Getting charged with an OVI (Operating a Vehicle under the Influence) in Ohio can feel overwhelming, especially if it’s your first time facing a situation like this. You may worry about what it means for your future, how it will impact your driving record, and if it will affect your job or personal life. Fortunately, there are ways to fight an OVI charge and protect your rights. With a clear understanding of Ohio’s OVI laws, the legal process, and some key defense strategies, you can take steps toward minimizing the consequences of this charge. Remember that each case is different, and working with a skilled attorney who knows Ohio’s OVI laws can increase your chances of getting a favorable outcome. At, Sabol & Mallory Law Firm , we are here to guide you through the legal process and help you navigate the complexities of your case.
Dan Sabol
Dan is the first attorney in Ohio to be both board certified in criminal trial law by the National Board of Trial Advocacy and be designated as a Lawyer Scientist by the American Chemical Society.
Chase Mallory
Chase Mallory is a firm founder whom has tried over 40 cases and conducted more than 100 suppression hearings. He is a founding member of the DUI Defense Lawyers Association
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Learn more about our teamUnderstanding What an OVI Charge Means in Ohio
In Ohio, an OVI charge means you are accused of operating a vehicle under the influence of alcohol, drugs, or a combination of both. This charge applies to driving any motorized vehicle, including cars, motorcycles, and even some watercraft. Ohio’s laws regarding OVI are strict, and penalties can be serious. For a first-time OVI offense, you might face penalties such as license suspension, fines, mandatory alcohol or drug education programs, and even jail time. These consequences can become more severe if certain factors are involved, like if you had a very high blood alcohol content (BAC) or if there was an accident.
Understanding what you’re up against can make it easier to face the charge and prepare a solid defense. When you receive an OVI charge, it doesn’t automatically mean you’re guilty. The state has to prove certain elements to secure a conviction, and the process involves strict guidelines that must be followed for the evidence to be valid. Knowing how these details work can give you a better idea of where to start in building your defense.
Common Steps Taken During an OVI Arrest
When you’re pulled over for a suspected OVI, the police officer may first observe your behavior, ask questions, and look for signs of impairment. This might include slurred speech, an odor of alcohol, or erratic driving patterns. If the officer suspects you are under the influence, they may ask you to take a field sobriety test or a breath test. Field sobriety tests include actions like walking in a straight line, balancing on one leg, or following a light with your eyes. These tests are used to assess coordination and attention, which can be affected by alcohol or drugs.
If you refuse these tests, Ohio’s implied consent law allows the officer to charge you with a refusal, which can lead to an automatic license suspension. However, even if you took the test and failed, that doesn’t mean the evidence is solid. Testing equipment, the testing process, and the officer’s actions are all subject to certain standards. If these standards aren’t met, the evidence might not hold up in court. Knowing the details of your arrest, including how tests were conducted and whether your rights were respected, can play a big role in building a defense.
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Learn what our clients have to say about the work of Sabol Mallory. If you have any questions or need legal help for a criminal charge, please reach out to us right away.
Chase Mallory is incredible. He is wonderful to work with and knows exactly what to do to help his clients. Thank you from the bottom of my heart for all you've done for me. I highly recommend hiring Chase to help fight your battles. Bless you!
- Erin R.
Dan Sabol is probably the best attorney I've ever worked with. Very professional and worked hard to get the best results possible. He will be the first person I call if I need a lawyer again. If you find yourself in a sticky situation make sure you give him a ring.
- Christopher R.
I had the pleasure of working with Dan and Chase and I am very grateful!! They did amazing work to help me on my case. They are very helpful and get back with you in a timely manner whenever I had questions for them, which was very nice and reassuring.
- Jessica H.
Challenging Field Sobriety Tests
One defense strategy against an OVI charge is to challenge the field sobriety tests. These tests aren’t always reliable and can be affected by factors other than alcohol. For example, physical conditions like inner ear issues, injuries, or even nerves can impact how well you perform on a balance test. Environmental factors, like uneven surfaces, poor lighting, or weather, can also make these tests difficult, even if you haven’t been drinking.
