DUI – OVI

DUI – OVI: Driving Under the Influence

A DUI can be charged a number of ways:

• an officer gets a breath test, urine test, or blood test of .08 B.A.C. or greater
• where officer does NOT get test result but he does observe your behavior and he has cause to believe you operated a vehicle while under the influence of alcohol or drugs of abuse.

The DUI statute is very complex (Ohio Revised Code 4511.19), and anyone charged with a DUI is advised to seek the assistance of an experienced DUI lawyer.

Probable Cause to Stop:

Did the police have probable cause to stop your car?  This can be challenged by a Motion to Suppress the Evidence.  For example, if the police stopped you for speeding but the officer did not properly use his laser device, your DUI coupld be dismissed after a motion to suppress the evidence hearing. Depending on the facts of your case, a DUI attorney may be able to challenge the allegation of speeding and make an argument like the one found in Upper Arlington v. Limbert or Cincinnati v. Branch. If the police officer did not have proper reason for stopping your car, the the DUI case might be thrown out, or dismissed. An experienced DUI defense attorney may be able to present an argument like the one presented in State v. Bressler.

Should I take the breath test?
If you do not give a breath, urine or blood sample, the prosecution will likely have a more difficult time proving you are guilty. Therefore it is often a good idea to politely decline any request to provide such a sample, especially for a first-time offender. But do understand that when your refuse such request of the police officer, you can still recevive a driver’s suspension for such refusal. However, this suspension is often more preferable to a conviction for DUI. Always ask the officer for an opportunity to call an attorney. You should always make this request and you should be accommodated by the police officer. Also, when you are looking at a second conviction for DUI, remember the consequences of refusing the breath test are more severe. Each situation is different, so it is important to seek the counsel of a lawyer to examine your particular situation.

Dismiss the Breath Test?
It is possible to get the breath test dismissed by the judge. In many situations my office will file a motion to suppress the breath test. This is an argument made to the court that the officer failed to follow proper procedure and regulations when he obtained your breath test. We can ask the court to dismiss the field sobriety exercises for the same reason. Each sobriety test has to be conducted in a certain way, and if the police officer did not conduct the test properly, these tests can be suppressed.

Video Tapes
Each police department is different, but if you are pulled over by the Cincinnati Police Department, there is probably a video of your arrest from the police car. this video must be given to your attorney in the discovery process when it is requested. If the video is missing or lost, your attorney may be able to have the case dismissed by the judge, which occurred in State v. Anderson. Speak to your attorney about this issue.