January 20, 2023 | OVI
In Dayton, Ohio, if you are involved in an accident while driving under the influence of alcohol or drugs, you could face an OVI arrest on the day of the drunk driving accident or in the days following the car crash. It’s important to understand how long after an accident you could still be charged with an OVI, as this will help you with your next steps.
What Is the Statute of Limitations for Being Charged With an OVI?
The statute of limitations is essentially the time period that the state has available to file charges against you for any crime. Individuals accused of OVI or related crimes can face an extensive, lengthy investigation. The state typically has up to six years to file felony charges and two years for misdemeanors, allowing ample time to thoroughly review the evidence and results of any OVI accident and decide whether or not to pursue prosecution.
What Should You Know If You Are Being Investigated For Driving Under The Influence in Dayton?
You should know if the state is investigating your intoxicated driving incident relatively soon after it occurred. Typically, law enforcement will conduct their investigation within days of your crash and may contact you directly with information about potential criminal charges.
However, this does not mean that they are necessarily proceeding with criminal prosecution; it simply means that they are conducting an investigation into whether any criminal activity occurred during your incident.
In addition, law enforcement may also contact witnesses from your incident who can provide more insight into what happened during your crash and whether intoxication was a factor. Again, this does not necessarily mean that they are charging you but instead gathering evidence that could be used against you at trial should they decide they have enough evidence to proceed with criminal prosecution.
What Other Legal Action Could I Face?
In addition to potential criminal charges, you could also face civil action from those affected by your drunk driving accident. Generally speaking, civil lawsuits must be filed within two years from the date of the crash; however, it’s important to keep in mind that there could be exceptions that extend this deadline.
Depending on your specific circumstances, such as prior OVIs or other traffic-related offenses, you may also face additional penalties, such as license suspensions or revocations, or jail time if convicted of a crime related to the OVI accident.
Understanding Legal Defenses to OVI Charges
If you are facing an OVI charge and are looking for an attorney, understanding the basics of defenses to OVI charges is essential. Fortunately, there are many potential defenses available for those who are facing OVI charges in court. Some of the most common include the following:
Lack of Probable Cause
One of the most commonly used defense strategies when it comes to OVI cases is arguing that there was no probable cause for an arrest. In other words, this defense suggests that a police officer did not have sufficient justification for making an OVI arrest when they pulled someone over.
If the judge agrees that there was no probable cause for the arrest, any evidence obtained after the arrest should be inadmissible, including blood and breath results and incriminating statements.
Challenging Breathalyzer Tests
Another common defense in an OVI case is challenging breathalyzer results. It’s important to remember that breathalyzers are not infallible and can produce inaccurate readings due to factors such as improper calibration or user error.
An experienced attorney will be able to review the evidence and determine whether the results provided by a breathalyzer test should be considered reliable enough to use as evidence in court.
For example, if the test was administered incorrectly or if there were issues with the machine itself, then it may be possible to challenge its accuracy and get the results thrown out.
Medical Condition Defense
In some cases, individuals who are facing OVI charges may be able to argue that a medical condition caused their erratic behavior rather than alcohol consumption. This type of defense relies heavily on medical evidence, so it is important for those facing charges to consult with their doctors and provide any relevant records that could support their claim in court.
Improper Procedure Used During Arrest/Testing Process
Another potential defense for an OVI charge is that errors were made during the arrest or testing process. In some cases, officers may fail to read someone their Miranda Rights (which are designed to protect someone’s Fifth Amendment rights) prior to questioning them about their suspected impairment.
If this happens, then officers may not be able to use any incriminating statements made by an individual against them in court as evidence against them.
Schedule a Free Case Review With an Experienced Attorney for Legal Help
If you believe that there is any possibility that you may be facing criminal prosecution related to your intoxicated driving incident, you should immediately seek legal counsel from an experienced attorney who can advise and represent you throughout the process. Contact us today to schedule a free consultation.
Contact the Dayton Criminal Defense Attorneys at Suhre & Associates, LLC For Help Today
Suhre & Associates, LLC – Dayton
130 West Second Street, #310
Dayton, OH 45402