Additionally, field sobriety tests depend heavily on the officer’s observations, which can be subjective. If the officer didn’t follow proper procedures or made quick assumptions, the test results may not be valid. An experienced attorney can look at the details of the field sobriety test to determine if it was administered correctly and if any factors may have interfered with the results. Showing that these tests were flawed can sometimes weaken the case against you.
Questioning the Accuracy of Breath and Blood Tests
Breath and blood tests are often used in OVI cases to measure the level of alcohol in your system. However, these tests aren’t foolproof. Breathalyzers, for instance, need to be calibrated regularly to give accurate results. If the device used in your case wasn’t maintained or calibrated according to the manufacturer’s instructions, the results might be inaccurate. Similarly, blood samples need to be handled and stored properly to avoid contamination. Mishandling the sample can lead to inaccurate readings.
Medications, certain medical conditions, and even some foods can also influence breathalyzer results. For example, if you have acid reflux, alcohol from your stomach can affect the breath test. In some cases, showing that the breathalyzer or blood test results might not be reliable can cast doubt on the prosecution’s evidence. With the help of an attorney, you can examine how these tests were administered, handled, and interpreted to see if they can be challenged in court.
Defending Against an OVI Charge by Examining Police Conduct
Police officers are required to follow certain procedures when making an OVI arrest. This includes reading your Miranda rights, explaining why you’re being stopped, and conducting tests in a specific way. If the officer didn’t follow these steps, it might be grounds to question the validity of the evidence against you. For instance, if you weren’t informed of your rights, anything you said during the arrest might be inadmissible in court.
In some cases, officers might lack probable cause for the traffic stop in the first place. Ohio law requires officers to have a valid reason for pulling you over, such as a traffic violation or a noticeable issue with your driving. If there wasn’t a clear reason, your attorney might argue that the stop was unlawful, and any evidence collected should be dismissed. Examining how the arrest was carried out can be a key part of your defense and may reveal areas where the officer’s actions don’t align with the legal standards for an OVI arrest.
Considering Plea Bargains and Diversion Programs
In some cases, you may have the option of accepting a plea bargain. This involves pleading to a lesser offense, such as reckless operation, in exchange for a reduced sentence. Plea bargains can sometimes help you avoid more serious penalties and may allow you to keep your driving privileges or reduce the impact on your record. However, accepting a plea should be carefully considered with legal guidance because it does involve admitting to an offense.
Ohio also offers diversion programs in certain situations, especially for first-time offenders. A diversion program might include conditions like completing an alcohol education course, community service, or counseling. If you successfully complete the program, the charge could be dismissed. This option is not available for every OVI case, so you should discuss your eligibility with an attorney. Understanding these options can help you decide on the best course of action for your case, especially if you’re concerned about the long-term consequences of an OVI conviction.
The Importance of Legal Representation for Your First OVI
Facing an OVI charge can be intimidating, but you don’t have to handle it alone. Working with an attorney who understands Ohio’s OVI laws can make a significant difference in how your case is resolved. An attorney can help you examine the evidence, question the procedures used during the arrest, and explore possible defenses. Legal representation can also provide guidance on whether to fight the charge in court, negotiate a plea, or consider a diversion program. An attorney can identify the unique details of your case that could lead to a reduced sentence, dropped charges, or a more favorable outcome.
Your first OVI charge is a serious matter, but it doesn’t define your future. Taking a proactive approach to defend yourself can help minimize the consequences and put you in a stronger position to move forward. When you have a knowledgeable attorney on your side, you gain access to a wealth of legal options and advice that can be crucial to successfully handling the situation.
If you’re facing your first OVI charge in Ohio, taking the right steps to protect yourself is essential. The choices you make now can have a lasting impact on your future, and having the right guidance can make all the difference. At Sabol & Mallory Law Firm, we are committed to providing you with experienced and compassionate legal support. Our team understands the challenges that come with an OVI charge, and we’re here to help you explore your options, protect your rights, and work toward a positive outcome. Contact Sabol & Mallory Law Firm today to discuss your case and get the legal support you need to fight your OVI charge.