Ohio’s laws regarding Operating a Vehicle under the Influence (OVI) are among the strictest in the United States, particularly when it comes to felony charges. An OVI becomes a felony in certain circumstances, such as when the individual has previous OVI convictions or if the offense involves serious injury or death. Facing a felony OVI charge can be daunting, with the potential for severe penalties, including lengthy prison sentences, substantial fines, and long-term consequences on one’s personal and professional life. However, it is crucial to remember that being charged does not automatically lead to a conviction. There are several potential defenses that can be employed to challenge the prosecution’s case. Understanding these defenses can make a significant difference in the outcome 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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When confronted with felony OVI charges in Ohio, one of the first aspects that should be scrutinized is the legality of the traffic stop. The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures, and this includes traffic stops. Law enforcement must have reasonable suspicion to initiate a stop. This means that the officer must observe a traffic violation or have a legitimate reason to believe that the driver is engaged in criminal activity. If it can be demonstrated that the officer did not have reasonable suspicion, any evidence gathered during the stop, including field sobriety tests and breathalyzer results, could be suppressed. The exclusion of such evidence often weakens the prosecution’s case to the point where the charges may be reduced or dismissed.
The accuracy and reliability of chemical tests, such as breath, blood, and urine tests, are often central to OVI cases. However, these tests are not infallible and can be challenged on various grounds. Breathalyzer machines, for instance, require regular calibration and maintenance to provide accurate readings. If the device was not properly calibrated or if there is no record of its maintenance, the results may be unreliable. Additionally, the administration of the test must follow strict protocols. Factors such as the timing of the test, the individual’s medical conditions, and even the presence of certain substances like mouthwash can affect the results. Challenging the validity of the chemical test results is a common and often effective defense in OVI cases, potentially leading to the suppression of critical evidence.
Another important avenue for defense in felony OVI cases is questioning the administration and interpretation of field sobriety tests. These tests, which include the Horizontal Gaze Nystagmus, Walk and Turn, and One-Leg Stand, are designed to assess a driver’s physical and cognitive impairment. However, the results of these tests are highly subjective and can be influenced by factors unrelated to alcohol or drug consumption. For instance, an individual’s age, weight, medical conditions, or even nervousness can affect their performance. Furthermore, these tests must be administered under specific conditions and according to standardized procedures. If the officer deviated from these procedures or if the conditions were not ideal, the results may be deemed unreliable. By highlighting these issues, it may be possible to cast doubt on the officer’s conclusions and undermine the prosecution’s case.
In some instances, it may be possible to challenge the arrest itself. In Ohio, before an individual can be arrested for OVI, the officer must have probable cause to believe that the person is impaired. Probable cause is a higher standard than reasonable suspicion and requires more substantial evidence. If it can be shown that the officer did not have sufficient probable cause to make the arrest, any evidence obtained as a result of the arrest, including chemical test results and statements made by the defendant, may be inadmissible in court. This can significantly weaken the prosecution’s case and may result in the dismissal of the charges.
Additionally, the role of medical conditions or other alternative explanations for the alleged impairment cannot be overlooked. There are numerous medical conditions that can mimic the signs of intoxication, such as diabetes, neurological disorders, or even fatigue. Certain medications or a combination of medications can also produce symptoms that resemble impairment. By presenting evidence of these conditions or explanations, the defense may be able to cast doubt on the prosecution’s claims and argue that the observed behavior or test results were not due to alcohol or drug use.
The chain of custody of evidence is another critical aspect that can be challenged in felony OVI cases. The prosecution must establish an unbroken and documented chain of custody for any evidence, including blood or urine samples, from the moment it is collected until it is presented in court. Any gaps or inconsistencies in this chain can raise questions about the integrity and authenticity of the evidence. If the defense can demonstrate that the evidence may have been tampered with, contaminated, or otherwise compromised, it could be excluded from the trial. This could substantially weaken the prosecution’s case and lead to a more favorable outcome for the defendant.
