4 Ways To Avoid An OVI Conviction In Court

Are you facing charges for OVI? An OVI can be a serious charge that can result in fines, community service, license suspension, and even jail time. If you're facing an OVI charge you may be worried that you'll end up in jail or that you could lose your job or license.

The good news is that just because you are facing charges doesn't mean you'll be convicted. Charges for OVI are often reduced to lesser charges or dismissed entirely. Very often, once a flaw in the case is exposed, the prosecution decides not to move forward. The key is to find the flaw in the case. Below are three strategies your OVI attorney can use to challenge the charges against you:

Challenging the stop itself

One of the most common and effective strategies is to challenge the reason for the stop in the first place. For example, an officer may pull you over for running a red light. However, the officer's dash cam or cameras from nearby businesses may show that you didn't run a red light. If the reason for the stop can be successfully challenged, then all the charges from the stop can be thrown out.

Challenge the breathalyzer or blood test

The breathalyzer and blood test are two of the most important pieces of an OVI charge as they provide scientific proof that you were in fact intoxicated.  However, just because the test says you were drunk doesn't mean the test is correct. In many states, the breathalyzer machine has to be recalibrated every week. If the police department fails to do this, the results are invalid. Often officers need warrants to conduct a blood test and they must be administered by medical professionals. If the police officer fails to follow the proper process or the equipment hasn't been properly maintained, you may be able to challenge the test results.

Challenge the interrogation or roadside tests

Before going to a breathalyzer, the officer likely conducted an interview or some roadside tests. Before interrogating you, they must read you your Miranda rights. If the officer fails to do that, the interrogation is invalid. Similarly, some roadside tests are not permitted in certain states. If the officer conducted a roadside test that is not allowed, your attorney can challenge the charges. 

Very often, it does not take much of a challenge for the prosecution to either drop the charges or reduce them. They don't want to go through the time and expense of a trial in most cases. That's especially true if you did not cause an accident or injure anyone.

Contact an OVI attorney today to discuss your case. They can review the charges and help you fight them.