If you’ve been charged with operating a vehicle impaired (OVI), you’re probably wondering whether your charges can be dismissed. It depends on the unique facts of your case—there’s no guarantee. However, OVI charges can be dismissed, especially when law enforcement makes legal or procedural mistakes.
If your rights were violated or the evidence is weak, an experienced OVI defense attorney can fight to have the charges reduced or thrown out.
Under Ohio law, it’s illegal to operate any vehicle under the influence of alcohol, drugs, or a combination of both. You can be charged with OVI if:
Penalties include jail time, fines, license suspension, and a permanent criminal record. To dismiss an OVI charge, your defense must create reasonable doubt or challenge the evidence. Here are the most common and effective defenses:
Unlawful Traffic Stops
The Fourth Amendment protects against unreasonable searches and seizures. The police must articulate a reasonable suspicion to stop your vehicle. If they pulled you over without a valid reason, such as speeding, weaving, or running a light, your attorney can file a motion to suppress any evidence obtained after the stop. If the stop was unlawful, the OVI charge could be dismissed in its entirety.
Improperly Administered Field Sobriety Tests
Standardized field sobriety tests (SFSTs)—like the walk-and-turn—must be administered according to National Highway Traffic Safety Administration (NHTSA) guidelines. If the officer didn’t follow protocol, the tests can be challenged. Your lawyer may argue that the officer gave unclear instructions or that the test was influenced by external circumstances (like medical conditions, injuries, and poor weather). Finally, your attorney might argue that the results were improperly scored.
Inaccurate Breath or Blood Tests
Ohio uses breathalyzer machines to test BAC. Breath or blood test results may be suppressed if the device wasn’t properly calibrated or the officer wasn’t certified. The results may also be inaccurate if the test wasn’t administered within the required three-hour window or if you had residual alcohol in your mouth from mouthwash or medication.
Finally, blood and urine samples may have chain of custody issues, which is another way an attorney can challenge their reliability.
No Probable Cause for Arrest
Even after a lawful stop, officers must have probable cause to arrest you for OVI. If the officer lacked sufficient reason, your lawyer could argue the arrest was unlawful. Proper reasons include failed field sobriety tests and breathalyzer tests.
Without probable cause, any evidence gathered afterward (like a breath test at the station) may be suppressed.
Medical Conditions
Certain medical conditions, like acid reflux, diabetes, neurological issues, and fatigue, can mimic signs of intoxication or interfere with test results.
Ohio OVI laws are strict. A conviction can result in jail time, heavy fines, license suspension, an ignition interlock device, and a permanent criminal record. Fortunately, an experienced attorney can review your case and look for potential defenses, including the ones listed above. Even if the charges cannot be dismissed, your attorney may be able to negotiate reduced charges or diversion programs.
If you’ve been charged with an OVI in Ohio, contact McNamee Defense to find out how we can help.
Facing a sizeable bureaucratic justice system can leave you shaking in your shoes. We’re here to tell you it doesn’t have to. Call 614-782-8889 or email us to schedule your free initial consultation today. We take cases in Columbus and across Central Ohio.