How Do I Get My Ohio OVI Dismissed?

Are you concerned about the potential consequences of an arrest and conviction for OVI? One way to avoid them is by securing a dismissal of the charged. An experienced criminal defense attorney can help you explore avenues for getting your Ohio OVI dismissed. 

Understanding OVI Charges in Ohio

Under Ohio’s OVI statute, a person commits an offense if they operate a vehicle while under the influence of alcohol or drugs or have a blood alcohol content of 0.08 percent or more or quantities of controlled substances that exceed the limits set by the statute. A person convicted of OVI can face various penalties depending on the number of prior OVI offenses a defendant has and the presence of aggravating factors in the defendant’s offense. Penalties in an OVI sentence can include jail time, fines, and a driver’s license suspension. As a result, getting OVI charges dismissed will become a top priority to avoid the possible consequences of an arrest or conviction.

Common Grounds for Dismissal

A driver arrested for OVI may have various defenses they can raise to move for a dismissal of an OVI charge. Common grounds for dismissal of charges include:

• Improper traffic stop: The arresting officer may have lacked reasonable suspicion to initiate or prolong a traffic stop that led to an OVI arrest, or the police department may have used improper vehicle selection procedures.
• Unreliable field sobriety testing: Defendants can challenge the reliability of the arresting officer’s field sobriety testing by highlighting the officer’s lack of training with FSTs or environmental or medical factors that could have affected the test.
• Unreliable chemical testing: A defendant may highlight issues that could have affected breath/blood/urine testing, such as the failure to calibrate testing equipment or officers’ failure to follow testing procedures.
• Insufficiency of evidence: A defendant could argue that the prosecution’s case lacks sufficient evidence to support an OVI conviction, such as when the state has no evidence that the defendant operated a motor vehicle.

Ways to Improve Your Chances of Dismissal

You can give yourself the best chance of obtaining a dismissal of your OVI charges by following best practices that include:

• Challenging the prosecution’s case to exclude unreliable, inadmissible, or unlawfully obtained evidence and statements
• Negotiating with prosecutors to highlight the weaknesses in their case and convince them to drop the charges
• Attending the administrative license suspension hearing to take every opportunity to contest the state’s evidence
• Hiring a seasoned OVI defense lawyer who can help you build a compelling defense to secure a voluntary dismissal of an OVI charge or succeed on a motion to dismiss

Contact an OVI Defense Attorney Today

If you’re being prosecuted for OVI in Ohio, the facts of your case may give you grounds to seek dismissal of your charges. Contact DiCaudo, Pitchford & Yoder today for a free, confidential consultation with our OVI defense team to discuss your options for a favorable resolution to your charges.