Top OVI & DUI Lawyer in Columbus, OH

In the first instance the officer may observe speeding, failure to signal, a broken light, failure to abide by a traffic signal, or other traffic violation. Based on the officer’s observation a stop is initiated and either the traffic violation itself (such as lane violation or “swerving”) leads the officer to further investigate for OVI or behavior following the traffic violation leads to the OVI investigation. Either way the officer will almost always need factors beyond a single traffic violation to substantiate an OVI arrest. Most often these additional factors include the officer detecting an odor of alcohol, bloodshot eyes, slurred speech, an admission to drinking, trouble pulling over, or inability to provide direct answers to the officer’s initial questioning. Other factors appear less frequently and could be completely unique to the individual case. In these cases the officer must obtain these additional behaviors prior to expanding the investigation beyond that of the original stop.

The second reason law enforcement can conduct an OVI stop because the officer has a reasonable suspicion that a driver is operating a vehicle while under the influence of drugs or alcohol. In this context of OVI stops this is most often seen in instances of repetitive lane violations (even swerving within your lane), driving too slowly, drifting back and forth, accidents, etc. In these instances, the officer may have a reasonable suspicion of OVI prior to actually initiating the stop or coming into contact with the driver. Although the officer almost always has additional factors attributable to OVI prior to asking the driver to exit the vehicle, he need not.

The HGN is the most misunderstood and misemployed of the three FST’s. The officer has the suspect stand upright, or in some cases sit, while maintaining a still head while following a stimulus (such as a fingertip or pen) with their eyes only. The officer then moves the pen from side to side (horizontally) while looking for minute jerking of the eyeballs. The officer looks for these movements in three separate contexts: 1.) lack of smooth pursuit; 2.)onset of nystagmus prior to the eye reaching an angle of 45 degrees; and 3.) distinct and sustained nystagmus at maximum deviation. The jerking, referred to as nystagmus, is often described as a marble rolling across sandpaper as compared to rolling across glass. The officer will almost invariably claim to have observed some nystagmus while looking for six clues (the three listed above in each of the suspect’s two eyes). These tests require an experienced lawyer to challenge as the clues the officer will have allegedly observed cannot be seen on video. Therefore a successful challenge to these tests will be based the attorney’s ability to undermine the officer’s training and the execution of the test itself.

The Walk-and-Turn test consists of the suspect taking nine heel-to-toe steps down a real or imaginary line and performing a turn before taking nine heel-to -toe steps back. The officer is looking for eight possible clues: 1.) moving feet to keep balance while listening to instructions; 2.) starting before instructions are completed; 3.) stopping while walking; 4.) not touching heel to toe; 5.) raising arms six inches or more to keep balance; 6.)stepping off the line; 7.) turning incorrectly; and 8.) incorrect number of steps. Often these tests and the alleged clues can be seen on video and the suspect’s performance can be independently gauged to challenge the officer’s conclusions.

The One Leg Stand consists of the suspect standing in a rigid, straight leg stance while lifting a foot six inches off the ground. The suspect is to stare at their toe and count from “one thousand one” to “one thousand thirty.” The officer looks for clues as to whether the suspect: 1.) swaying while balancing; 2.) raising arm six inches or more while performing the test; 3.) putting a foot down; and 4.) hopping. Like the HGN and Walk-and-Turn tests, the One Leg Stand can often be successfully challenged by an experienced attorney.

Some officers will employ other tests such as asking the suspect to recite certain portions of the alphabet without signing, and counting backwards between certain numbers, among others. Most agencies stick to the core three NHTSA FST’s. However, a solid defense requires familiarity with various other tests that are employed by some officers and agencies.

Law enforcement agencies in Ohio have increasingly used urine and drug tests to prosecute OVI cases. Most often these are used in cases where drug use is suspected either because of indications the officer claims to have observed through the arrest process or because a subsequent breath test seems disproportionally low in relation to the degree of impairment the officer has observed. In the latter case the urine or blood test usually follows a prior breath test.

Additionally, judges throughout the state have begun to more readily grant search warrants for blood draws. More often than not forced blood draws will occur in cases where the suspect is unconscious, a repeat offender, or in other unique circumstances.

Many people feel that once they have tested in excess of the per se levels there is nothing a lawyer can do to fight the charge or minimize penalties. This simply is not true. There are a number of procedural and technical aspects to testing that can be successfully challenged by an experienced attorney. Furthermore, charges and/or penalties can often be negotiated favorably for a client by an attorney who knows how to approach the prosecuting attorney regarding your particular case.