Can You Beat Ohio OVI Charges?
Facing OVI charges in Ohio is scary and stressful.
These charges are serious, with consequences that can include heavy fines, loss of driving privileges, and even jail time. (You can read more about potential penalties in our previous blog post.)
What can you do? Is it possible to beat OVI charges in Ohio?
While beating your charges is never guaranteed, there are a few ways to fight your charges and minimize or avoid the penalties of an OVI conviction. Keep reading to learn how.
How to Fight Your Charges
In order to beat your OVI charges, you need to challenge the evidence presented against you. There might have been problems with the traffic stop, the field sobriety tests, the blood alcohol or breath test, or police testimony in your case.
For example, there might have been problems with law enforcement conduct, like the following:
- The police officer who arrested you did not have a lawful basis for the traffic stop.
- The arresting officer didn’t read you the implied consent warning before completing the BAC.
- Documents weren’t completed properly.
- The arresting officer didn’t read you the Miranda rights upon arrest, but is using your statements against you.
Also, there might have been issues with the field sobriety tests or BAC test:
- Your performance on the field sobriety tests (FSTs) was affected by a medical condition.
- The police officer didn’t give you proper instructions to complete the FSTs.
- Your performance on the FSTs was affected by road or weather conditions (like uneven or slippery pavement)
- The field sobriety tests weren’t given under proper procedure, making them unreliable.
- The BAC wasn’t administered in a timely manner after the alleged violation.
- The breath test results aren’t valid due to malfunctioning or unscientific equipment.
- An unqualified individual administered the breath test, making the results unreliable.
- Proper procedure wasn’t followed when administering the breath test, making the results invalid.
- Alcohol or drugs were used between the time of the violation and the time of the BAC test, making the results unreliable.
Finally, there might be an alternate explanation for your driving, like being drowsy or on legal, prescription medication, or having a medical condition.
Depending on the unique circumstances of your case, you may be able to beat your charges and minimize the penalties you face by:
- Dismissing your charges entirely
- Lessening the charges (for example, from OVI to reckless driving) or the penalties against you
- Receiving a “not guilty” verdict at trial
Your charges might be dismissed, meaning that the court disposes of the charges. You aren’t found guilty or not guilty; the charges are dropped.
You might be offered a plea bargain by the prosecutor. Plea bargains involve dropping some of the charges against you or reducing them to something less serious, in exchange for a guilty or no contest plea. Or the plea bargain might reduce your sentence and penalties. (You can learn more about plea bargains here.)
However, if the charges are not dismissed and you do not accept a plea bargain, you may be able to beat your charges by receiving a “not guilty” verdict at trial.
It’s important to note that these outcomes aren’t guaranteed. Also, whether or not you are offered a plea bargain, or whether or not it is wise to go to trial, depends on the evidence and circumstances of your case.
Why You Need an OVI Lawyer
To increase your odds of success, it’s key to have a skilled and experienced OVI attorney on your side. A good attorney knows the ins and outs of the legal system and will have experience with OVI cases much like yours—experience they will put to work for you.
If you tested over the legal limit for blood alcohol content (BAC) or refused to take the test, your license is automatically suspended. Your attorney will petition the court to restore your driving privileges. That way, your life isn’t upended!
Next, your attorney will work with you to shape a strong defense strategy based on a number of factors, which might include your BAC results, the arresting officer’s testimony, witness statements, and other important evidence. This strategy will be designed to achieve the best possible outcome in your case.
Finally, if you choose to go to court, your attorney will fight for a “not guilty” verdict.
We’ll Advocate for You
If you are facing an OVI charge, Casper & Casper can help you navigate the complex legal system. We’ll advocate fiercely for you, both before and during court proceedings.
Our expertise in OVI law allows us to develop a plan for your case that has a good chance of lessening the charges or penalties you face.
Contact the attorneys of Casper & Casper today for your consultation. We will listen to you and let you know your options.