In Ohio, DUI/OVI involves operating a vehicle while impaired. The laws cover all types of chemical impairment, including controlled substances. Recent changes to OVI laws set increased penalties for repeat offenders, including mandatory ignition interlock devices.
If you are facing an OVI charge, the penalties are serious and change frequently. First offenses can carry up to six months in jail and up to five years of probation, while second or third offenses can result in mandatory jail time up to 1 year and the indefinite loss of your license. For these reasons, it is critical to work with our DUI defense attorneys at Ernst & Associates. A Batavia Drug DUI lawyer can build a strong defense, negotiate with the prosecutor and judge, and help you pursue a fair outcome in your case.
Can You Refuse the Field Sobriety Test During a Stop?
Many people are familiar with field sobriety tests and know they have the right to refuse them. Law enforcement generally requests an eye test (called the horizontal gaze nystagmus), a one leg stand, and a walk and turn. There is no penalty for refusing the field sobriety tests (only chemical tests) so we always recommend refusing them. These tests rely on the subjective observations of the law enforcement officer. Juries put a lot of weight on them and realize that it is hard to convict without them.
A drug DUI lawyer in Batavia can explain how these roadside exercises apply to your case.
How Can an Attorney Defend Against an OVI Charge?
Whether or not someone chooses to take the field sobriety tests, they will be asked by law enforcement to complete a breath, urine, or blood test at the police station. When contesting drug DUI charges, a Batavia attorney may argue that the test was improperly performed or that too much time elapsed between the arrest and the test. Other potential challenges include miscalibration of the equipment and unqualified operators.
An attorney may file a motion to suppress evidence, a legal document asserting that the evidence in the case was illegally or improperly collected. In most cases, the motion will allege that the initial stop lacked probable cause or that the field sobriety tests did not create enough probable cause for an arrest.
Contact a Batavia Drug DUI Attorney for Legal Representation
If you are facing a DUI/OVI charge, it is critical to consult a defense attorney as soon as possible. At your arraignment, you must enter a guilty or not guilty plea, and doing so without legal guidance could mean making a decision without fully understanding the consequences.
A Batavia drug DUI lawyer at Ernst & Associates can build a strong defense while also reviewing any offers from the prosecutor. If you need legal support after a driving while impaired arrest, call us today to schedule a free consultation.