Amy M. Levine & Associates, Attorneys at Law, LLC
We now have a New Albany, Ohio location!
Map Contact
Columbus, OH 614-360-2942 614-360-2942
Huntington, WV 304-519-4354 304-519-4354
New Albany, OH 614-721-7726 614-721-7726
Main Menu
Practice Areas Menu

What possible defenses exist for an Ohio drunk driving charge?

There was a time when drunk driving was considered little more than a nuisance. The issue has come to be regarded with a lot more concern these days. Every state, including Ohio, has adopted a number of common standards.

These include the .08 percent blood alcohol level as the threshold at which a person can be presumed to be operating a vehicle under the influence, and the notion of implied consent. That means that if you get behind the wheel of a motor vehicle, the presumption is that you have already said yes to an officer's request that you submit to a chemical test to take your blood alcohol content level.

 

Considering all those presumptions, it might prompt readers to ask whether there are any possible defenses that can be raised in answer to an OVI charge. The answer is that there are.

Following are just a few defense possibilities as can be found at FindLaw.com.

Affirmative defenses: It may have been that you had no choice but to drive impaired. The necessity of your circumstances at the time made it a better choice. Perhaps you were forced by someone else to take the wheel. If you happened to drink punch at a party that you didn't know was spiked, you might argue involuntary intoxication.

More common defenses: Drunk driving charges often follow traffic stops by authorities. Did the officer in your case have real cause? Police regularly employ field sobriety tests to gather evidence of suspected impairment. Results tend to be subjective, not objective. If the tests weren't administered correctly, that might warrant a challenge. The same might go for breath testing. Were any devices used properly calibrated? Was the testing officer properly trained in their use? If blood was taken, was it done under warrant?

Whether one of these defenses or another that hasn't been covered in this post might be appropriate in your case can't be answered here, at least not without due consultation with experienced legal counsel.

No Comments

Leave a comment
Comment Information
CBA Columbus Bar Association BBB A+ Accredited Business CEC Credit Education Coalition