Defenses in the context of DUI / OVI cases in Ohio are typically not the traditional defenses in criminal law. The traditional defenses include alibi, duress, entrapment, necessity, etc. Those traditional defenses are rarely used in DUI / OVI cases. Instead, the “defenses” in OVI cases are methods of excluding evidence and strategies for demonstrating the remaining evidence does not prove guilt.
The defenses used in Ohio DUI / OVI cases depend on the type of charge. There are two general types of charges:
OVI ‘Impaired’
OVI ‘Per Se’
Defenses For OVI ‘Impaired’ In Ohio In Ohio, OVI ‘Impaired’ is the informal name for a DUI / OVI charge which is not related to the result of a breath test, blood test, or urine test. For the ‘Impaired’ OVI charge, the evidence must show the driver was under the influence of alcohol and/or drugs while operating the vehicle so that his or her driving ability would be impaired. The defenses related to OVI ‘Impaired’ focus on disproving our client was ‘under the influence’.
Defenses For OVI ‘Per Se’ In Ohio In Ohio, OVI ‘Per Se’ is the informal name for a DUI / OVI charge which is related to the result of a breath test, blood test, or urine test. For the ‘Per Se’ charge, the evidence must show the driver was ‘over the limit’ while operating the vehicle. The defenses related to OVI ‘Per Se’ focus on explaining why the breath/blood/urine test is inadmissible or inaccurate. NOTE: In nearly every OVI ‘Per Se’ case, the driver is also charged with OVI ‘Impaired’. If you are charged with OVI ‘Per Se’, you will probably want to take a look at the defenses for both types of charges.
Bonus: Defenses For The Administrative License Suspension An Administrative License Suspension (ALS) is imposed when a driver refuses a blood/breath/urine test or consents to a test and the result is ‘over the limit’. Although the ALS is technically separate from the OVI case, the two are heard together. When we represent a client for an OVI case, we also challenge the ALS for them. Successfully challenging the ALS results in the client’s license being returned. This is especially important for clients who refuse a blood/breath/urine test because a Not Guilty verdict on the OVI charge does not terminate the ALS. NOTE: As nearly every defendant in an OVI case is charged with OVI ‘Impaired’, the defenses for the Administrative License Suspension are on the page for “OVI ‘Impaired’ Defenses”.
Successful Defenses Require More Than An Informative Website There are many lawyers in Columbus and central Ohio who represent clients for DUI / OVI cases. Other law firms may have websites with a list of defenses and other material similar to the information provided by our firm in this website. If you consider hiring a lawyer, we recommend that you interview the lawyers to determine whether they really have the knowledge and experience necessary to effectively defend clients with OVI charges.
At the Dominy Law Firm, we have made it our mission to develop expertise in DUI / OVI defense and use that expertise to benefit our clients. If you would like to interview us to see if we really have the knowledge and experience we claim, we welcome that opportunity. To discuss representation for a DUI / OVI in Columbus, Ohio or the central Ohio area, you can schedule a free phone consultation by completing a CONTACT FORM or by calling us at 614-717-1177.
Shawn is a wonderful person and an elite attorney. Being represented by him gives you complete peace of mind knowing you are in good hands, with...
M.A.
Shawn Dominy quickly displayed his expertise in defending OVI cases at a level that made me immediately comfortable in my decision to...
K.G.
I was looking at a Physical control OVI charge. License suspension, 3 day class, all that. Shawn got it reduced to persistent disorderly conduct. I paid a fine, saw...
