Some potential ways to challenge your Ohio OVI case.
Below is a sample list of possible challenges in a DUI case. Remember, however, that each case is unique. Your attorney will establish which of the many challenges below apply to you after a careful review of the facts and circumstances surrounding your particular case. Motions To Dismiss (generally):
- Officer did not have a valid reason to pull you over
- Initial stop was made as a result of uncorroborated information supplied by an unreliable civilian witness
- Officer did not have enough probable cause to detain and/or arrest you.
- Prosecution cannot establish the required element that you were the driver of the vehicle or that you were in actual physical control
- Violation of right to counsel
- Officer interfered or did not make a reasonable effort to provide you with the right to obtain an independent blood test.
- Prosecutor did not timely file - Statute of limitations expired
- Defective charging document
- Facts are insufficient to support a finding of guilt beyond a reasonable doubt of all elements
Motions to Suppress Evidence (generally):
- Suppression of statements for violation of 5th Amendment Miranda rights
- Supression of field sobriety exercises for failure to obtain voluntary consent (coercion)
- Suppression of refusal to submit to field sobriety tests
- Suppression of the results of the HGN test (eye test) as it was not administered by a certified drug recognition expert
- Suppression of all evidence gathered after your right to counsel attached and the officer failed to advise you of that right
- Suppression of the evidentiary breath/blood/urine test on the grounds the officer failed to properly advise you of the implied consent warnings
- Suppression of the evidentiary breath/blood test on the grounds you expressed confusion regarding the implied consent warnings and the officer failed to clarify those warnings (Confusion doctrine)
- Suppression of the evidentiary breath/blood/urine test on the failure of the officer interfering with your right to obtain an independent blood test
Ohio DUI Breath Test Challenges:
-The breath test was improperly administered
-The breath test operator was not certified
-The machine was broken or malfunctioning
-The 20 minute observation period was not adhered to
-Human factors interfered
-You had something in your mouth prior to or during testing
-Failure to conduct another observation period after an invalid sample
-Radio frequency interference
-Elevated body temperature produced invalid results
-The presence of acetone skewed the results (such as if you are a diabetic)
-Failure to provide maitnenance documents (discovery violation)
Ohio Blood Test Challenges:
- The sample was not withdrawn by a person qualified to do so under the Ohio OVI statute
- The officer used unreasonable means to obtain a sample
- Proper blood draw procedures were not followed
- Defects in the chain of custody
- Tainted or contaminated sample
- Failure to properly preserve or store sample
- The prosecutor cannot prove that the sample of blood is yours Ohio Urine Challenges:
- The sample was not collected, stored, or analyzed properly under the required procedures
- The prosecution cannot prove the sample is yours
- The sample cannot detect the specific drug that is present in your system
Warning:
After an Ohio OVI arrest, a hearing to determine whether your suspension should be upheld or overturned will be held within
5 days
of your arrest.
There are many reasons why your license could be saved, so it makes sense to contact an Ohio DUI lawyer in your county immediately for a free initial consultation and to protect your important rights.
