As a DUI attorney practicing in Central Ohio, I use three main strategies to convince prosecutors and judges to dismiss a charge for the offense that state statutes call operating a vehicle while intoxicated (OVI):
- Challenging the way field sobriety tests were conducted and interpreted
- Challenging how breath, blood, and urine samples were collected and analyzed
- Negotiating a plea to a less-serious charge that carries a less-severe sentence
Avoiding a DUI charge once an Ohio law enforcement officer asks you to perform field sobriety tests is difficult in many scenarios. The officer can be predisposed to interpret any stumble, stammer, or errant eye movement as evidence you were drinking or using drugs before getting on the road. Ironically, arguing that you were not can heighten the officer’s suspicion that you were.
Of course, if you, a friend, or a family member is experiencing an emergency in your car or at the place you were trying to reach, you are likely to answer a police officer’s questions in a confused manner and to have trouble doing things like perfectly walking a straight line heel-to-toe. Claiming that the emergency is why you committed a purported traffic violation that caught the officer’s attention or failed the field tests will do you little good. Continue reading
Expect to face severe criminal charges and a civil personal injury or wrongful death lawsuit if you get charged with inflicting injuries while driving under the influence of alcohol or drugs. All courts, law enforcement personnel, and insurance companies in Ohio take accusations of operating a vehicle while intoxicated (OVI) seriously and will strive to maximize penalties against a driver they believe to be at fault. Hiring a Columbus, Ohio, DUI lawyer when that happens is essential. Continue reading