Can a DUI Charge Be Dropped?

The potential consequences of a drunk driving conviction in Ohio include jail time, hefty fines, a driver’s license suspension, and more. Your attorney will fight for the best possible outcome in your case, but do the authorities ever drop DUI charges in Ohio? If so, how do you persuade them to do so in your own case?

Yes, the authorities can and sometimes do drop DUI charges in Ohio. However, convincing a prosecutor to drop a drunk driving charge requires help from an experienced DUI defense lawyer.

What Must Prosecutors Prove in Ohio DUI Cases?

The best way to convince a prosecutor to drop your DUI charge is to show them they have a weak case. So, what must prosecutors prove to convict you of DUI?

In Ohio, the official legal term for what people typically call DUI is “operating a vehicle under the influence of alcohol or drugs,” or “OVI.” There are two potential paths for prosecutors to convict you of OVI. The first is to show that you had any amount of alcohol or drugs in your system and that your ability to handle a car safely was compromised. This strategy can be risky for prosecutors, as it usually means they must rely on more subjective evidence, like an officer’s observations or eyewitness accounts.

The more common method for prosecutors to win an OVI conviction is to show that you had more alcohol or drugs in your system than the law allows. For example, the maximum blood alcohol concentration (BAC) allowed under Ohio law is 0.08 percent. If the police pull you over, test your blood or breath, and find that your BAC is 0.08 percent or higher, they might have enough evidence for a conviction. (There are separate limits for other illegal substances like cocaine, heroin, LSD, etc.) Prosecutors prefer this approach for OVI cases because it means they can rely on solid medical evidence.

How Do You Convince Prosecutors to Drop an OVI Charge?

Some strategies your OVI defense attorney might use to get prosecutors to drop your charges include:

• Challenge the Traffic Stop – Your lawyer may argue that the officer had no legal reason to pull you over. If the stop wasn’t valid, the entire case could be dismissed.
• Question the Field Sobriety Tests – If the officer didn’t give field sobriety tests properly or other factors affected your performance (like a medical condition or poor weather), your attorney can argue that the test results aren’t valid, undercutting the prosecution’s case.
• Dispute the Breath or Blood Test Results – Your lawyer can look for issues with the testing equipment, lab procedures, or the officer’s training. Inaccurate or unreliable results may lead prosecutors to drop your charge.
• Highlight a Lack of Evidence – If there’s not enough proof that you were impaired (a lack of physical evidence, for example), your attorney may argue that the case isn’t strong enough to move forward.
• Negotiate Based on Your Record – Your lawyer might convince the prosecutor to drop or reduce the charge or your penalties in exchange for completing a diversion program or taking other steps. This strategy is more viable if this is your first offense and you have a clean record.
• Expose Constitutional Violations – If the police or prosecutors violated your rights during the stop, arrest, or questioning, your attorney can use that as leverage to have the charge dismissed.

Contact Our Ohio OVI Defense Lawyers

At The Law Offices of Saia, Marrocco & Jensen Inc., we understand the potentially devastating consequences of an OVI conviction. We put our decades of combined experience and extensive knowledge of local courts to work to challenge the charges against you and fight to have them dismissed. We have an attorney standing by 24/7 to assist you, so call now or complete our contact form for a free consultation.