How to Move for Dismissal for OVI in Ohio

If you are going to drive in Ohio, you should understand the laws when it comes to driving and/or operating under the influence (DUI/OVI) of drugs or alcohol. Individuals who face OVI charges can expect penalties including fines, potential jail time, and driver’s license suspensions.

As with any type of criminal or traffic charge, there are steps you can take to help protect and defend yourself.  Your first action should be reaching out to a Columbus OVI lawyer like Attorney Colin Maher. Having an experienced defense lawyer puts you in the best position to achieve positive results.  That being said, a Defendant can choose to represent themselves.

Disclaimer: The following is not intended as legal advice, it is general information meant to inform. Please contact The Maher Law Firm for legal advice and guidance related to your specific case.

How to Move for Dismissal for OVI in Ohio

An OVI charge is a serious charge in Ohio, but you can request to have the charges dismissed in a few different ways.

How Do I Get My Ohio OVI Dismissed?

To get your Ohio OVI dismissed, you must ask for it.  The reasons for the dismissal typically involve substantial procedural or constitutional violations like:

1. An invalid traffic stop: If you are being charged with an OVI, you were most likely pulled over by a police officer. Traffic stops typically happen if an officer believes that you were driving in a way that indicates that you were not sober, such as swerving, ignoring traffic lights, or generally strange behavior while driving. If an officer did not have probable cause to pull you over or failed to carry out another step of the traffic stop correctly, you may be able to establish that the stop was invalid.
2. Issues with testing methods: There are certain tests that the police can administer to determine a driver’s intoxication levels including field sobriety tests and breathalyzer tests. At times, these testing methods may be proven to be faulty, to have been conducted in a manner that does not align with state or federal guidelines, or if they were not given with proper instruction.

Asking for the dismissal is usually done through a motion to suppress.

What is a Motion to Suppress OVI in Ohio?

A motion is basically a request for the court to take some type of action.  A motion to suppress asks the court to disallow the use of certain evidence based on some type of improper procedure. This violation might fall under statutory, constitutional, or administrative rules/laws. Any evidence that is suppressed cannot be used at trial.  Wouldn’t it be helpful if the Prosecutor couldn’t use a breath test that said you were twice the legal limit?

While some arguments may be worthy of having a suppression hearing, many are more appropriate when negotiating a reduction of the charge(s).

How Do I Get My OVI Reduced in Ohio?

While complete dismissals are rare, one can still negotiate with the Prosecutor for a reduced charge.  Reasons that may help support a reduced charge include:

• First OVI offense
• No accident
• No prior drug/alcohol issues
• Blood alcohol level barely over the legal limit
• Lack of sufficient evidence

Contact an Experienced Columbus OVI Lawyer

Columbus OVI lawyer Colin Maher has well over 10 years of experience helping people accused of crimes and traffic violations. While some violations could be handled on your own, it is best to have the representation of an experienced Columbus OVI lawyer when charged with drinking and driving. Contact attorney Maher for a free quote by calling 614-205-2208 or by reaching out online.