» Criminal Defense Lawyer in Pickerington, OH » OVI Lawyer in Pickerington, OH » Breathalyzer Test Challenge Lawyer in Pickerington, OH
Drunk driving, officially known as Operating a Vehicle Impaired (OVI) in Ohio, is a criminal offense that can result in penalties, fines, and even a social stigma. Many people who drive after having drinks with dinner are surprised to find that they are over the legal limit.
If you have been charged with OVI, chances are good that breathalyzer test results will be used by prosecutors in your case. These devices can be inaccurate, however, which is one of many reasons to work with a skilled OVI defense attorney. I am a Pickerington breathalyzer challenge lawyer with more than 25 years of experience helping clients discredit test results and challenge OVI charges. When you contact my firm, Andrew H. Stevenson Attorney at Law, I can put that knowledge and experience to work for you.
Breathalyzers are widely used by law enforcement “in the field” for measuring the amount of alcohol in a driver’s system. However, breathalyzers are not fool-proof, and test results may be skewed by a wide range of factors. These are just some of the issues that could result in an inaccurate breathalyzer reading:
Under Ohio Revised Code § 4511.19, a person may be considered legally intoxicated with a blood alcohol content of 0.08 percent. Any of the problems listed above could prove critical in skewing the results to meet that BAC threshold. That is why it is imperative for a person in Pickerington to work with a breathalyzer challenge lawyer who knows how to scrutinize test results.
Because breathalyzer test results can be so consequential, law enforcement officers must follow strict protocols. Any errors or deviations can be reasons to discredit the results, which could in turn lead to a reduction in or dismissal of OVI charges. Breathalyzer challenge attorneys must look for problems such as the following:
A good defense lawyer will also assess whether the test results could have been skewed by the previously discussed factors like operator error, the defendant’s unrelated health issues, or testing conditions
The results of breathalyzer tests are often a key component in OVI cases in Pickerington, but challenges are just one aspect of a comprehensive OVI defense. As an experienced defense attorney, I will examine all aspects of the incident, from initial traffic stop through arrest to determine if there are weaknesses in the prosecution’s case. I can suggest case-specific defense strategies accordingly.
I will also ensure that you are aware of all your legal options, including going to trial, negotiating a favorable plea deal, participating in a diversion program or agreeing to alternative sentencing. I can then explain the likely outcome and potential consequences of each method of resolution.
Choosing the right Pickerington lawyer to handle your breathalyzer challenge is an important decision. I have more than 25 years of legal experience as a criminal defense attorney, as well as a strong track record of success on behalf of clients. I also take a personalized approach to each case and client.
To learn more about how I can help you challenge or otherwise resolve your OVI charges, contact Andrew H. Stevenson Attorney at Law, to schedule your initial consultation.
Client was accused of being under the influence of narcotics. Drug Recognition Expert (DRE) was successfully challenged.
A young college student was stopped for speeding on Stimpson Ave. The Ohio State Patrol Officer administered field sobriety tests and placed the Client under arrest. The Client agreed to take a breath test and “blew” a .16. In reviewing the OSP video tape of field sobriety tests, Andrew found that the Trooper had unfairly graded the Client. Andrew was able to negotiate a reduced charge based on his client’s performance on the field sobriety tests.
Client was charged with OVI on the basis of being under influence of narcotics. The Officer who made the traffic stop was a Drug Recognition Expert (DRE) and the OVI charge was based solely on the Officer’s opinion as a DRE. Andrew’s cross-examination of the Officer at a suppression hearing revealed that the Officer’s opinion’s were based on flawed assumptions. The case was dismissed.
The client was charged with an OVI, facing a significant license suspension and fine. Their charge was negotiated to physical control of a vehicle while intoxicated, which carried a much more lenient sentence.
Client was charged with Operating a Vehicle while Impaired, a misdemeanor. Attorney Andrew Stevenson negotiated their participation in a Driver Intervention Program, preventing a conviction and a permanent criminal record.
