7 Signs That a DUI Case Is Weak in Cincinnati, OH

Ohio punishes DUIs, or OVIs as state law calls them, harshly, so facing a DUI charge is a serious matter. A DUI conviction depends on the strength of the evidence against you, so the key to beating or reducing a charge is looking for weak spots in the prosecution’s case. An experienced criminal defense attorney can look for signs that a DUI case is weak to create an effective strategy that counters the prosecution.

1. Flawed Traffic Stop Procedures

An unlawful traffic stop is one of the most common signs that a DUI case is weak. Police cannot pull people over on a whim and must have a justifiable reason — they cannot pull you over due to a hunch, stereotype, or arbitrary selection.

If the police stopped your car without proper justification, it could significantly weaken the state’s case against you. You may be able to remove any evidence police might have gathered from an unlawful traffic stop, including field sobriety test results and blood alcohol content (BAC) test results.

The simple fact that the police pulled you over does not make it legal or constitutional. An attorney can examine the circumstances of your stop and arrest to see if the police pulled you over without the necessary justification.

2. Flawed Field Sobriety Tests

Many DUI convictions rely on field sobriety tests, so if the police don’t perform any tests or perform them incorrectly, their entire case could collapse. Police might not perform sobriety tests for several reasons:

• You sustained a serious injury in the accident.

• There was no safe space to conduct the test.

• Pre-existing conditions, such as neurological conditions, prevented you from completing the test.

Regardless of why they didn’t give you a test, the lack of a test is a serious detriment to the state’s case. Without a field test, the prosecution might not be able to prove you were driving drunk. Additionally, failing to administer a field sobriety test could count as police misconduct and throw the legitimacy of the arrest into question.

3. Inaccurate Breathalyzer Results

Police use breathalyzers to test BAC levels in the field, and the legal limit in most places is 0.08 percent for non-commercial drivers. Breathalyzer results are often a key piece of evidence the prosecution relies on to prove you were operating a vehicle under the influence.

However, breathalyzers are not infallible and can give inaccurate results. Results can be inaccurate due to device malfunction or operation error. Non-alcohol-related factors like breath mints, chewing tobacco, mouthwash, and certain medications can also cause breathalyzers to give the wrong reading.

Demonstrating unreliable breathalyzer results can undermine the prosecution’s entire case, so your attorney might point to concerns about breathalyzer operation, maintenance, or calibration to introduce reasonable doubt.

4. Lack of Consistent Witness Testimony

In some cases, the prosecution’s case will rest on eyewitness testimony from law enforcement and other relevant parties. Contradictions between witnesses significantly reduce their strength as evidence, so an attorney can look for inconsistencies in their testimonies.

For example, police might be inconsistent about the reasons for pulling over your car or inconsistent on the order of events during the arrest. Your attorney can also look for any video or photographic evidence of the scene that could call eyewitness testimony into doubt. Other car information, such as GPS data, may also contradict witness accounts.

If your attorney can show that individual police recollection is inaccurate, then they can question the reliability of the entire arresting incident and open a path to mount a solid defense.

5. Mishandled Blood Test

Blood tests are highly accurate for determining BAC levels but are not foolproof. Errors in blood collection or transportation can contaminate samples and result in inaccurate readings. If the police or lab mishandled your blood sample, you might be able to suppress related evidence in court.

Attorneys can draw attention to irregularities in the handling of blood evidence and tests or show that a technician performed the procedure incorrectly. Mistakes in testing equipment calibration or device malfunction can also produce inaccurate results. If your lawyer can find a mistake in the chain of blood testing procedure, it could provide an angle for a strong defense.

6. Mistakes in Police Procedure

Ohio citizens have rights, and the police must follow very specific procedures when arresting people. If the police violate your rights or don’t follow proper procedure, it could undermine the strength of their case against you and, in some cases, result in a case dismissal.

For example, police must read your Miranda rights when arresting you. If they do not, your answers to any questions they ask may be inadmissible in court. Similarly, police must inform you of your right to refuse tests during a DUI stop. Other errors in police procedure that could strengthen your defense include unnecessary use of police force, prolonged detentions, or deleting bodycam footage.

7. Not in Control of the Vehicle

An OVI in Ohio does not actually require you to be driving but only in control of the vehicle, meaning the car was in operable condition, and you could have operated it whenever you wanted. In most cases, this means that you had your keys on you and were inside the car.

If you were not actively driving your car and the police arrested you for an OVI, the prosecution might not have any proof that you were in control of your vehicle. Your attorney could argue that you did not have your keys on you or that the can was not in working condition.

DUI Defense Attorney in Cincinnati, OH

A DUI charge is a serious matter, so working with a lawyer experienced in creating robust DUI defense strategies is in your best interest. Moermond & Mulligan, LLC has been protecting the rights of citizens in Cincinnati, OH, for 30 years and has the skills and resources to fight on your side. Contact us online or call (513) 421-9790 today for a consultation with a DUI defense lawyer in Cincinnati, OH.

Related Posts

How Likely is Jail Time for a First DUI?

Can You Get Fired for a DUI After a Holiday Company Party?

Top Reasons People Get a DUI on Christmas and Winter Holidays