If you get charged with an OVI in Ohio, you’ve been accused of operating a vehicle while under the influence. This likely means that the police believe you were drinking alcohol before driving, and they may have even given you a breath test showing that you were over the legal limit.
Naturally, you’re wondering what options you have. Some people make the mistake of thinking that you don’t have any defenses once that breath test has been taken. But you may still have some options.
When was the breath test calibrated?
The first thing to ask is if the breath test was calibrated correctly and properly maintained. If certain tests were not performed or calibration wasn’t done on the right schedule, that could call into question the results of the test.
Was the officer trained?
You also want to know if the officer was ever trained to use the breath test that they gave you. Could it be that they made a mistake, and that led to the high reading?
Were you pulled over for a reason?
Another thing to consider is the fact that police also need to have probable cause to pull your vehicle over. The stop can’t be random. They either have to think you’re intoxicated from the way that you’re driving, or they need to see another driving error that can lead to a traffic stop. If they didn’t have a reason to stop you, even if you were over the legal limit, the judge might remove the evidence from the court.
As you can see, it’s very important to understand all the options at your disposal.