6 Common OVI/DUI Defenses Used in Ohio
If the police arrest you for operating a vehicle while intoxicated, that does not automatically mean that you will face a conviction. A tailored defense strategy can help you fight for a more favorable outcome to your case. A person facing prosecution for OVI in Ohio may have various defenses they can raise against their charges. Here are some of the most common defenses used in OVI cases.
Defense #1: Improper Traffic Stop
A defendant may argue that the arresting officer lacked reasonable suspicion or probable cause to believe the defendant committed a traffic infraction or drove their vehicle while intoxicated. Without reasonable suspicion or probable cause, the police cannot initiate a traffic stop; a defense that argues a lack of reasonable suspicion or probable cause may get all the evidence from the traffic stop, including field sobriety and chemical test results, thrown out of the case.
Defense #2: Inaccurate Field Sobriety Tests
Police officers may ask drivers to perform field sobriety tests to confirm their suspicions of intoxicated driving. Although courts recognize three major field sobriety tests – the Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand tests – as generally reliable, various factors can call the results of field sobriety tests into question, such as the arresting officer’s lack of training in administering the tests, environmental conditions like bad weather or uneven ground, or a defendant’s health conditions like arthritis or inner ear problems.
Defense #3: Inaccurate Breathalyzer or Blood Test Results
Defendants may seek to challenge the admissibility or reliability of breath or blood chemical test results by highlighting issues such as the lack of calibration of testing equipment, the police’s failure to follow testing protocols, contamination of blood or urine samples, or the unlawful procurement of a defendant’s blood sample.
Defense #4: Rising Blood Alcohol Concentration
A defendant may assert a “rising blood alcohol concentration defense,” which argues that the defendant had a blood alcohol concentration (BAC) below the legal limit when the police stopped and arrested them, but the alcohol they had recently consumed continued to raise the defendant’s BAC, causing it to rise above the legal limit when the police finally tested the defendant. The rate at which alcohol can increase a person’s BAC can depend on various factors such as gender, body mass, and general health.
Defense #5: Medical Conditions or Medications
Various medical conditions can cause symptoms that may make a person appear intoxicated, such as a blood sugar spike or insulin imbalance caused by diabetes, or excessive burping caused by acid reflux or GERD. Other medical conditions can cause false positives on breathalyzers, such as diabetes or ketosis. Finally, rare medical conditions such as auto-brewery syndrome can cause a person to have a detectable BAC even though they have not consumed alcohol.
Defense #6: Violation of the Defendant’s Rights
Finally, a defendant may seek to exclude evidence from the prosecution’s case supporting OVI charges by arguing that the police violated the defendant’s rights, such as by conducting an unlawful search without a warrant or probable cause or eliciting incriminating statements from the defendant without advising them of their rights. When police obtain evidence by violating a defendant’s rights, the court may apply the exclusionary rule to exclude the evidence and any other evidence obtained as the fruit of unlawfully procured evidence as a sanction against the police.
Contact an OVI Defense Lawyer Today
If you’ve been arrested for OVI in Ohio, hiring experienced legal counsel can help you protect your rights, reputation, and future. Contact The Law Offices of Saia, Marrocco & Jensen Inc. for a free, confidential consultation with an OVI defense attorney to discuss potential defenses you might pursue in your prosecution to help you secure a favorable resolution to your charges.