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 teamWhy Winter Leads to More OVI Arrests in Columbus 
The winter months, particularly February, are a challenging time for drivers in Columbus. The combination of cold temperatures, snow, ice, and slippery roads creates hazardous conditions that lead to an increase in traffic stops. Officers on patrol are more likely to stop vehicles that exhibit signs of unsafe driving, including weaving, sliding, or driving too slowly. This heightened vigilance from law enforcement results in a significant rise in OVI arrests.
The season itself plays a major role in these arrests, and winter driving presents unique risks, both for drivers and law enforcement. When snow and ice cover the streets, traction becomes a problem, causing vehicles to behave unpredictably. In addition, drivers may not always adjust their behavior accordingly. For example, they may continue to drive at normal speeds or fail to maintain safe distances behind other cars, leading to erratic driving patterns. This erratic behavior is often mistaken for the signs of an impaired driver.
Additionally, the holiday season, which stretches into early winter, often leads to an increase in alcohol consumption at social events. Alcohol consumption, combined with icy roads and poor visibility, makes it even more likely for drivers to make errors that result in their being stopped by law enforcement.
Here’s why these factors create a perfect storm for OVI arrests:
- Icy and Snowy Roads: Poor road conditions during winter months contribute to accidents and cause drivers to exhibit behavior that may resemble impaired driving. Law enforcement, aware of these dangers, becomes more alert and is more likely to pull over drivers exhibiting these signs.
- Increased Patrols: Police departments tend to ramp up patrols in winter due to the increase in weather-related accidents, and officers are more on the lookout for erratic driving, which can often be confused with the signs of alcohol or drug impairment.
- Driving After Holiday Gatherings: The festive atmosphere in the months of November through January means that more people are attending social gatherings where alcohol consumption is common. While most drivers may plan to drive home, they often overestimate their ability to handle their alcohol, which leads to an increased likelihood of OVI arrests.
The Role of February in OVI Arrests
February holds unique challenges for both drivers and law enforcement. The cold temperatures, combined with the aftermath of holiday parties, create an environment where more people are driving under the influence. At Sabol Mallory LLC, we have seen a marked increase in OVI arrests in Columbus during February, making it crucial for individuals to be aware of the increased risks during this time.Client
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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!
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- Jessica H.
- Post-Holiday Drinking: By the time February comes around, people are still recovering from the effects of holiday drinking. For those who continue to attend social gatherings and celebrations, there is an increased risk of impaired driving due to alcohol.
- Winter Sports Events and Travel: As Columbus is a popular destination for winter sports enthusiasts, people often travel to and from ski resorts and other winter activities during February. These trips typically involve long hours of driving, where alcohol consumption may occur. Traveling at night, when visibility is low, increases the chances of being stopped by law enforcement.
Common Testing Errors in Winter OVI Cases
As the weather becomes colder in Columbus, law enforcement officers face challenges in administering accurate OVI tests. Breathalyzers, field sobriety tests, and blood tests, all of which are used to determine impairment, can be affected by the cold conditions. These conditions contribute to both technical failures in testing equipment and physical challenges for the individuals being tested.- Breathalyzer Malfunctions Due to Cold Weather: Breathalyzers measure the alcohol concentration in a person’s breath. However, in colder weather, breathalyzers can malfunction. For example, the sensors in the device may be affected by low temperatures, leading to incorrect readings. If the breathalyzer is not calibrated correctly or is used improperly in cold conditions, the results may be inaccurate, leading to a wrongful conviction.
- Field Sobriety Tests and Icy Conditions: Field sobriety tests are often used as an initial assessment of impairment, but they can be difficult to perform in winter conditions. Officers may ask drivers to perform tasks such as walking a straight line or standing on one leg. In icy or snowy conditions, even the most sober individuals may struggle to complete these tasks. The slippery surface can cause a person to lose their balance or fail to follow instructions properly, which can result in the test being deemed “failed.” These challenges can be a strong basis for challenging the validity of the test results.
- Testing Errors and Officer Mistakes: Winter conditions can lead to rushed procedures and missed steps in the testing process. For example, officers may be more concerned with getting back into their patrol car due to the cold and may not follow the proper procedures during testing. Any deviations from standard protocol can result in test results being deemed inadmissible in court, which is why working with an experienced attorney who understands these issues is vital.
What You Should Do If Arrested in Winter
If you are arrested for OVI in the winter, especially in February, it is critical to understand your rights and what steps to take next. At Sabol Mallory LLC, we provide skilled legal representation to clients facing OVI charges, particularly in the winter months when the potential for errors and improper testing increases. Here are steps to take if you find yourself arrested for OVI:- Do Not Incriminate Yourself: It’s important to remain calm and cooperative, but avoid making statements that could be used against you in court. You have the right to remain silent and request an attorney before answering questions.
- Request an Attorney Immediately: Contact a Columbus-based OVI defense attorney as soon as possible. The attorneys at Sabol Mallory LLC are highly experienced in handling OVI cases, and we can immediately begin reviewing your case, looking for potential issues such as testing errors or violations of your rights.
- Challenge Testing Errors: Testing errors are common during the winter months, and our attorneys will thoroughly investigate whether any errors occurred during the breathalyzer, blood, or field sobriety tests. Any discrepancies in the procedure or malfunctioning equipment can form the basis of a strong defense.
- Keep Records of the Conditions: If possible, document the weather and road conditions at the time of your arrest. This information may be valuable in proving that the tests were compromised due to weather conditions.