Client was charged with a felony OVI while possessing a firearm. If convicted, they could be sentenced to a maximum of 30 months in jail, plus additional sentencing for the weapon enhancement. Attorney Andrew Stevenson negotiated a diversion in the case, reducing the charge to reckless operation of a vehicle while possessing criminal tools.
Client was charged with OVI and had a prior OVI conviction from 15 years earlier, outside Ohio’s 10-year lookback window. Attorney Andrew Stevenson negotiated the case to a Driver Intervention Program rather than a second OVI conviction.
Client was charged with an OVI, a charge that carries mandatory jail time, license suspension, and a permanent mark on their driving record. Attorney Andrew Stevenson negotiated with the prosecution to secure a reduction. The OVI charge was amended, and our client was able to complete a Driver Intervention Program in lieu of an OVI conviction avoiding jail time, protecting their license, and keeping an OVI off their permanent record.
Attorney Andrew Stevenson represented a client charged with Operating a Vehicle Impaired. After reviewing the case and negotiating with the prosecution, the charge was resolved through a Driver Intervention Program rather than an OVI conviction.
Attorney Andrew Stevenson secured a favorable outcome for his client charged with misdemeanor OVI by successfully negotiating a reduction to reckless operation. The result allowed the client to avoid an OVI conviction and the significant long-term consequences that accompany it.
Attorney Andrew Stevenson’s client was charged with OVI, an offense that can carry up to six months in jail, fines up to $1,075, and a license suspension of as long as three years. Stevenson worked out a resolution placing the client in a Driver Intervention Program in place of jail, and clearing the charge from their record.
A client facing an OVI charge retained Attorney Andrew Stevenson. After review and negotiation with the prosecutor, the OVI was reduced to a Reckless Operation offense avoiding mandatory jail time, a license suspension of up to three years, and a permanent OVI on the client’s record.
Client faced a first-offense misdemeanor OVI and the mandatory penalties that come with it: three days in jail, fines up to $1,075, and a one-to-three-year license suspension. Attorney Andrew Stevenson got the charge reduced to Reckless Operation carrying no jail time and a maximum fine of $150.
The client was charged with failure to comply with a police officer’s signal, OVI, and two counts of failure to stop after an accident, facing up to five and a half years in prison. The client pled to the indictment as charged, yet Andrew Stevenson’s sentencing advocacy still secured probation and kept the client out of prison entirely.
The client came to the firm facing aggravated vehicular assault, OVI, failure to stop after an accident, and driving under suspension potentially taking on up to 14 years in prison, with the aggravated vehicular assault count carrying mandatory prison time. Attorney Andrew Stevenson resolved the entire case to a single minor misdemeanor with only a fine, no jail, and no felony conviction.
Client faced both an OVI count and a paired unlawful-alcohol-concentration charge, along with the mandatory jail time a first-offense OVI conviction carries. Attorney Andrew Stevenson resolved the case to a single OVI plea served through Ohio’s 72-hour Driver Intervention Program (no jail), with the unlawful-alcohol-concentration count dismissed.
A .230 BAC reading combined with a prior OVI conviction brought the client a second-offense high-tier charge, carrying a mandatory minimum of 20 days in jail, license suspension of up to seven years, and 90 days of vehicle immobilization. Andrew Stevenson negotiated the case down to a first-offense OVI, eliminating the second-offense mandatory minimums and the harsher license and vehicle consequences.
A clients first-offense misdemeanor OVI carries a mandatory three days in jail, fines up to $1,075, and a license suspension for one to three years. Attorney Andrew Stevenson got his client’s case dismissed.
Client was charged with first-offense misdemeanor OVI, an offense carrying a mandatory three days in jail, fines up to $1,075, and a license suspension of one to three years. Stevenson got the charge reduced to Underage OVI (OVUAC), a fourth-degree misdemeanor with no mandatory jail time, fines up to $250, and a license suspension of 90 days to two years.