50 Potential Problems to Look Out For in Your OVI/DUI Case

If you are facing an OVI charge in Ohio, you may be feeling overwhelmed and unsure of what lies ahead. The truth is, there are numerous factors that can impact the outcome of your case, and being aware of these potential issues can make all the difference. In this post, we will explore 50 possible problems that could impact your OVI case, from faulty breathalyzer tests to improper police procedures. By being informed and prepared, you can work with your attorney to build the strongest defense possible and protect your rights.

So let's dive in and discover what to watch out for in an Ohio OVI case.

1. Lack of reasonable suspicion for the initial stop.

2. Lack of probable cause for the arrest.

3. Failure to read Miranda rights.

4. Improper administration of the breathalyzer test.

5. Inaccurate results due to medication, diet, or medical conditions.

6. Improperly conducted field sobriety tests.

7. Unlawful search of the driver's vehicle.

8. Failure to properly inform the driver of the consequences of refusing a chemical test.

9. Failure to properly inform the driver of their right to an independent chemical test.

10. Coercion or intimidation into submitting to a chemical test.

11. Failure to properly administer the chemical test within a reasonable time after the driver was stopped.

12. Improper admission of breathalyzer or blood test results into evidence.

13. Failure to follow proper protocol for administering and recording field sobriety tests.

14. Unlawful extension of the traffic stop beyond its original purpose.

15. Operating a vehicle on private property and not subject to OVI laws.

16. Medical condition affecting driver's behavior or speech, rather than alcohol or drugs.

17. Improper search of the driver's person, such as a strip search.

18. Coercion into making incriminating statements.

19. Faulty witness statement leading to the traffic stop.

20. Probable cause based solely on the odor of alcohol or drugs.

21. Probable cause based solely on the driver's appearance, behavior, or speech.

22. Unlawful stop based on racial profiling.

23. Violation of the driver's Fourth Amendment rights by conducting an unreasonable search or seizure.

24. Failure to properly maintain and calibrate testing equipment.

25. Improper handling or storage of blood or urine samples.

26. Failure to properly train officers on the administration of field sobriety tests.

27. Lack of documentation or recording of the traffic stop and subsequent tests.

28. Inconsistencies in the police officer's testimony.

29. Failure to obtain a warrant for the blood or urine test.

30. Lack of probable cause for the warrant to obtain the blood or urine test.

31. Failure to properly administer the blood or urine test.

32. Inaccuracy of the blood or urine test results.

33. Failure to properly preserve the blood or urine sample.

34. Inadequate chain of custody of the blood or urine sample.

35. Failure to properly analyze the blood or urine sample.

36. Lack of correlation between the chemical test results and the driver's actual impairment.

37. Inaccuracy of the field sobriety test results.

38. Failure to properly train officers on the administration of the chemical test.

39. Improper handling or storage of the chemical test results.

40. Inadequate maintenance or calibration of the breathalyzer machine.

41. Inadequate documentation of the breathalyzer test results.

42. Failure to provide the driver with the opportunity to take a blood or urine test.

43. Failure to properly document or preserve the results of the field sobriety tests.

44. Failure to properly administer any other tests or assessments.

45. Lack of evidence to support the charge of OVI.

46. Inconsistencies between witness statements and police reports.

47. Inconsistencies in the police officer's testimony.

48. Lack of physical evidence to support the charge of OVI.

49. Lack of probable cause to extend the traffic stop.

50. Lack of probable cause to initiate the traffic stop in the first place.

Contact us today for a free telephone consultation to discuss your case and how we can best support you. Don't wait, let us help you navigate the complexities of OVI law and protect your rights.