Arrested for a DUI or OVI in Ohio or Kentucky? While you have reason to be concerned, I want to offer you encouragement as an experienced DUI attorney in Ohio. I know exactly what to look for to protect you and your rights and assure you that I will diligently defend the charges that have been brought against you. The following are just a few of the defenses that have been used.
Illegal Stop of Person or Vehicle
An officer cannot initiate a traffic stop unless he has a valid or legitimate reason that there was a traffic offense committed or a law was violated. This reasonable belief is a legal standard known as probable cause. If he does NOT have probable cause that is necessary before engaging, any evidence that is obtained as a result of that illegal procedure will be suppressed. In other words, when a judge suppresses evidence, the prosecution can not use it against you.
Law enforcement can’t search you or your vehicle for a minor traffic offense. He would need your consent or a very valid probably cause of crime, otherwise any evidence obtained has been obtained illegally and not admissible in court.
Weaving Inside the Lanes Is NOT Illegal
One of the most common pre-arrest signs law enforcement cites in a DUI/OVI case is that the suspect was weaving. There are 2 types of weaving – between the lane markers and across multiple lanes. Weaving within one’s own lane is not illegal. It is certainly not a sign of impaired driving. Most of the time, the judge will rule that an officer that has observed a driver weaving within their own lane is NOT probably cause to conduct a DUI stop.
Innocent Explanations For The Symptoms Of Intoxication
Law enforcement often claims to have observed “objective symptoms of intoxication”: bloodshot eyes, watery eyes, slurred speech, flushed face and unsteady gait. In fact, the DUI/OVI police reports have pre-printed boxes for these symptoms to be checked off. Truthfully, there are many causes for each observation that have absolutely nothing to do with consuming alcohol: fatigue,e, allergies, nervousness, anger, embarrassment, intimidated and flustered for being pulled over.
Anonymous Report of Drunk Driving
You can’t be stopped simply because an anonymous person has reported poor driving. Law enforcement must make the observations to confirm the tip.
Standard Field Sobriety Testing is Inaccurate
In healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence of alcohol. Persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests.
Field Sobriety Test Improperly Administered
According to the National Highway Traffic Safety Administration (NHTSA), if the officer does not administer the Standardized Field Tests pursuant to the established protocol, the reliability of the tests is compromised.
Medical and Health Problems
Medical problems with legs, arms, neck, back and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results.
Weather reports establishing high winds, low visibility, precipitation and other conditions may provide a valid explanation for otherwise poor driving or poor performance on Standardized Field Sobriety Tests.
Non-Standardized Field Tests Provide Limited Basis For Arest
Neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests.
More and more often, the suspect’s driving and performance on field tests is being recorded; often contradicting police testimony. Many times it is very visible that the driver looks better on the video than described by law enforcement
Prosecutors may not use statements of a defendant in custody for a DUI as evidence if law enforcement has failed to properly issue Miranda Warnings prior to the interview.
DON’T TAKE ANY TESTS, but if you do:
Field Sobriety Tests Wrongfully Convict 33% of DUI Suspects and Provide A Very Poor Measure Of DUI Impairment
Even when the standardized field sobriety tests are administered perfectly (which is rare), they still provide a very inaccurate measure of whether a DUI suspect is impaired. According to NHTSA, for example, the one leg stand test has a 65% accuracy rate and the walk-and-turn test a 68% accuracy rate. Not only do these stats. presume a perfectly administered test, they also assume every person is physically the same, without disability, inner ear problems, or infirmity in any way. This means that if people were convicted based on these roadside tests, one third of them would be innocent and wrongly convicted. Or, viewed another way, when officers arrest DUI suspects based on failing these tests, one in three suspects is wrongfully arrested.
The Bottom Line: It’s not over if you have been arrested for a DUI/OVI. There are plenty of ways to beat it with a good DUI attorney in Ohio or Kentucky. I have listed a few but know that I will fight for you and make sure that no stone is left unturned. Let me help you: 513-260-2099