Posted on Friday, November 15th, 2024 at 9:00 am
A DUI or OVI charge is a very serious matter and can have a detrimental impact on your life, finances, and relationships. After being arrested for operating a vehicle while under the influence, you may be concerned about what comes next and looking for solutions. One of the most common questions we get as OVI attorneys in Cincinnati is: what are the odds of getting a DUI dropped?
Can I Get a DUI Dismissed?
The answer is yes, you can get a DUI dismissed, although it is difficult to put an exact figure on the odds. According to data from the Ohio State Highway Patrol, police issued more than 15,000 OVI citations in a recent 12-month. However, many of these did not result in a conviction. It is generally unheard of for the state to drop an OVI case. That said, a skilled DUI lawyer may be able to argue your case and get your charges reduced or dismissed.
Reasons DUIs Get Dismissed
The main reason OVI cases get dismissed is a lack of evidence against the defendant. An OVI conviction requires the prosecution to prove that the defendant was, in fact, operating a vehicle while impaired. The defendant does not need to prove they are innocent – just that there is insufficient evidence to prove the prosecution’s charge.
As such, one of the main defenses against a DUI is to argue against or undermine the prosecution’s evidence. There are several ways your Cincinnati OVI attorney could do this:
Unlawful Stop
Police must stop cars for a legitimate reason, whether they pull them over on the road or at an OVI sobriety checkpoint. If the police stop your vehicle for an illegitimate reason, then the stop is unlawful. This means any evidence they gain during the stop might be inadmissible, even if the evidence is a failed breathalyzer or field sobriety test. Courts take citizens’ Fourth Amendment rights seriously, and arguing that the initial police stop was unlawful can be an effective strategy for dismissing an OVI.
Inaccurate Breathalyzer Results
The prosecution often refers to breathalyzer results as evidence that the defendant was driving drunk. However, breathalyzer results are not always accurate. The sensors can malfunction, and substances like tobacco, mouthwash, or certain medications can cause you to blow a false positive. A breathalyzer can also give an inaccurate result if the administering officer gives the test incorrectly. If your attorney can undermine the reliability of breathalyzer results, it could undermine a central piece of evidence against you.
Inadequate Field Sobriety Test
Police can ask drivers to perform field sobriety tests, but these tests are not necessarily suitable proof of driving drunk. Sobriety tests may be difficult for those with poor balance, and uneven footing on the side of the road can make them much more difficult to pass. It is possible to fail a field sobriety test even if you are absolutely sober. Your attorney could argue that the field sobriety test the police administered was inadequate and the results are therefore invalid.
Improper Police Conduct
Police have very strict rules about how they engage with and arrest suspects. It could jeopardize the prosecution’s case if they are too rough or otherwise violate your rights. For example, police must read your Miranda Rights when they arrest you. Otherwise, the prosecution might be unable to use any answer you give to their questions as evidence.
DUI Charge Reduction
In some cases, your attorney might be able to reduce your OVI charges to something less serious. For example, if your attorney can argue that you didn’t actually move your car while drinking, they may be able to argue for a lesser charge of physical control under Ohio law.
A physical control charge is a first-degree misdemeanor like an OVI, but the administrative and criminal penalties are less harsh. An attorney may also help you avoid jail time or help you retain some license privileges during a suspension.
Contact an Attorney for Legal Representation for OVIs in Cincinnati
Facing OVI charges is incredibly stressful, and a conviction can potentially damage your professional and personal life. The experienced Cincinnati OVI attorneys at Moermond & Mulligan, LLC can review your case to determine the best possible method of arguing for dismissal. We can also help mitigate or help you avoid DUI penalties, such as license suspension or jail time. This is why seeking legal counsel is always in your best interest after getting an OVI. Call us today at (513) 421-9790 or send a message online for a free case consultation with our attorneys.