Allegations of driving under the influence (DUI) or operating a vehicle impaired (OVI) in Ohio can come with significant consequences if the state can build a successful case. Ohio law relies on several types of evidence to build a case. Drivers are wise to understand the basics of the prosecution’s strategy. Knowing the other side’s plan can help you to build a successful defense.
What does the state need to prove to build a successful OVI charge?
Although the particulars will vary depending on the details of the case, the prosecution will generally review the following evidence to help build their claim against a driver:
- Field Sobriety Tests (FSTs): These are a series of physical and cognitive tests that include checking the driver’s ability to track movement with their eyes and testing their balance.
- Chemical Tests: Blood, breath, or urine tests are used to measure the level of alcohol or drugs in your system. Ohio law considers a Blood Alcohol Concentration (BAC) of 0.08% or higher over the legal limit for driving.
- Officer Observations: The court will review the behavior noted by the officer during the stop. This can include allegations the driver had slurred speech, the officer smelled alcohol, or that the officer noticed erratic driving prior to the stop.
It is important to take these charges seriously and begin gathering information to counter the prosecution’s attempt to establish the aforementioned elements. If the prosecution is successful, the penalties in Ohio for these crimes are harsh. A strong defense strategy tailored to the details of your case can help mitigate this risk and better ensure a more favorable outcome.
How can a driver build a defense to these charges?
A driver can use several defense strategies. The exact approach will vary depending on the specifics of the case. In some situations, attempting to challenge the accuracy of chemical tests will make sense. This can include reviewing the calibration and maintenance records of the testing device to find instances of inconsistencies. It is also possible that authorities did not follow proper protocol when handling and storing blood samples.
It may also help to question the field sobriety tests. It is possible that health issues or disabilities that affect balance or coordination could invalidate FST results or that environmental factors such as uneven pavement or poor lighting impacted the test outcomes.
Facing a DUI charge in Ohio can be daunting. Remember, in drunk driving cases, the burden is on the prosecution to prove guilt beyond a reasonable doubt. By understanding the evidence required for a conviction and knowing your defense options, you prepare yourself to contest the charge more effectively.
