Defense Strategies for Repeat OVI Offenses in Ohio

Following an OVI arrest in Ohio, you may face enhanced penalties if you’re convicted as a repeat offender. As a result, pursuing a compelling defense can give you the best chance of obtaining an acquittal or dismissal of a second or subsequent OVI charge. Here are some common defense strategies used in OVI cases in Ohio.

Challenging the Traffic Stop

A defendant charged with OVI may seek to dismiss their case by challenging the lawfulness of the traffic stop; an unlawful traffic stop may result in excluding all the prosecution’s evidence obtained during and after the stop. Defendants can contest the legality of a traffic stop by arguing that police lacked facts to support reasonable suspicion or probable cause to believe that a driver had committed OVI or another traffic infraction or criminal offense.

Challenging the Reliability of Field Sobriety Testing

When a driver submits to field sobriety testing that leads to OVI charges, they may fight a prosecution by challenging the reliability of the field sobriety tests. Officers conduct field sobriety tests to observe signs of drug or alcohol intoxication in a driver. However, field sobriety testing has faced numerous criticisms against its reliability. Common arguments used to contest the reliability of field sobriety test results include:

• The officer lacked the training to administer the tests
• The officer failed to follow testing protocols
• Environmental conditions like uneven or wet ground affected the test
• The defendant has physical disabilities or medical conditions that affected their performance

Challenging the Reliability of Breath Tests

Defendants facing OVI charges also frequently challenge the reliability of breath tests administered by law enforcement following an arrest. Common issues that can affect the reliability of a breathalyzer test include:

• Officers failed to follow the appropriate testing protocols designed to ensure the accuracy of the test results
• Officers obtained an inadequate breath sample that affected the results
• The police department failed to calibrate the testing equipment properly
• The defendant has medical conditions that affected the test results

Chain of Custody Errors

In some cases, police may obtain a blood or urine sample from a driver to conduct chemical testing, particularly when officers suspect drug intoxication. However, breaks in the chain of custody of a driver’s blood or urine sample may give an OVI defendant a basis to challenge the reliability of chemical testing results.

Challenging the Validity of a Prior OVI Conviction

In some cases, a defendant may argue for overturning a prior OVI conviction due to procedural errors or due process violations that undermine the validity of the conviction. By overturning a prior OVI, a defendant may reduce the grading of their current charge and avoid enhanced penalties that come with subsequent convictions.

Contact an OVI Defense Attorney Today

If you were pulled over and arrested for OVI, you may have defenses you can raise against your charges. Let an experienced OVI defense lawyer advocate for your rights and interests. Contact DiCaudo, Pitchford & Yoder today for a free, confidential consultation with our team to discuss your legal options for protecting your rights, reputation, and future from a drunk or drugged driving conviction.