The Goldberg Law Firm

Need an experienced lawyer, with a successful record at trial? Call us. 216-592-8719

We Get Results Because We Prepare for Trial
rated by super lawyers michael j. goldberg
av preemeinent rating by martindale-hubbel client champion silver 2024
“Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations.”

Getting a OVI charge dismissed

On Behalf of | Feb 23, 2023 | OVI Charges

Driving under the influence (DUI) is a serious offense with significant consequences. If you have been charged with a DUI in Ohio, you may wonder if it is possible to get the charges dismissed. The short answer is that it is possible, but it depends on the specific circumstances of your case.

What constitutes a DUI?

Before exploring the possibility of getting your DUI dismissed, it is essential to understand what a DUI charge entails. In most states, a person can be charged with a DUI if caught driving with a blood alcohol concentration (BAC) above the legal limit of 0.08%. However, other factors can result in a DUI charge, such as driving under the influence of drugs or alcohol or refusing to take a breathalyzer or blood test.

Common ways of getting charge dismissed

One of the most common ways to get a DUI charge dismissed is to challenge the evidence against you. This can include challenging the breathalyzer results or blood test to determine your BAC. These tests can be inaccurate or flawed for various reasons, and if you can show that the results were invalid, it may be possible to get the charges dismissed.

Another way to get a DUI charge dismissed is to challenge the legality of the traffic stop. For a police officer to stop you, they must have probable cause to believe you have violated the law. If you can show that the officer did not have probable cause, you may be able to get the charges dismissed.

Additionally, you might have a valid medical condition that can affect your BAC levels, such as GERD or diabetes. In that case, you may get your charges dismissed if you provide evidence of your condition.

Challenges of getting a DUI charge dismissed

It is important to note that getting a DUI charge dismissed is not an easy feat. It requires a thorough understanding of the legal system and the ability to navigate the complex laws surrounding DUI charges.

A DUI conviction can have serious consequences, including fines, license suspension and even jail time, so it is important to do everything possible to defend yourself against these charges. Getting the charge dismissed is possible but requires a thorough understanding of the legal system. If you have been charged with a DUI, it is crucial to take the charges seriously and seek the option with the highest probability of success for your situation.

Archives

FindLaw Network