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Thomas Kollin

4 reasons to challenge a DUI/OVI charge in Ohio

On Behalf of | Jun 6, 2024 | DUI/OVI

No one wants or plans to be arrested for operating a vehicle under the influence (OVI) in Ohio, but it can happen to just about anyone. The situation is undeniably upsetting, so if you are in this position, try to stay calm and assess your options.

It’s essential to recognize that an impaired driving charge is not the same as a conviction. Below, we will explore four compelling reasons why challenging OVI/DUI charges can be crucial if you are facing an impaired driving charge.

1. Imperfect testing

Police officers typically use Breathalyzer and field sobriety tests to determine intoxication levels. However, these tests are not far from perfect. Factors like calibration errors, environmental conditions and individual variations can lead to inaccurate results. By challenging the reliability of these tests, you can cast doubt on the prosecution’s case.

2. Police procedure violations

Law enforcement officers must follow strict procedures during DUI arrests. Any deviation from these protocols can weaken the prosecution’s case. Whether it’s an improper stop, mishandling of evidence or failure to read Miranda rights, procedural errors can be powerful grounds for challenging charges.

3. Medical conditions and impairment

Certain health conditions, such as neurological disorders or diabetes, can mimic the signs of intoxication, including red eyes, slurred speech, confusion and loss of balance. Taking certain prescription medications can also confuse officers. By presenting evidence of these conditions, you can argue that your behavior was not solely due to drug or alcohol consumption.

4. Rising blood alcohol content (BAC)

The time between when police pull you over and when they test your BAC matters. Alcohol absorption rates vary, and your BAC could continue to rise after you’ve stopped drinking. If your BAC was below or near the legal limit when you were driving but rose by the time police tested you, challenging the timing could make a significant difference in your case.

Key takeaways

Remember that criminal charges are not the end of the road. Every person is presumed innocent until proven guilty. Defending against DUI charges can safeguard your criminal record, freedom and future opportunities.

In Ohio, challenging DUI/OVI charges is a critical step toward ensuring justice. You can seek legal counsel, explore the defenses available, and remember that you have the right to fight for your innocence.