Most Common OVI Defense Strategies in Ohio

Posted On: July 10th, 2018 by Bradley J. Groene
Handcuffs next to car keys and alcohol

If you are pulled over and arrested for operating a vehicle impaired (OVI), then you may have questions about what to do next. The situation can be stressful, and you are likely worried about losing your license, being able to drive to and from work or school, and preventing a criminal conviction from being on your record. You don’t have to deal with this situation alone.

Our skilled Cincinnati DUI lawyers at Luftman, Heck & Associates can help. We can develop OVI defense strategies that will protect your rights throughout the DUI court process. Call us at (513) 338-1890 to start building your defense today during a free legal consultation.

What Is an OVI?

An OVI is a common acronym used to describe operating a vehicle while impaired in Ohio. If you are charged with an OVI, you are accused of operating any vehicle while impaired by alcohol or other drugs. Over the counter medications and prescription drugs can also make you impaired and unable to drive.

Common OVI Defense Strategies in Ohio

After being arrested for an OVI in Ohio, you may not be sure how to handle the situation. By working with a Cincinnati DUI lawyer at Luftman, Heck & Associates, you can utilize OVI defense strategies to regain control of your life again. Some OVI defense strategies that may work for you include:

  • You were improperly stopped by the police. It is mandatory for a police officer to have “reasonable suspicion” that criminal activity is taking place to pull over or stop a car. They must be able to articulate specific things that caused them to believe you were operating a vehicle impaired.
  • The officer did not follow proper protocol when administering field sobriety tests. Many officers ask people they pull over to perform field sobriety tests (FSTs), such as the walk and turn test, one-leg stand test, and more. However, these tests are unreliable and can be invalidated easily.
  • You had a medical condition that impacted your FST or breathalyzer test. Many medical conditions can cause you to have indications of intoxication. For example, a neurological problem can cause you to have slurred speech or twitching eyes. Sinus problems or allergies can cause glassy or watery eyes. Even an alcohol smell on your breath can be caused by a diabetic condition called ketosis, which is also common when dieting. If you have medical conditions that could impact your appearance or DUI tests, this may be a strong defense strategy for you.
  • The officer improperly interrogated you or failed to give you a Miranda warning. While an officer may ask you questions before you are under arrest, you are free to leave during that time. However, an officer must inform you once you are officially being arrested. You must also be informed of your Miranda rights, which include the right to remain silent and the right to an attorney. If you are not given these notifications, your arrest and any information you provided the officer may be invalid in court.
  • The officer violated the rules of evidence and procedure. When collecting evidence, police officers and investigators must follow strict procedures. This keeps the evidence from being tainted. Anything collected at the scene of your arrest, including a breathalyzer test, bottles from your vehicle, or other items, must be collected correctly. If an officer fails to adhere to proper procedures, the evidence may be inadmissible in your case.

Contact a Cincinnati DUI Lawyer for Help After an Arrest

If you are arrested for an OVI, you deserve a strong defense strategy to protect your rights and help clear your record. Cincinnati DUI attorney Bradley Groene at Luftman, Heck & Associates has extensive experience working with clients who have been charged with an OVI. We will listen to your situation and develop an OVI defense strategy that is right for your case. Contact us today at (513) 338-1890 to find out more about how we can help you during a free case assessment.