How To Get OVI / DUI Charges Dismissed In Ohio

Facing an OVI (Operating a Vehicle under the Influence), often referred to as a DUI (Driving Under the Influence), charge in Ohio can feel overwhelming. The potential consequences, like license suspension, fines, and jail time, can significantly impact your life. Understanding your options can make all the difference during such a challenging time.

The experienced attorneys at Hiltner Trial Lawyers understand how you must be feeling after an OVI/DUI. We have a clear understanding of Ohio’s traffic laws and a proven track record of navigating these complicated situations. We are committed to thoroughly examining the details of your case and exploring every potential avenue for a favorable outcome.

Ohio’s OVI laws are multifaceted, with various factors influencing the charges and potential penalties. These factors can include:

• Your blood alcohol content (BAC)
• Whether this is a repeat offense
• Any aggravating circumstances involved

Law enforcement officers must adhere to specific procedures during an OVI/DUI traffic stop and subsequent arrest. Any deviation from these protocols could potentially impact the validity of the charges against you.

An OVI/DUI attorney can meticulously review the details of your arrest, ensuring that all legal procedures were followed correctly. This careful examination is often the first step in identifying potential grounds for a dismissal.

While every case is unique, several common legal arguments can be raised to seek a dismissal of OVI/DUI charges in Ohio. Having an experienced attorney who is well-versed in these areas is invaluable in building a strong defense.

• Unlawful Stop: For a traffic stop to be legal, law enforcement must have a reasonable suspicion that a traffic violation has occurred or that the driver is engaging in illegal activity. If the initial stop was conducted without reasonable suspicion, any evidence obtained afterward, including field sobriety tests and breathalyzer results, might be challenged.
• Improper Field Sobriety Tests: Standardized Field Sobriety Tests (SFSTs) must be administered and evaluated according to strict guidelines set by the National Highway Traffic Safety Administration (NHTSA). If the officer did not properly instruct or score the tests, or if environmental factors affected your performance, the results might be deemed unreliable.
• Issues with Breathalyzer or Blood Tests: The accuracy and reliability of breathalyzer and blood tests can be challenged. Breathalyzer machines must be properly calibrated and maintained, and the officer administering the test must be certified. Blood tests must be conducted following strict medical protocols. Any errors in calibration, maintenance, or the collection and handling of samples could lead to inaccurate results.
• Miranda Rights Violations: If you were subjected to custodial interrogation without being informed of your Miranda rights (the right to remain silent and the right to an attorney), any statements you made might be inadmissible in court.
• Lack of Probable Cause for Arrest: Following a traffic stop and investigation, law enforcement must have probable cause to believe that you were operating a vehicle under the influence before making an arrest. If the evidence gathered during the stop does not establish sufficient probable cause, the arrest itself might be unlawful, potentially leading to the suppression of evidence.
• Constitutional Rights Violations: Beyond Miranda, other constitutional rights, such as your right to due process, must be protected throughout the legal process. Any violation of these rights could form the basis for a motion to dismiss.

If you or someone you know is facing OVI/DUI charges in Ohio, time is of the essence. Contact Hiltner Trial Lawyers as soon as possible so we can begin investigating your case, protecting your rights, and exploring all available legal options, including the potential for dismissal. Remember, understanding your rights and seeking experienced legal counsel is the most important step you can take when facing these serious charges.