In some cases, the defense may also explore the possibility of a procedural error during the arrest or investigation process. Law enforcement officers are required to follow specific procedures when conducting an OVI investigation, including informing the individual of their rights and ensuring that all evidence is collected and preserved according to legal standards. Any deviation from these procedures can be grounds for challenging the evidence. For instance, if the arresting officer failed to read the Miranda rights, any statements made by the defendant after the arrest may be inadmissible in court. Similarly, if the evidence was not properly handled or documented, it could be excluded from the trial. Identifying and exploiting these procedural errors can be a key strategy in defending against felony OVI charges.
Another potential defense involves the timing and context of the alleged offense. In some situations, it may be possible to argue that the defendant was not operating the vehicle at the time of the alleged offense. For instance, if the individual was found asleep in a parked car with the engine off, the defense may argue that they were not in control of the vehicle and therefore cannot be convicted of OVI. Similarly, if the vehicle was inoperable or the individual was not driving on a public road, the defense may be able to argue that the OVI laws do not apply. These defenses can be particularly effective in cases where there is little or no direct evidence of the defendant driving while impaired.
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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.
It is also important to consider the role of plea bargaining in felony OVI cases. While it is not a defense per se, negotiating a plea deal with the prosecution can be an effective way to avoid the most severe penalties associated with a felony conviction. In some cases, it may be possible to negotiate a reduction of the charges to a misdemeanor or to agree on a sentence that avoids incarceration. This can be particularly important for individuals with prior OVI convictions, as a felony conviction can result in mandatory prison time and other long-term consequences. An experienced attorney can help determine whether a plea deal is in the defendant’s best interest and negotiate the most favorable terms possible.
A thorough investigation of the circumstances surrounding the arrest is often necessary to identify potential defenses. This may involve reviewing the police report, interviewing witnesses, and consulting with specialists in fields such as toxicology or accident reconstruction. The goal is to gather evidence that contradicts the prosecution’s case or that supports an alternative explanation for the alleged impairment. In some cases, this may involve presenting evidence that the defendant was not impaired at the time of the arrest or that the arresting officer’s observations were inaccurate or biased.
In Ohio, as in many other states, felony OVI charges carry significant penalties, including the possibility of a lengthy prison sentence, substantial fines, and the loss of driving privileges. A felony conviction can also have long-lasting consequences, affecting the individual’s ability to find employment, obtain professional licenses, or even rent an apartment. Given these potential consequences, it is essential to explore all possible defenses and to mount a vigorous defense against the charges.
It is also worth noting that the prosecution bears the burden of proving the defendant’s guilt beyond a reasonable doubt. This is a high standard, and the defense’s goal is to create reasonable doubt in the minds of the jurors. By challenging the evidence, questioning the reliability of the prosecution’s witnesses, and presenting alternative explanations, the defense can work to undermine the prosecution’s case and secure a more favorable outcome for the defendant.
facing a felony OVI charge in Ohio can be an overwhelming and intimidating experience. However, there are numerous potential defenses that can be employed to challenge the prosecution’s case. These defenses may involve questioning the legality of the traffic stop, challenging the accuracy of chemical tests, disputing the administration and interpretation of field sobriety tests, and exploring alternative explanations for the alleged impairment. A thorough investigation and a well-prepared defense strategy can make a significant difference in the outcome of the case. If you or a loved one is facing felony OVI charges in Ohio, it is crucial to seek legal representation from a law firm with experience in handling these complex cases.
Sabol & Mallory Law Firm is dedicated to providing vigorous and skilled legal defense for individuals facing felony OVI charges in Ohio. With a deep understanding of Ohio’s OVI laws and a commitment to protecting your rights, Sabol & Mallory Law Firm will work tirelessly to explore every possible defense and to achieve the best possible outcome for your case. Contact Sabol & Mallory Law Firm today to schedule a consultation and begin building a strong defense.