Being charged with an OVI/DUI in Ohio can be incredibly overwhelming, especially when entering the court system for the first time. If you need an OVI Attorney who can explain the legal jargon, guide you through every step, and get your desired outcome, Attorney Brien K. Miller is the right choice for you.

Brien has helped hundreds of people accused of OVI get cases dismissed. His process of challenging the evidence presented in OVI cases is a key component to getting your best result and relieving your fear of interacting with law enforcement.

When is Evidence Collected?

OVI Evidence is collected during your interaction with law enforcement leading to arrest. Field sobriety tests, breathalyzer results, chemical evidence, and videos can all be used in a case against you, but the right criminal defense attorney may be able to have it excluded or thrown out. Challenging OVI evidence is a skillset our Attorney’s have learned and perfected.

Are Field Sobriety Tests Accurate?

Field sobriety tests, or “side-of-the-road-gymnastics”, are commonly used by law enforcement to test your balance, coordination, and attention. They consist of:

Walk-and-turn test
One-leg stand test
Horizontal Gaze Nystagmus test

These are all types of field sobriety tests that rely heavily on the Officer, Deputy, or Trooper’s interpretation. People who are sober commonly fail these tests due to outlying factors such as:

Back or Leg injuries
Balance Disorders
Poor Lighting or Uneven Pavement
Nervousness
Traffic lights and sounds
Faulty instructions

If the officer prescribing the test did not account for these factors or did not properly administer the test, then it may be challenged.

Faulty Breath Tests and Chemical Evidence

On occasion, police officers can use breathalyzers and chemical tests to determine if there is an illegal percentage or presence of drugs or alcohol in breath, blood, or urine. Findings show that even legal marijuana users continue to get OVIs. The findings are not always accurate, and certain circumstances may alter the results that have nothing to do with being impaired, they include:

Malfunctioning Equipment
Lack of Routine Inspections or maintenance
Untrained Officers

Certain medical issues like diabetes can raise ketone and acetone levels, that can trigger the breathalyzer to detect alcohol. If you are prescribed and must take insulin, it can alter alcohol metabolism, and vomiting (a common side effect of taking insulin) can leave the presence of alcohol in the mouth without it being in your bloodstream.

Other factors may produce positive tests.

Blood and Urine Tests

Blood and urine tests must follow a chain-of-custody and lab protocols to ensure accurate storage and handling. Errors can happen in:

Storage
Contamination
Transportation

These can compromise reliability of results. Some medications may also cause false positives, even if they do not impair driving.

Trust Wicktora & Miller

The experienced Attorneys at Wicktora & Miller can evaluate the strength of the prosecution’s case and negotiate for the best possible outcome, taking it to trial if necessary. A suspended license from an OVI/DUI charge can get in the way of your daily life and work schedule. Give us a call at (513)318-9981 so you can continue your life uninterrupted. Let us do the work for you, when it matters!