A: Yes. If the test result is ‘over the limit’, you will be charged with OVI ‘per se’ (in Ohio, it’s called ‘OVI’). Although the test result is evidence your alcohol/drug level exceeded the prohibited concentration, that is not the end of the story. A good OVI defense lawyer can investigate the case and present defenses to the charge of OVI ‘per se’. If you were charged with OVI ‘per se’, you were probably also charged with OVI ‘impaired’, and defenses are available for that charge as well.
A: The prosecution must prove you had a prohibited concentration of alcohol in your breath at the time you operated the vehicle. First, due to the timeline of alcohol distribution and elimination, the breath test result may not prove you were ‘over the limit’ at the time of operation. Second, there are variables in the body which may form a defense, such as breath temperature, breathing pattern, foreign substance in the mouth, and medical conditions. Third, there are issues wit the breath-testing machine which may form a defense, including the proximity of a cell phone, a machine sharing an electrical outlet, alcohol in the ambient air, and a machine which is not in proper working order. Fourth, there may be non-compliance with Ohio breath-testing regulations such as weekly instrument checks, failed instrument checks, expired check solution, invalid samples, expired operator permits, and record maintenance.
A: The prosecution must prove you had a prohibited concentration of alcohol and/or drugs in your blood at the time you operated the vehicle. First, there are variables in the blood collection which may form a defense, such as a volatile solution used for disinfection, the lack of an anti-coagulant, the qualifications of the phlebotomist, and refrigeration of the sample. Second, there are issues with the analysis which may form a defense, including not following laboratory procedures, not properly calibrating testing instruments, internal contamination in instruments, and invalid internal standards and controls.
A: The prosecution must prove you had a prohibited concentration of alcohol and/or drugs in your urine at the time you operated the vehicle. First, there are defenses related to pooling of alcohol in the urine, inactive drug metabolites in the urine, and proving the level of alcohol/drugs at the time of operation. Second, there are variables in the urine collection which may form a defense, such as witnessing the sample, the type of container used, the labeling for the sample container, sample refrigeration, and chain of custody proof. Third, there may be issues with Ohio urine-testing regulations which form a defense, including procedure manual rules, proficiency testing requirements, instrument calibration, permit requirements, and record maintenance.
The Dominy Law Firm has represented hundreds of clients charged with DUI / OVI ‘per se’. If you have been charged with this offense, our law firm can help. If you would like to learn more about the Dominy Law Firm, please see the About Us page. If you would like to see what we have achieved for clients in the past, you can read through our Client Reviews and Case Results. If you would like to talk about representation for your DUI / OVI ‘per se’, please complete a CONTACT FORM or call 614-717-1177 to schedule a free phone consultation.