Many people are cited for driving under the influence in Ohio and do not think they have any defense against the charges, but the truth is there is nothing automatic about a conviction until the state proves the case. All OVI defendants should have “adequate” legal counsel, and many times what is adequate can be questionable with a public defender. However, defendants should also at least take the time to let the process play out and evaluate the evidence because some cases may be dismissed when all material evidence is evaluated.
Search procedure problems
Police officers are often focused on making an arrest when conducting a OVI investigation, including violating search and seizure protocol. Not only must field sobriety tests be performed according to acceptable standards, but conducting a search without probable cause or permission can also result in an unlawful arrest.
Faulty BAC measurement device
All charges for drunk driving regarding alcohol use must be accompanied with a blood-alcohol measurement recorded using an approved mechanical device. These alcohol measurement machines must be in proper working order and also be calibrated on a regular basis. Evidence gathered from faulty measurement devices is not admissible as criminal case evidence in Ohio.
Inaccurate officer testimony
Police officer testimony is always accepted by the court unless it is contested in a criminal trial. Defendants who want to fight their charges are very limited in what the court will allow with respect to questioning officers, and public defenders will even assist the court in this manner if they refuse to cross-examine. Officer testimony can often be found inaccurate in strongly contested OVI cases.
All OVI defendants should realize that a conviction on impaired driving charges can have a major impact on life going forward for many years. Additionally, there will be a drivers license suspension of some period following a conviction. This can be very substantial for those convicted on multiple OVI charges.
