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Top Defenses to a DUI in Ohio

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Top Defenses to a DUI in Ohio | Delaware, OH | Calhoun, Kademenos, & ChildressMany people who are charged with a DUI feel as though it is impossible to combat and don’t think that their charges can be reduced, or lifted.  But, this is a misconception: there are several valid defenses to a DUI in Ohio.

Speaking with an experienced DUI attorney about your particular case is the best way to determine a defense that would be helpful to you — but it is also helpful to be aware of some possible DUI defenses ahead of time. 

We pulled from a list of the top 10 defenses to a DUI in Ohio that might help clarify some of the defenses that can be used if you have been charged with a DUI:

  • No reasonable suspicion to make a stop.  Law enforcement must have a valid reason to legally make a traffic stop.  According to the Fourth Amendment, an officer is required to have reasonable suspicion that a crime is being committed or about to be committed before making a traffic stop.  For example, an anonymous tip about erratic driving that could be linked to drinking may constitute as reasonable suspicion — bit the officer must make an independent confirmation of this unsafe driving before actually making a stop.
  • No signs of intoxication.  Once an officer pulls someone over, he or she will determine whether the driver might be under the influence of alcohol or drugs.  If the officer has a reasonable suspicion, that is when they will ask for field sobriety tests or a breath test.  Aspects that would warrant an acceptable suspicion are slurred speech, the smell of alcohol, or glassy eyes.  But, if there are no justifiable signs of impairment and the officer still asks for tests, that is where the defense lies.
  • Improper Administration of Field Sobriety Tests.   Standardized Field Sobriety Tests (SFST) were developed by the National Highway Traffic Safety Administration to help determine the level of intoxication of a driver without chemical testing.  These tests can be used as substantial evidence of intoxication if the driver doesn’t properly perform them.  But, the officer must administer the tests correctly in order to be admissible in court.  Cameras on the officers’ dashboard often capture activity during a DUI arrest, and this footage must be disclosed to the defendant or his/her attorney.
  • Destruction of Evidence. Evidence of a DUI/OVI defense must be preserved and made available for the defendant upon request.  It is also important that you write down any evidence you have of unlawful treatment during your DUI arrest as soon as possible, and relay it to a defense attorney. This evidence can contradict an officer’s allegations and may absolve the charges.

Any of the above defenses — and more — could apply to your case and pursued with the help of an OVI/DUI defense attorney.  Even if you plan on pleading guilty, an attorney can help when it comes to securing driving privileges and negotiating the best possible terms for your plea.

Photo Credit: JSmith Photo via Compfight cc

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