When facing an OVI (operating a vehicle impaired) charge, it is important to know your rights. Individuals with a blood alcohol concentration above the legal limit are considered intoxicated per se. One of the most common methods for determining intoxication is through a breathalyzer test, but these tests are not foolproof. Consequently, a failed breath test does not automatically mean that the driver will be convicted of drunk driving.

Here are five potential issues with a breathalyzer test that could potentially lead to an acquittal, the OVI case being dismissed, or the charges against you dropped.

Breath Testing Devices Have to be Calibrated to Function Correctly

Breathalyzers have to be serviced and calibrated on a regular basis in order to ensure their accuracy. If it is discovered that the device used during your test was not properly calibrated and maintained, this greatly reduces the reliability of the results. This could potentially be grounds for dismissal of the OVI charge.

Facing any kind of criminal charge can be a scary experience. Depending on the seriousness of the charge you are facing and the case the prosecutor is preparing against you, a guilty verdict could have a significant impact on your life and your future. You could even be facing prison or jail time. This is why no matter what the issue is, it is in your best interest to have a skilled criminal defense attorney advocating for you.

Motions for Discovery

There are many legal tools criminal law attorneys have to defend their clients. One critical tool is the legal right to obtain any information and evidence the prosecution has gathered in their case against a defendant. The process of obtaining evidence in any legal proceeding is referred to as “discovery.”

Divorce equals stress. There is no way around it. People going through divorce are often dealing with overwhelming stress while navigating not only through the emotional and financial woes of ending a marriage, but also navigating through the family court system.

The last thing a person dealing with this major life event needs to worry about is being arrested and charged with OVI. Unfortunately, it happens, far more often than you would think. Even more unfortunate is not only are there criminal charges to deal with, but an OVI charge can also impact divorce proceedings in a number of ways.

Adds Even More Emotional Stress

Even if you are going through a “friendly” divorce, there is still so much to deal with, no matter how well you and your soon-to-be ex-spouse get along. But throw in an OVI charge and the fragile truce between you and your spouse could collapse over the negative impact this charge can have on you and the relationship you have with your spouse, your children, family, and friends.

Drunk driving convictions can lead to significant consequences – both criminally and personally. The criminal penalties associated with drunk driving increase if the defendant has previously been convicted of operating a vehicle under the influence (OVI). First-time OVI offenders in Ohio are subject to fines of up to $1,075, a maximum driver’s license suspension period of three years, and three days to six months in jail.

If someone receives a second OVI within ten years of the first OVI, he or she may face penalties including fines up to $1,625, a maximum seven-year driver’s license suspension, and ten days to six months in jail. The driver may also be required to complete alcohol addiction treatment. The penalties are harsher if the driver’s blood alcohol limit was above 0.17 percent. If you have been charged with a second or subsequent OVI charge, it is important to start building a strong defense.

Defense Strategies for Drunk Driving in Ohio

Being charged with OVI or DUI does not necessarily mean that you will be convicted of the charge. As with any criminal charge, the prosecution must prove that you committed the crime “beyond a reasonable doubt.” Your lawyer may use many different strategies to cast doubt on your guilt. He or she may argue:

While a person can face serious penalties for any type of criminal charges, cases involving controlled substances will often lead to some of the most serious consequences. A conviction for drug possession can lead to large fines and a lengthy prison sentence, and a person may also face other consequences, such as probation and the requirement to receive substance abuse treatment and take regular drug tests. Those who have been accused of drug-related offenses can work with a criminal defense attorney to determine their best options for avoiding or minimizing their potential penalties.

Possession of Controlled Substances in Ohio

A person may be charged with drug possession if they are accused of knowingly obtaining, possessing, or using a controlled substance without legal authorization (such as a prescription for a medication). Controlled substances are grouped into five “schedules” based on whether drugs are considered to be dangerous and addictive and whether they have any accepted medical uses. Schedule I drugs are generally the most addictive substances, while drugs in Schedules II-V may be used for medical purposes in some situations.

Possession of substances in Schedule I or II, with the exception of heroin, cocaine, LSD, marijuana, fentanyl, or hashish, is considered to be aggravated possession of drugs. The minimum charge for this offense is a fifth-degree felony, and a conviction may result in a prison sentence of between six months and one year, although first-time offenders may qualify for community control sanctions such as probation. However, if a person was accused of possessing at least the “bulk amount” of a drug, they may be charged with a third-degree felony, and a conviction can result in a prison sentence of between nine months and three years. Bulk amounts will vary depending on the type of drug. For example, the bulk amount of Schedule 1 opiates is 10 grams or 25 doses, while the bulk amount of Schedule II hallucinogens is 30 grams or 10 doses.