District Attorneys use many techniques to prosecute DUI cases. These techniques vary depending on the evidence obtained by the police. Jeremiah Denslow uses 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 charges reduced.
Top Ohio DUI lawyers know that police officers, sheriff’s deputies and state highway patrolman cannot arbitrarily stop Ohio DUI/OVI drivers. Rather, in order to conduct a lawful traffic stop in an Ohio DUI/OVI case, the officer must be able to provide reasonable articulable suspicion that a DUI/OVI occurred. If the officer cannot provide that in court, the entire DUI/OVI case will most likely be dismissed. Experienced Ohio DUI defense lawyers know this defense and will evaluate each case to see if it is applicable.
Top Ohio DUI lawyers know that many traffic stops occur because the police officer, sheriff’s deputy or state highway patrolman observes the suspected DUI/OVI driver drifting back and forth within a single lane, perhaps with the tires even touching the outer perimeter of the lane. Courts have ruled that this doesn’t usually rise to the reasonable suspicion necessary to justify an Ohio DUI/OVI traffic stop, depending on the distance and significance of the weaving.
The best Ohio DUI lawyers know that after conducting the roadside DUI/OVI investigation, the officer, sheriff’s deputy or state highway patrolman can only arrest a driver if he has “probable cause.” Probable cause is a legal standard that means there is enough evidence for a reasonable person to believe that an Ohio DUI/OVI has probably been committed. If the court finds that the officer lacked probable cause to arrest the driver, the entire DUI/OVI case has a chance of being dismissed. A good Ohio DUI defense lawyer know this defense and will evaluate each case to see if it is applicable.
Through experience, most Ohio DUI lawyers know that police officers, sheriff’s deputies and state highway patrolmen generally ask a driver how much he’s had to drink if they are investigating an Ohio DUI/OVI. Unfortunately, DUI/OVI drivers can sometimes be their own worst enemy when answering honestly rather than exercising their right to remain silent. Even when DUI/OVI drivers make incriminating statements the statements may be inadmissible in court. Why? Because officers are required to advise a driver of his Miranda Rights if (1) the officer takes the Ohio DUI/OVI driver into custody; and (2) the officer asks the Ohio DUI/OVI driver questions seeking to elicit an incriminating response. If the officer does not provide the Ohio DUI/OVI driver with the Miranda warnings, any statements made to the officer will generally be inadmissible in court, and the case will generally be much harder to prosecute without the use of his statements against him. The best Ohio DUI defense lawyers know this defense and will evaluate each case to see if it is applicable.
Good Ohio DUI lawyers understand that when a police officer, sheriff’s deputy or state highway patrolmen sees a certain type of traffic offense in Ohio, he may initially assume the driver is intoxicated. Some examples include swerving, making a wide turn, reckless driving and drifting. However, there are many reasons drivers make these mistakes that have nothing to do with drinking and driving. Sometimes, people are distracted by other people in the car or their children. Other times, drivers are distracted by a mobile phone or iOS device. While these distractions may cause a driver to commit a traffic offense, clearly it doesn’t mean they are intoxicated. If there is another reason a driver committed a traffic violation that is not related to alcohol, the court is likely to dismiss a driver’s DUI/OVI case. The best Ohio DUI defense lawyers know this defense and will evaluate each case to see if it is applicable.
As an experienced Ohio DUI lawyer, I see that it’s very common for a police officer, sheriff’s deputy or state highway patrolman to report a smell of alcohol “on or about” the Ohio DUI/OVI driver’s person or breath. However, most people don’t know that alcohol itself (ethanol) has no odor, but rather the additives and flavors that contain the smell that people associate with liquor. Further, studies show that an officer’s perception of how a driver’s breath smells like alcohol simply doesn’t correlate with that DUI/OVI driver’s actual blood alcohol content (BAC). In fact, the only thing that the odor of alcohol tells an officer is that an Ohio DUI/OVI suspect, or even someone in his car, probably consumed some alcohol recently. It does not necessarily mean that the DUI/OVI driver drank enough to be impaired. An experienced Ohio DUI defense lawyers know this defense and will evaluate each case to see if it is applicable.
