An OVI charge does not have to turn into a criminal conviction. If you or your loved one were arrested for operating a vehicle while impaired, you need a strong defense. Without competent legal assistance, making mistakes that lead to costly penalties is easy.
As an experienced criminal defense attorney, I can help you navigate the OVI case, negotiate with the prosecution, and achieve the desired outcome. If the case goes to trial, I will support you every step of the way and fight to avoid an unfair punishment. Call Andrew H. Stevenson, Attorney at Law, LLC, today to speak with me, a skilled Lancaster OVI defense lawyer.
OVI refers to driving under the influence of alcohol, drugs, or a combination of both. Unlike other states, Ohio does not use the terms DUI (Driving Under the Influence) or DWI (Driving While Intoxicated). Instead, OVI (Operating a Vehicle Impaired) is the official legal term stated in Ohio Revised Code § 4511.19.
Under Ohio law, a person can be charged with OVI if they operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher (or 0.02% for drivers under 21). However, if a driver’s BAC is below the legal limit, they can still be charged if law enforcement determines they are impaired by alcohol or drugs.
Penalties for OVI vary depending on the driver’s age and previous criminal record. According to Ohio Revised Code § 2929.24, the jail term for first-time offenses can be up to 180 days.
As a dedicated and well-versed OVI defense attorney in Lancaster, I could seek opportunities to reduce penalties or drop charges. With the right approach to defense, a favorable outcome is possible.
Each OVI case I take on is different. However, many common defenses can be applicable. Some of the arguments I develop as an OVI defense lawyer in Lancaster include the following:
Police must have a valid reason to pull the driver over. However, the stop may be unlawful if there is no traffic violation or suspicious driving behavior.
Officers must administer field sobriety tests according to standardized procedures. If they fail to do so, I can challenge the results in court.
Breath test machines must be properly calibrated and maintained. If they malfunction or are administered improperly, the BAC reading may not be admissible.
Certain medical conditions (such as GERD or diabetes) or diets (such as keto) can produce substances that interfere with breath test results.
Police must have sufficient evidence of impairment before making an arrest. If they lacked probable cause, the case could be dismissed.
If law enforcement did not correctly inform the driver of the consequences of refusing a chemical test, the penalties for refusal might be reduced or dismissed.
If the prosecution’s case relies on witness statements, I can cross-examine them to expose inconsistencies.
Lab errors, contamination, or improper handling of blood or urine samples can lead to false results that I can challenge in court.
Certain statements may be excluded from evidence if the driver in custody was not informed of their rights before questioning.
To build a strong defense in an OVI case, I conduct an in-depth investigation to find loopholes, rights violations, and other issues. Many years of experience in such cases allow my team and I to act quickly.
The faster you talk to a competent Lancaster OVI defense lawyer after being arrested, the more chances you have of achieving a fair outcome in your case. I advise all clients to call an attorney as soon as they have a chance to do so.
Once my team is on the case, I will start building a defense. I will investigate the incident, review the arrest, collect evidence, and defend your rights in court. Call to schedule a consultation today.