This Blog is authored by Robert Healey, a Lawyer that limits his practice to DUI & OVI defense in Southwest Ohio. He is an associate at Suhre & Associates, LLC, and currently manages the DUI Office in Dayton, Ohio, where he attended law school.
So you made the best choice for non-CDL license holders. You refused the breath test in Dayton, Ohio.
This means that your OVI charge is limited to an alleged violation of 4511.19 of the ORC. The Prosecutor will have to prove that you were appreciably impaired since there is no test showing your alcohol level.
A breath test over the limit that is admissible at trial will presume you are guilty of DUI. Here we are left with the officer’s training observations and experience.
He cannot just testify that he thinks that you are drunk. He has to be able to reasonably articulate the factual observations he based that conclusion on.
The best way to defend against that OVI allegation is to gather all the evidence. Have a lawyer that limits his practice to DUI defense evaluate the case.
Then you want your DUI attorney to be able to successfully cross examine the officer at a hearing on the motion to suppress evidence.
A successful motion can uncover an officer that is inaccurate, unreliable, or generally confused about the facts of your case. Showing this to a Judge and Prosecutor will spell out how the case will likely resolve itself at trial.
This means you might be offered a plea you can’t refuse. The other option is that you know your chances at a trial if necessary.