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 The SFSTs must be conducted within “substantial compliance” of the guidelines trained to the officers through the NHTSA manual. If the officers do not administer the tests correctly, they are no longer reliable indicators of impairment and can be suppressed as evidence in the case. Even if an officer administers a test correctly it is possible for him to score a subject incorrectly. If an officer scores an individual incorrectly it can call into question the credibility of the officer’s decision to arrest an individual based upon the officer’s assessment of their impairment.   

 A refusal to take a chemical test cannot be requested until an officer has sufficient evidence to believe you were operating a motor vehicle and that you are impaired. Additionally, the refusal can be challenged as evidence in a case if you were given improper information, too much information, or if your decision to refuse was based solely on your request to speak to an attorney. If an officer fails to establish the reason for the request for the chemical test, fails to properly make his request for a chemical test, or fails to show that you did refuse to take a test, the evidence of a refusal could be excluded.   

 It is possible to challenge a chemical test result in several ways. First the State will need to show that the test was obtained after getting consent or after a warrant was properly issued. Next the State will need to show that the sample was collected in both the appropriate manner and within the appropriate time frame. The State will have to show that the operator of the equipment was properly trained, certified, and actively permitted to conduct the test. The State will have to show that all the equipment used was in proper working order and that it has been calibrated according to current standards under the Ohio administrative code.  If any one of these conditions is not met the chemical test in your case could be excluded.  

  At trial the State would have to prove the elements of the charges against you beyond a reasonable doubt. With this high standard of proof, we can point out deficiencies in the State’s case through cross examination and presentation of our own evidence. Many times there are different explanations for what an officer reports to be impairment. People are often tired, injured, or nervous when stopped by Officers. A trial allows us the chance to show the jury other reasons to explain what happened on the night of your charges. We will vigorously represent you in court. Our team is well-prepared to argue your case, challenge the evidence, and advocate on your behalf in front of a judge and jury. 

 If you were arrested for OVI and asked to submit to a chemical test, but did not give a sample you can possibly be charged with an OVI Refusal charge. This charge can only occur if you have a prior conviction for OVI on your record within the last 20 years. If you do get arrested for OVI, have a prior conviction within 20 years, and refuse to consent to a chemical test you may get this additional charge. 

  In some cases, it may be in your best interest to negotiate a plea bargain to reduce the charges or penalties. We have experience working with Ohio prosecutors to achieve the most favorable terms possible. Through plea negotiations we work with the prosecutors to identify problems in the case that can cause the prosecutor to exercise their discretion to reduce a charge. It is important to note that only a prosecutor can choose to reduce a charge. When we talk to prosecutors, we can try to negotiate a non OVI traffic offense or negotiate the penalties that you could be facing.    

  Common OVI reductions include Physical Control of a Motor Vehicle and Reckless Operation of a Motor Vehicle. Both of these offenses can be used in plea negotiations and have different pros and cons to their desirability as a reduced charge.  These are the links to the Ohio Revised Code on Physical Control and Reckless Operation. 

 A license suspension is often a component of the punishment in OVI cases. These suspensions can be mandatory or part of a negotiated resolution on a reduction. The suspension length and the availability for privileges varies depending on your specific case. Sometimes driving privileges can be limited to locations, dates, times, or even require an ignition interlock device.   

 An ignition interlock device or IID is an attachment for your car that requires the driver of the vehicle to blow into it before a motor vehicle will start. These devices will alert the company monitoring it if there are positive tests for alcohol. It is important to know that these devices can sometimes register false positive tests for alcohol based upon a person’s ingestion or contact with everyday foods and items that don’t contain alcohol.   

 A Driver Intervention Program or DIP is a certified program that can be used as an alternative to the mandatory 3 days jail that is ordered on a first offense OVI. It can also be used as a penalty in negotiated reductions. These programs run for 72 hours consecutively and are typically held at a hotel. The programs will contain education, group discussions, and an alcohol or drug assessment. While attending these programs you cannot leave the location and must complete the required curriculum. 

 As your dedicated OVI defense attorney, we are committed to protecting your rights and minimizing the impact of OVI charges on your life. Our goal is to achieve the best possible outcome for your case. If you need expert legal representation for an OVI case, don't hesitate to contact us for a free consultation. We're here to guide you through this challenging process and work towards the best possible outcome.