OVI / DUI & Traffic Defense

The most common criminal or “quasi-criminal contacts that a person has with the court system arise out of automobile related offenses. Representation by a knowledgeable attorney can prevent jail time, hefty fines, civil liability (being sued), and drivers license suspensions.  Sometimes even minor traffic offenses that appear to only carry the potential of fines and or “points” on a person’s drivers license can have other consequences that are avoidable such as license suspensions and increased insurance costs.

OVI, OMVI, DUI, DWI

While the name has changed over the years (starting with DWI, then DUI, then OMVI, and now OVI), an allegation of “drunk driving” is one of the most common offenses people encounter. Many people think that any attorney can handle this common offense but, in reality, it is a highly technical area of the law that is complicated by both the legislature’s constant tinkering through amendments (they have changed it 7 times in 6 years) and the ongoing changes in the case law (decisions of courts on unsettled nuances in ovi matters that then apply to future cases). When the various types of testing are introduced into the equation (Blood, Breath, and Urine) you have an area of law that demands the attorney keep up with the constant changes, be able to apply multiple areas of the law (traffic, constitutional, criminal, civil), and be able to apply the scientific principals, theory, and applicable testing standards behind the testing method utilized (if one was used) in the case.

Why Get a Lawyer for an OVI / DUI?

There are many opportunities and much potential for law enforcement to make mistakes or violate your rights.

The Stop

An OVI typically begins with a traffic stop. If the traffic stop is not valid then all the “evidence” collected by law enforcement after the stop can be suppressed so it cannot be used against you at trial.

Requesting Field Sobriety Tests Be Done

After a valid traffic stop, law enforcement must have a “reasonable articulable suspicion” to request that a person submit to field sobriety testing (more on “passing” those tests below). If law enforcement cannot meet this standard, the field sobriety tests cannot be used against you.

Conducting Field Sobriety Testing

Field Sobriety Tests (FSTs) have very specific guidelines that Law Enforcement must substantially comply with for the tests to be admissible and for them to be used as probable cause for arrest. These standards range from the appropriate conditions for testing, what must be said, specific questions that must be asked, what effect specific medical conditions have on testing, and how long the tests must take to name a few. An attorney that knows the tests well, to the smallest details, can identify mistakes and irregularities that display to the court that the “substantial compliance” standard was not met. This is done through analysis of reports, video, and through cross examination of law enforcement at suppression hearings.

Breath Testing (“Blowing”)

Breath Testing is a heavily regulated area with a vast amount of standards to adhere to. Operators and Calibrators must be properly certified, the machines must be calibrated at minimum time intervals, calibration solutions must be stored in certain ways, tests mus be done within certain time constraints, a plethora of standards must be adhered to in taking individual tests (these machines are not the simple devices that are often seen in bars that give instant readings for a quarter), and even if all that is done correctly the machine must be monitored for scheduled maintenance and unscheduled repairs (sometimes very major repairs) that took place around the time of your test.

Medical Issues

Your specific medical circumstance and physical limitations can cause both field sobriety testing and brethalyzation to be wildly inaccurate. Essentially a person can appear to be impaired when they are not and certain conditions can cause false increases in the BAC readings the machine generates.

Other Issues

While these are some of the major areas to look at, they do not create anywhere near an exhaustive list. There is specialized case law and established procedures regarding the handling of blood and urine when those testing procedures are utilized. Chains of custody must be established and maintained. Typical constitutional protections like Mirandizing (reading of rights) must be done appropriatly or verbal statements can be excluded. Issues with video (typically dash cameras) have recently caused some changes in the case law regarding due process violations. The list goes on and on.

WITHOUT A COMPETENT OVI ATTORNEY, YOU WILL NEVER KNOW IF THESE REGULATIONS WERE FOLLOWED, IF YOUR TEST (IF TAKEN) WAS ACCURATE, OR IF YOUR RIGHTS WERE VIOLATED. THIS CAN BE THE DIFFERENCE BETWEEN AN OVI, A REDUCTION, OR A DISMISSAL.

Common Questions and Misconceptions about OVI / DUI

If I took and failed the breathlyzer then why get a Lawyer?

As discussed above, the Breath Test is not an perfect machine, if it was not properly maintained, calibrated, the operators not current on their certification, there is an issue with the solution, or any number of other factors, your test may be invalid or inaccurate.

Also, in Ohio, the prosecution must prove that your BAC at the time of operation was above the legal limit, the machine does not give BAC at the time of operation, but at some amount of time after operation, time in which your body's level of alcohol has changed.

All brethalyzation devices have an inherent margin of error. Those used in the field, "Portable Breath Testers" (PBTs) are so unreliable they may only be used as probable cause to arrest and are inadmissable in Court. The machines that are set up at police stations actually have margins of error that range from +/- 005 to +/-003 depending upon model and year of manufacture. Most attorneys understand that there is a margin of error but incorrectly point to the calibration testing standards for that assertion.

Certain medical conditions can create inaccurate readings far above actual Blood Alcohol Content, this includes even common conditions such as GERD and some les common conditions such as esophageal ulceration.

Additionally, if you have had any of your rights violated PRIOR to taking the test then there is potential that the test can be excluded on those grounds as well.

Finally, there are very large legal differences between the test that you take in the field (commonly called the PBT) and the test taken on the BAC Datamaster at the station.

Without a Lawyer your chance of identifying and utilizing any of these things is very very low.

If I refuse the test then I will lose my license?

This is a true statement, however often lost in the shuffle is the fact that a test reading in excess of the legal limit will also trigger an immediate license suspension. The only was to test and not immediately lose your right to drive is to take the test and have it register below the legal limit.

I think I passed the Field Sobriety Tests (FSTs)

This is the number one misconception and one of the statements I hear most often when I sit down with clients. The FSTs are not based on some traditional grading scale where doing “pretty good” causes you to pass. The FST “grading scale” essentially starts at zero and then goes negative. Additionally the layperson does not realize what they are being tested on, the “indicators” that law enforcement is looking for during those tests go far FAR beyond “could he stand on one leg and count to thirty” and “did he take nine steps”.

These tests go so far as to "indicate" that the person is intoxicated if they are not standing in a specific way while they are listening to instructions for law enforcement.

Traffic Defense

Driving Under Suspension, No Operators License, Failure to Reinstate, FRA Suspensions, Insurance Suspensions, Permitting Unlicensed Operation

All of these offenses center around license issues. Attorney Bucher has represented clients in literally hundreds of these matters and can aid you in resolving these matters and, if needed, in getting valid.

Additionally, there have been recent changes in these areas of law so what appear to be very minor differences can actually be the difference between a potential 180 days in jail and community service. Attorney Bucher has remained in tune with the law as it evolved and can advise you accordingly.

Minor Traffic — Speeding, Running Stop Signs/Lights, Failure to Control, Assured Clear Distance, and other “Moving Offenses”

All of these offenses, amongst others, are offenses that carry “points”, are characterized as “moving violations” for insurance purposes, and are generally punishable only with a fine by the court.

An attorney can be useful in these matters as reductions can often be achieved which can reduce or eliminate points (which can prevent license suspensions) and/or amend charges to “non-moving” violations which in addition to carrying no points, also commonly do not cause increased insurance costs.

A small investment in an attorney in these matters can produce a good long term result on your driving record, decrease or eliminate points, and save you money on car insurance for years to come.

Truck Drivers / CDL Holders

Attorney Bucher understands how important every traffic citation is for you as your ability to drive truck dictates your livelihood. Attorney Bucher has done extensive work in this area for hundreds of CDL holders facing Ohio tickets.