District Attorneys Use Many Techniques
to Prosecute DUI Cases.
These Techniques Vary
Depending on the Evidence
Obtained by the Police.
I Use a Number of DUI Defense Strategies
that Can Help to Beat
the District Attorney's Case
These Strategies Can Also Help
to Get Your Case Dismissed or Reduced.
Find Out How Below.....
Despite the questionable accuracy of urine tests for alcohol and drugs, Ohio DUI/OVI law contains statutes, administrative regulations, and case law that allows for their use. The Ohio Department of Health has developed methods for collecting, handling, transporting, testing and storing urine samples yet they are still notoriously weak. While urine testing is permitted in Ohio DUI/OVI cass, scientists agree that they are the least reliable of the three chemical tests used in DUI/OVI cases and are no longer used in most states. If you have an Ohio DUI case, you should consider talking to a top Ohio DUI lawyer to see if he can get the case dismissed or reduced to a lesser offense. The penalties on these pages only apply to drivers who are convicted of DUI/OVI. An experienced Ohio DUI lawyer may be able to prevent that from happening by using one or more of the following DUI defense strategies.
The top Ohio DUI lawyers are aware that alcohol and drugs may remain in the urine long after they disappear from the blood and no longer affect a suspected DUI/OVI driver’s ability to drive. In fact, for analysis of drugs like marijuana, what is found in the urine is often an inactive metabolite of the drug and not the active drug itself. In the scientific community, urine testing is considered to be far less accurate than blood testing. An experienced Ohio DUI lawyer will review every case to see if this DUI defense technique is applicable.
Experienced Ohio DUI lawyers understand that One reason why urine testing is often unreliable is that the percentage of alcohol in the urine is not the same as in a suspected DUI/OVI driver’s blood. Scientists generally agree that the level of alcohol in urine is about 1.33 times the blood alcohol level. However, this number is an average, and an Ohio DUI/OVI driver can argue that this average is inapplicable to him. Some studies have shown that some suspected DUI/OVI drivers have alcohol levels only 50% as high in their urine as in their blood, while other drivers have nearly twice the alcohol content in their urine as in their blood. The best Ohio DUI lawyers will review every case to see if this DUI defense technique is applicable.
The best Ohio DUI lawyers know that one of the reasons that urine testing is discredited is the way in which the bladder functions. Urine is stored in the bladder and stays there until the bladder is emptied. Therefore, the content of the bladder is a mixture of continuously changing blood alcohol content. In this way, urine is not reflective of the true amount of alcohol in a suspected DUI/OVI driver that is causing impairment. This fact can work for or against the Ohio driver charged with a DUI/OVI, but it is inaccurate in either scenario.
Hypothetical #1: In this hypothetical scenario, the Ohio DUI/OVI driver stopped drinking alcohol many hours ago. Specifically, four hours before being stopped by police, the driver had four boilermakers in a one-hour period but hasn’t urinated since consuming the drinks. Because all of that alcohol has been collecting in the bladder, the DUI/OVI driver’s urine test results will likely be misleadingly high. That is, the DUI/OVI driver’s bladder may contain a high level of alcohol compared to his actual blood alcohol content. This error will work against the Ohio DUI/OVI driver.
Hypothetical #2: In this hypothetical scenario, the Ohio DUI/OVI driver drank a large quantity of water an hour before being stopped by police. However, just ten minutes before being stopped by police, the DUI/OVI driver consumed four shots of bourbon. In this situation, all of that alcohol very recently consumed will likely take some time to reach the bladder. Further, because of the diluting presence of the water already present, a urinalysis would clearly give a misleadingly low result. This error will work in favor of the Ohio DUI/OVI driver. The top Ohio DUI lawyers will review each case to see if this DUI defense technique is applicable.
Top Ohio DUI lawyers are aware that an Ohio driver who possesses a valid prescription for medication and takes the prescription legally can be charged if the police officer, sheriff’s deputy or state highway patrolman believes that the prescription impaired the driver’s ability to drive a vehicle safely. In other words, the suspected Ohio DUI/OVI driver may have had the right to possess and use the drug, but the driver does not have the right to operate a motor vehicle while impaired by the drug. Unfortunately, the use of urinalysis is far from perfect in determining whether the suspected Ohio DUI/OVI driver was impaired by the drug at the same time that he was driving. The best Ohio DUI lawyers will review every case to see if this DUI defense technique applies.
Good DUI lawyers are aware that the majority of scientific opinions have concluded that urine testing is not accurate to determine blood alcohol content. For example, the National Safety Council subcommittee on alcohol and drugs is composed of forensic scientists from throughout the United States of America. That subcommittee has overwhelmingly concluded that urinalysis is not an appropriate chemical test to use in DUI/OVI cases. Further, the Society of Forensic Toxicologists (SOFT) represents the largest peer organization in forensic toxicology. This group of forensic scientists indicates in its guidelines that urinalysis does not allow an evaluation of the effects of alcohol on human behavior. Ultimately, the scientific community in this country has concluded that alcohol in urine does not correlate to impairment. An experienced Ohio DUI lawyer will review every case to see if this DUI defense technique can be utilized.
The top Ohio DUI lawyers are aware of the following common reasons urine test results are excluded as evidence are as follows:
No Ohio DUI/OVI/drinking and driving arrest is perfect and the best Ohio DUI/OVI lawyers knows this. Most Ohio DUI/OVI investigations include a number of witnesses, including police officers and the personnel who collect, store and test chemical samples. These witnesses are human and they make mistakes. Further, most Ohio DUI/OVI investigations include a breath testing device or other testing equipment that is not always maintained according to current Ohio DUI/OVI regulations.
There are over 1 million laws in the United States. I am a top Ohio DUI/OVI defense lawyer who devotes his entire practice to ONE. Because of my experience and concentrated focus, I know the Ohio DUI/OVI laws better than most attorneys in the state. I am passionate about Ohio DUI/OVI defense and I get results, however, I only accept a limited number of clients. If you’re serious about your case and want a top Ohio DUI/OVI lawyer on your team, call me, the Ohio DUI Dude at 1-844-DUI-DUDE.