Defending against operating a vehicle under the influence charges in Ohio requires a comprehensive strategy.
Those facing OVI charges should consider several key defenses and procedures to potentially reduce or dismiss the allegations.
Understand the specifics of the charge
Individuals should start by working to fully understand the specifics of the charge. Ohio law defines OVI as operating a vehicle with a blood alcohol concentration of 0.08% or higher or while impaired by alcohol or drugs. Knowing the exact substance and alleged BAC levels can help tailor the defense.
Challenge the traffic stop
One defense strategy involves challenging the legality of the initial traffic stop. Officers must have a reasonable suspicion of a violation to justify stopping a vehicle. If an attorney can demonstrate that the traffic stop lacked a legitimate basis, it may lead to the suppression of any evidence gathered during the stop.
Look at the sobriety testing procedure
Another critical area for defense is the administration and accuracy of field sobriety tests and chemical tests. Defenders should question:
- Whether the officer had proper training to conduct field sobriety tests
- Whether the officer administered the tests correctly
- The calibration and maintenance records of any devices used for chemical testing.
Issues in any of these areas might affect the validity of the test results, which can weaken the prosecution’s case.
Explore plea options
Exploring plea options often benefits defendants, especially in cases where evidence against them is strong. Negotiating with prosecutors might result in reduced charges or penalties.
Use expert witnesses
Employing expert witnesses can provide a significant advantage in an OVI defense. They may include forensic toxicologists who can offer insights into the inaccuracies of BAC testing equipment or methods. Their testimony can cast doubt on the reliability of the evidence presented by the prosecution.
Prepare for trial
If a case goes to trial, thorough preparation is needed. This involves gathering all possible evidence, preparing witnesses for testimony and developing a strong legal argument. Effective cross-examination techniques to challenge the credibility of the prosecution’s witnesses are also needed.
Defending against an OVI charge in Ohio requires working with a team that clearly understands how to navigate the complexities of the law and effectively advocate on one’s behalf. With the right approach, a favorable outcome in an OVI case is possible.
