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Possible defenses to drunk driving charges

On Behalf of | Jan 10, 2023 | Criminal Defense

Like in most other states, operating a vehicle under the influence (OVI) is a very serious charge in Ohio. If convicted, the potential penalties include jail time, fines, license suspension and vehicle forfeiture, among others. There are also some collateral damages of an OVI conviction such as increased insurance costs and a criminal record.

The only way to steer clear of these and other sanctions is by avoiding a guilty verdict, which underlines the importance of a solid legal defense team. Below are some possible defenses that may apply to your OVI case.

Constitutional violations

Did the police violate your constitutional rights during the OVI arrest? It could have been through an illegal stop or a lack of probable cause informing your arrest. When this happens, such evidence can be suppressed and excluded from the trial. It could significantly boost your defense.

Challenging the facts of the case

Your OVI case rests on the alleged fact that you were drunk, and the prosecution must prove that beyond a reasonable doubt for a conviction. It can be hard to prove your charges if you successfully challenge any evidence alluding to your OVI, such as the accuracy of field sobriety tests or that you were not operating a vehicle as supposed.

Chain of custody errors by law enforcement can also lead to the exclusion of crucial evidence, which could augur well for you.

Get help with your OVI charges

Whether it is your first time or you are a repeat offender, it is in your best interests to have adequate legal counsel if you have been charged with OVI. Some of these defenses require an in-depth knowledge of the law and the criminal justice system, and not everyone may be familiar with how things work.