Cincinnati sees a lot of OVI charged, but getting a conviction is another story. An operating a vehicle while intoxicated charge may get dismissed for any number of reasons. We discuss some of them below, but your attorney can help determine if you stand a good chance at getting your OVI dismissed. That should be your priority since it protects you from possible jail, fines, and license suspension.
Cincinnati OVI attorney Brad Groene with Luftman, Heck & Associates defends drivers accused of OVI across the region. Let him investigate your case to fully understand the facts and odds of beating the case with an effective defense. This could result in your OVI being dismissed, a lighter sentence, or other improved circumstances.
1. Defective BAC Tests
Most OVI charges – DUI charges in other states – are based on tests showing your blood alcohol level – or BAC – was more than the legal limit of 0.08. Tests could be of your breath, blood, or urine. Before a test, you may be given a Roadside Field Sobriety Test to see if a more invasive test should be used.
No test is perfect, and equipment may be off. Results could be misinterpreted. The technician or officer may not be trained well or merely having a bad day.
If we can show the police officer wasn’t justified in using a test or the results aren’t reliable, that evidence may not be permitted. If so, the judge could dismiss the case. The prosecutor may also withdraw the charge because the test results were their crucial piece of evidence.
2. Invalid Traffic Stops
You were probably stopped and questioned by a police officer. It may have been an OVI roadblock, but it’s more likely you were pulled over after an officer saw you driving in a way that suggested you weren’t in control.
You have a constitutional right not to be subject to unreasonable searches. This means law enforcement must have probable cause to suspect you of illegal activity – not necessarily OVI – to pull you over. If you’re driving carefully, you shouldn’t be stopped.
If an officer doesn’t have any credible, objective evidence that would justify a traffic stop if it was just a hunch or suspicion, a motion to dismiss may invalidate that stop and any evidence gathered from it. In most OVI cases, if there’s not a good traffic stop, there’s no case.
3. Illegal Questioning
The Constitution protects you from saying things that can incriminate you and to have an attorney to advise you during questioning. Your Miranda warnings should be read to you if you’re in custody to prevent those rights from being violated.
Any statements you say in response to questioning in custody before these warnings are given can be excluded from evidence. A motion that takes that evidence out of the case may be enough to force its dismissal.
4. A Dismissal in Favor of Reduced Charges
If you agree to plead guilty to another, lesser charge other than OVI and accept the consequences, the OVI charge may be withdrawn. Depending on the circumstances, the prosecution may agree to reckless driving or some other charge. It’s a way for you to avoid the uncertainty of a trial, possibly lose your license, and move on quickly.
Our Cincinnati DUI Lawyers Can Help
If you’ve been arrested for an OVI anywhere in Cincinnati, you’re probably stressed, angry, and worried. Get control of the situation by calling the experienced Cincinnati DUI lawyers with Luftman, Heck & Associates, LLP. Attorney Brad Groene can talk to you about your options and the best way to possibly dismiss or reduce or the charges.