Have you ever had a drink and felt that it affected you more than usual?
Many factors impact alcohol tolerance and blood alcohol content, such as weight, metabolism, and food consumed while drinking.
Unfortunately, this means that you may drive after drinking without knowing your abilities are impaired.
In Ohio, this is known as operating a vehicle under the influence, or OVI.
An OVI also can apply to drivers using a prescription, over-the-counter, or illegal drugs.
An OVI conviction can bring harsh penalties, including time in jail, fines, and a license suspension.
Your freedom is on the line, so you need to learn how to get out of an OVI in Ohio. For skilled legal representation, you must contact an experienced OVI defense attorney to assist you with this charge.
Call the experienced attorneys at Gounaris Abboud, LPA, for immediate assistance or continue reading for more information on how to beat an OVI charge.
Is it Possible to Beat My OVI Charge?
Ohio criminal defense attorneys use every legal strategy available to help you get your OVI charge dismissed. Whether you can achieve a dismissal of your charge depends on the specifics of your case.
Call a skilled criminal defense attorney for advice on possible legal defenses to your OVI charge.
HOW TO GET OUT OF AN OVI IN OHIO FAQ
How to Beat an OVI Charge
A criminal defense attorney will discuss the specifics of your case with you and advise you on your best legal defense. Here are some legal defenses that may apply to your case.
HOW TO GET OUT OF AN OVI IN OHIO FAQ
Illegal Search or Seizure
If the officer had no reason to pull you over or search your car, this could be a Fourth Amendment violation. The Fourth Amendment to the US Constitution protects you from unreasonable searches and seizures.
If your attorney can prove that you were illegally stopped, the court may exclude all evidence the police obtained from your traffic stop.
HOW TO GET OUT OF AN OVI IN OHIO FAQ
Illegal Questioning
If the officer inappropriately questioned you, your answers to the officer’s questions may be excluded. You have a Fifth Amendment right against self-incrimination and a Sixth Amendment right to an attorney.
If you are taken into custody, these rights are supposed to be read to you in a Miranda warning, informing you of your right to remain silent and right to an attorney.
If the officer neglected to recite a Miranda warning before questioning you, the court might be forced to exclude your statements.
HOW TO GET OUT OF AN OVI IN OHIO FAQ
Inaccurate Field Sobriety Test Results
Law enforcement officers will conduct roadside field sobriety tests (FST’s) where your alertness, dexterity and responsiveness will be tested.
These results will be used against you in court to try to prove your level of impairment has been impacted. The tests are subjective and must be reviewed by a skilled criminal defense attorney in order to protect your rights.
The law firm of Gounaris Abboud will request the court issue an order preserving all video evidence in order to help you defeat an OVI charge.
HOW TO GET OUT OF AN OVI IN OHIO FAQ
Inaccurate Test Results
The breathalyzer test and blood alcohol tests that police administer may be inaccurate. If breathalyzer equipment is not properly calibrated or administered, it may not provide valid results.
Blood tests also must be conducted appropriately to provide admissible evidence.
HOW TO GET OUT OF AN OVI IN OHIO FAQ
Plea Bargain an OVI Charge
If none of these defenses provide a way to get your charge dismissed, you can attempt to plea bargain. A plea bargain can reduce your charge or reduce your penalties.
Your criminal defense attorney can negotiate with prosecutors to request a plea bargain. Your attorney will attempt to reduce your penalties as much as possible under the law.
To achieve a plea bargain, you may need to plead guilty to a traffic offense like reckless operation, which is a lesser charge than an OVI.
HOW TO GET OUT OF AN OVI IN OHIO FAQ
How an OVI Attorney Can Help
When you face an OVI, you may not know what to do. You must seek legal advice because an OVI conviction has consequences. Not only does it carry potential jail time and fines, but the charge goes on your criminal record.
This charge can impact your housing and employment opportunities, and an OVI cannot be expunged from your record. A skilled criminal defense attorney can evaluate your case and strive to prepare your best legal defense.
Your attorney will attempt to get your charges dismissed. If that is not possible, your attorney will negotiate with the prosecution in an attempt to get your charges reduced.
An OVI charge is not something you want to handle on your own. Your freedom and future are on the line, so you need an experienced OVI defense attorney.
Call the knowledgeable attorneys at Gounaris Abboud, LPA, at 937-222-1515, or contact us online. We have helped hundreds of clients get their OVI charges reduced or dismissed.
When we meet for a free consultation, we can advise you of your best legal strategy. Give us a call today to start your OVI defense.
Nicholas Gounaris
Nick Gounaris attended Miami University and received a Bachelor of Arts degree and then went on to attend
University of Dayton School of Law where he received his Juris Doctorate. In 2011, Mr. Gounaris was awarded a 10.0 “Superb” rating by Avvo, which is an attorney rating website recognized around the nation. He provides clients of the firm with competent legal representation and focuses his law practice in the areas of DUI Defense, Criminal Defense, Family Law Issues, Federal Criminal Law and Personal Injury cases.
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