to measure a driver's BAC level at the time of a stop. However, these tests are not infallible and can be contested on various grounds. 

One key point of contention is the calibration and maintenance of the breathalyzer device. Ohio law requires these devices to undergo regular calibration and maintenance to ensure accurate results. If maintenance logs cannot confirm that the device was properly calibrated or maintained, any results it produced may be considered unreliable.

Another aspect to examine is the administration of the test itself. Officers must follow strict procedural guidelines when administering a breath test. Failure to adhere to these procedures can render the test results invalid. 

Certain medical conditions such as acid reflux, diabetes, or the presence of mouth alcohol from recent dental work can also skew breath test results. By presenting evidence of such conditions, it's possible we could cast doubt on the accuracy of the BAC reading. 

Our approach also includes reviewing the credentials of the officer administering the test, evaluating whether the test environment could have affected the results, and contemplating if external factors, like nearby substances that can mimic alcohol on breath sensors, were present. Validating the legality and reliability of the evidence is essential aspect of building a strong defense. 

Challenging the Blood Test with a Columbus DUI Attorney

Blood tests, often viewed as the most accurate method of determining BAC, can still be challenged on several fronts. The chain of custody is an important factor—it must be meticulously documented to ensure the sample was not tampered with or contaminated, from the moment it was drawn to the time it was analyzed. Any gaps or inconsistencies in this documentation can lead to questions about the integrity of the sample.

The procedure used to draw and analyze the blood sample must also comply with specific legal and medical standards. This includes ensuring that the person drawing the blood is qualified and that proper sterilization techniques are followed to avoid contamination. 

Moreover, the timing of the blood draw is crucial since alcohol levels can fluctuate over time. If there is a significant delay between the traffic stop and the blood draw, the results might not accurately reflect the driver's BAC at the time of driving. Laboratory errors can also be a point of contention. Mistakes in handling, storing, or testing the blood sample can lead to inaccurate results. Certain medical conditions, medications, or even dietary factors can also influence blood test results.