Ohio DUI lawyers with experience have seen cases where a DUI/OVI suspect looks to be driving legally, below the .08 threshold, but takes a breathalyzer at the police station an hour later and blows a .13, well over the legal limit? Why? Because alcohol takes time to be absorbed into an Ohio DUI/OVI driver’s bloodstream. It can take less than an hour, but as long as three hours, to be fully absorbed and create peak blood alcohol content (BAC) level. This is a critical issue if the Ohio DUI/OVI traffic stop occurred shortly after the driver stopped drinking.
Imagine a situation where the Ohio DUI/OVI driver is heading home from work and stops at a bar for a quick drink. He walks in, drinks a beer, slams a few shots of whiskey, pays his tab and is out the door and back in his car within ten minutes. This person’s BAC was clearly still rising as he left the bar, which would mean he was almost certainly below .08 when he started driving. If an officer pulled him over for an Ohio DUI/OVI offense as the driver left the bar parking lot, he was almost certainly driving legally at that time.
However, by the time the officer goes through the three stages of the Ohio DUI/OVI investigation, arrests the driver, takes him back to the station and gives him a breath test an hour later, the driver’s blood alcohol content (BAC) would have risen significantly by that time. It is likely the driver would test over the legal limit at that point. However, there is no law in Ohio against having a blood alcohol content above .08 at a police station; it’s only the blood alcohol content while the DUI/OVI driver is on the road that counts for a DUI. The top Ohio DUI defense lawyers know this defense and will evaluate each case to see if it is applicable.
A good Ohio DUI lawyer knows that the driver in a DUI/OVI investigation must be observed carefully for twenty minutes prior to taking a breath test. Why? So the suspected DUI/OVI driver doesn’t ingest anything that could cause a false reading on the breath test. For example, “mouth alcohol” is a widely-known cause of inaccurate readings on virtually all breath testing devices. The officer must make sure that during this period the Ohio driver does not consume anything, burp, belch, hiccup or regurgitate. Have you ever sat and stared at someone for fifteen consecutive minutes? It’s not easy. Instead, officers quite often review paperwork, write reports, set up the breath testing machine and chat with their peers during this twenty minute period. Unfortunately, these tasks takes their attention away from the suspected Ohio DUI/OVI driver and they don’t comply with the observation requirement. If the court finds that officers failed to follow these clear procedures, there is a serious question as to the validity of the breath testing results and the case may be dismissed. Experienced Ohio DUI defense lawyers know this defense and will evaluate each case to see if it is applicable.
The National Highway Traffic Safety Administration (NHTSA) has established national standards for the manner in which DUI/OVI officers are required to administer the three standardized field sobriety tests. Top Ohio DUI lawyers know the tests are: (a) the Horizontal Gaze Nystagmus; (b) the Walk-and-Turn; and (c) the One-Leg Stand. However, Ohio DUI/OVI officers often fail to adhere to these national guidelines. Many of the officers fail to obtain training on the NHTSA guidelines which can make it easier for a skilled Ohio DUI lawyer to challenge the officer’s entire DUI investigation. A very important part of the field sobriety testing is the instructions that the officer is required to provide to the suspected DUI/OVI driver. If the instructions are not given correctly, the test results can be invalid and the court may dismiss the case. A good Ohio DUI defense lawyer knows this defense and will evaluate each case to see if it is applicable.
Ohio DUI lawyers know that the National Highway Traffic Safety Administration (NHTSA) has established national standards for the manner in which DUI/OVI officers are required to administer the three standardized field sobriety tests. The tests are: (a) the Horizontal Gaze Nystagmus; (b) the Walk-and-Turn; and (c) the One-Leg Stand. However, Ohio DUI/OVI officers often fail to adhere to these national guidelines when scoring a driver’s performance on the tests. Top Ohio DUI defense lawyers know this defense and will evaluate each case to see if it is applicable.
Experienced Ohio DUI lawyers see that it is extremely common for law enforcement to report that a driver performed poorly on the field sobriety tests and uses that performance to support his conclusion that the driver is impaired. The fallacy in this type of conclusion is how the officer quantifies “poorly.” In other words, how would the officer know how the suspected DUI/OVI driver performed the tests on the day in question without knowing how the driver would perform normally—even without a single drink of alcohol?
As with all physical and mental endeavors, people vary tremendously in their natural ability, or inability, to perform well on tests that involve cognitive and physical performance. How well a given person performs the field sobriety tests depends on many factors, including their natural level of coordination and equilibrium, natural level of balance, fitness level, composure in the face of pressure, injuries, age and practice, among others. Thus, for Ohio DUI/OVI drivers who perform poorly on the tests when they’re sober, it doesn’t make a lot of sense to say their poor performance to is a valid barometer of intoxication. The best Ohio DUI defense lawyers know this defense and will evaluate each case to see if it is applicable.
Top Ohio DUI lawyers understand that performance on the DUI/OVI field sobriety tests can be influenced by many factors. For example, the following factors can cause poor performance in field sobriety testing:
Ohio DUI lawyers with experience defending DUI cases see that the non-standardized field sobriety tests in Ohio DUI/OVI cases are as varied as an officers imagination, however, these tests often contain minimal correlation between performance and impairment. Some examples of non-standardized DUI/OVI field sobriety tests include: (a) the finger-to-nose test, (b) the alphabet test; (c) the finger counting test; (d) the reverse counting test; and (e) the Rhomberg test (a test where a driver tilts his head back and estimates the passage of 30 seconds). As opposed to the standardized Ohio DUI/OVI tests, the National Highway Traffic Safety Administration (NHTSA) has not established standards for how to administer, score or interpret these tests. They are simply not reliable indicators of DUI/OVI impairment. A good Ohio DUI defense lawyers know this defense and will evaluate each case to see if it is applicable.
The best Ohio DUI attorney knows that even when officers administer standardized field sobriety tests perfectly, which is extremely rare, they still provide an inaccurate measure of whether an Ohio DUI/OVI suspect is impaired. For example, according to NHTSA, the horizontal gaze nystagmus test only has a 77% accuracy rate. That means of every hundred people failing the test, almost 25% of them failed the test for reasons OTHER than impairment. Worse than that, the one leg stand test has a 65% accuracy rate and the walk-and-turn test a 68% accuracy rate.
A good Ohio DUI lawyer knows that many of the typical symptoms associated with drinking and driving can just as easily be explained by fatigue. Police officers often report that a suspected Ohio DUI/OVI driver has red and watery eyes, slow speech, bad driving and poor performance on field sobriety testing. While these may be common signs of intoxication, they are also common signs of fatigue and exhaustion. While driving while exhausted is never a good idea, it is not a criminal offense in Ohio like DUI/OVI. Experienced Ohio DUI defense lawyers are familiar with this defense and will evaluate each case to see if it is applicable.
Ohio DUI lawyers can tell you that when used properly, Ohio DUI/OVI breath testing machines detect alveolar air of the deep lungs, which is generally correlated with blood alcohol content (BAC). Unfortunately, most Ohio breath testing devices can be fooled if they pick up latent alcohol in the mouth, rather than deep lung air. Mouth alcohol is often caused by burping, belching, or the recent use of cough syrup, cold medicine, mouthwash or breath spray. When the Ohio DUI/OVI breath testing machine picks up mouth alcohol rather than deep lung air, it gives a blood alcohol test significantly higher than the real BAC. This becomes a particular problem for drivers with dentures, denture adhesives, braces, cavities, food impactions, orthodontic work or those who have food particles trapped between their teeth. Good Ohio DUI defense lawyers understand this defense and will evaluate each case to see if it is applicable.
Many Ohio DUI lawyers have seen that in many Ohio drinking and driving investigations, police officers, sheriff’s deputies and State Highway Patrolman report observing certain “objective symptoms of intoxication.” The standard list includes slurred speech, bloodshot and watery eyes, unstable walking, inappropriate response to questions, unusual statements, and a red or flushed face. Some Ohio DUI/OVI police reports even feature pre-printed boxes for some of these symptoms where officers merely check a box. However, it’s problematic because causes unrelated to alcohol often explain these observations. For example, fatigue, allergies and eye strain cause bloodshot eyes. Nervousness, embarrassment and anger over the Ohio DUI/OVI traffic stop can cause a red face or flushing. Intimidation, fluster and mental health issues can cause slurred speech. Unfortunately, its uncommon for Ohio officers to give these innocent explanations any credibility. The top Ohio DUI defense lawyers are familiar with this defense and will evaluate each case to see if it is applicable.
The first thing that experienced Ohio DUI lawyers notice is that in many Ohio DUI/OVI cases, a police officer, sheriff’s deputy or state highway patrolman stops a suspected DUI/OVI driver for speeding. In the subsequent DUI/OVI report, the officer cites the driver’s speeding as an indication of impairment. However, national studies reveal that speed is not an indication of intoxication. A speeding driver is no more likely to be drunk than he is to be sober. The best Ohio DUI defense lawyers are familiar with this defense and will evaluate each case to see if it is applicable.
The best Ohio DUI defense attorneys realize that police officers who handle Ohio DUI/OVI cases on a regular basis often suggest that their training and experience gives them a special ability to discern when a DUI/OVI suspect is under the influence. In court, the prosecuting attorney then asks the judge or jury to defer to the officer’s opinion of the suspected DUI/OVI driver being impaired. While great in theory, it’s simply not accurate. A controlled study by Rutgers University’s Alcohol Behavior Research Laboratory found that an Ohio officers’ ability to judge intoxication level is no more accurate than that of a bartender or social drinker. Moreover, none of the three groups, be it experienced DUI/OVI police officers, bartenders or social drinkers, correctly judged levels of intoxication more than a quarter of the time. Experienced Ohio DUI defense lawyers understand this defense and will evaluate each case to see if it is applicable.
The best Ohio DUI lawyers know that these medical conditions can occur when stomach acid flows back into the esophagus and are sometimes generically called reflux. During reflux, other contents of the stomach may flow back into the esophagus, as well. While reflux generally affects the esophagus, it is not uncommon to carry stomach contents all the way into the back of the mouth. When this happens after a person drink alcohol, it causes inaccurately high readings on Ohio DUI/OVI breath testing machines due to mouth alcohol. If a suspected DUI/OVI driver experiences reflux when he exhales into a DUI breath testing device, regurgitated alcohol from the stomach will mix with alcohol from the lungs and lead to a falsely high reading of blood alcohol content (BAC). This problem is not limited to drivers who suffer from regular or chronic reflux. Suspected DUI/OVI drivers who recently ate a big meal, a greasy meal or a spicy meal may experience acid reflux or heartburn. If you take an Ohio DUI breath test just after such an activity, the results may be erroneously high. The berst Ohio DUI defense lawyers are familiar with this defense and will evaluate each case to see if it is applicable.
The best Ohio DUI lawyers know that even if maintenance and calibration of the Ohio DUI/OVI testing machines are perfect and the breath or blood test is administered exactly according to procedure, there is still an inherent and accepted error rate in the testing. Further it exists for both blood and breath testing procedures in Ohio DUI cases. Most experts agree the inherent error rate is about +/- .02 for DUI/OVI breath testing and +/- .005 for DUI/OVI blood testing. While this inherent error rate isn’t significant in a lot of cases, if an Ohio DUI/OVI driver’s test is barely above the legal limit, it can be a valid reason to get the case dismissed. Experienced Ohio DUI defense lawyers understand this issue and will evaluate each case to see if it is applicable.
Good Ohio DUI lawyers know that a suspected DUI driver on a low-carb diet may have an inaccurately high blood alcohol reading from the Ohio DUI/OVI breath testing device in. On a high-protein diet, the body goes into a state called ketosis as it burns stored body fat for energy. Consumption of carbohydrates during ketosis, including alcoholic beverages, can cause the body to produce a substance called isopropyl alcohol. Unfortunately, most Ohio DUI/OVI breath testing machines cannot distinguish isopropyl alcohol from ethanol which is the alcohol people drink that causes impairment. As a result, suspected Ohio DUI/OVI drivers on a low-carb diet often test inaccurately high on breath tests. The best Ohio DUI defense lawyers understand this concept and will evaluate each case to see if it is applicable.
Top Ohio DUI lawyers understand that alcohol concentration in blood can go up over time because of the fermentation process. If you consider how the sugar in grapes ferments into wine, the sugar in grains ferments into beer, and the sugar in potatoes ferment into vodka, the sugar in blood – “blood sugar” – can ferment into alcohol. In cases where the suspected Ohio DUI/OVI driver submits to a blood test to determine his blood alcohol content, you would want to ensure to re-test the sample and ensure this phenomenon did not occur. A good Ohio DUI defense lawyer will be familiar with this defense and will evaluate each case to see if it is applicable.
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.
