Posted on Monday, August 18th, 2025 at 9:00 am
A drunk driving conviction in Ohio can have severe consequences, from fines and jail time to higher insurance rates. The effects can be devastating, even for a first conviction. Fighting a DUI charge in Ohio is possible, but it’s not something you should face alone. You’ll need the right strategy and legal support to challenge the evidence and protect your future.
The Ohio drunk driving defense attorneys at Moermond & Mulligan, LLC have over 50 years of combined experience representing those accused of crimes. We know prosecutors’ strategies in drunk driving cases and how to combat them. We can explain the details of Ohio’s drunk driving laws and craft a defense tailored to your situation—because the importance of fighting your DUI charge can’t be overstated when your license, record, and freedom are on the line.
Understanding DUI and OVI in Ohio
In casual conversation, most people say “DUI” (driving under the influence) to refer to the offense of drunk driving. However, the technical legal term in Ohio is “operating a vehicle under the influence,” or “OVI.” Specifically, the law defines this offense as driving a car under the influence of alcohol or a “drug of abuse.”
There are two main ways that the police can arrest you on suspicion of drunk driving. The first is if they see you driving in a way that suggests you’re impaired. For example, they might see you following too closely, drifting in your lane, or driving far below the speed limit. It is illegal to drive with any amount of alcohol or drugs in your system if you can’t handle a car safely. Therefore, visual or other evidence of drunk driving can be enough to warrant an arrest.
The more common approach the police take in these cases is to pull you over and conduct a preliminary breath test. This test, combined with other evidence like field sobriety tests, might be enough to take you into custody. Field sobriety tests include asking you to balance on one leg, recite the alphabet backwards, etc.
Once you’re in police custody, they can conduct a formal chemical test to determine your blood alcohol concentration (“BAC”). If your blood or breath sample shows a BAC of 0.08 percent or higher, they’ll arrest you. That’s because, under the law, anyone with a BAC of 0.08 or higher is too impaired to drive a car safely.
Legal Defenses for DUI/OVI Charges
Knowing the basics of Ohio’s DUI laws and police testing procedures is vital because details matter in these cases. Scrutinizing the evidence and knowing when the police may have violated your rights can help you challenge your charges. Common defense strategies in Ohio DUI/OVI cases include:
- Unlawful traffic stop – If the police didn’t have a valid reason to pull you over, you can argue to dismiss your charges.
- Improper field sobriety tests – Officers must follow strict rules when administering field sobriety tests. Poor instructions or uneven ground can lead to inaccurate test results, and you can point out these errors to weaken the case against you.
- Faulty breath test equipment – The police properly calibrate and maintain breathalyzers and other testing equipment. Otherwise, the results might be unreliable or inadmissible. Your lawyer can examine the testing equipment to see if it was in good order.
- Medical conditions affecting BAC readings – Diabetes, acid reflux, or specific diets can cause falsely high breath alcohol readings. Pointing out these conditions can weaken the case against you.
- Violation of Miranda rights – If police questioned you without reading your rights, you can argue to have your statements excluded from the case.
- Improper administration of chemical tests – Blood and urine tests must follow specific procedures. Your attorney can look for errors that could make the test results invalid.
- Witness credibility issues – If the arresting officer or witnesses give conflicting or questionable testimony, your defense lawyer can argue that prosecutors have insufficient evidence for a conviction.
- Weather or road conditions – Poor lighting, wind, or road surfaces may explain poor driving or failed sobriety tests without alcohol being involved. A skilled attorney can show how these road conditions affected you to demonstrate that you did nothing wrong.
Challenging Evidence in DUI/OVI Cases
Challenging evidence from breathalyzer or field sobriety tests is a common way to fight Ohio OVI charges. Some methods for challenging the evidence against you include:
Disputing the Officer’s Observations
Officers often cite signs like bloodshot eyes, slurred speech, or the smell of alcohol to justify an arrest. However, these physical signs aren’t always the result of drinking. For example, allergies, fatigue, or some illnesses can mimic signs of intoxication. If other explanations exist, your lawyer may challenge the officer’s interpretation of what they saw or heard.
Disputing Field Sobriety Tests
These tests rely on the officer’s judgment, and the police must administer them correctly. If they gave unclear instructions or performed the tests in poor conditions, your lawyer can challenge the results. Medical issues, fatigue, or nervousness may also affect your balance or coordination.
Challenging Breath Test Results
Roadside breath tests aren’t reliable, but chemical tests at police stations are more accurate. However, chemical tests are precise only if the equipment is appropriately maintained and calibrated. Mouth alcohol, burping, or recent mouthwash use can also produce high readings. Your lawyer can look into these issues to cast doubt on the accuracy of the breath test.
Examining Blood Tests
Lab procedures must follow strict rules to evaluate blood tests. Any storage, labeling, or analysis mistakes could affect the test results, weakening the case against you. Your attorney can also challenge the evidence if there are chain-of-custody errors, such as improperly handled samples.
Reviewing Video Evidence
Dashcam or bodycam footage may not match the officer’s report of your actions or driving behavior. If the video footage shows calm and coordinated behavior, that evidence can help your case.
Contact Our Cincinnati OVI Defense Lawyers
Don’t risk losing your driving privileges or the other consequences of an OVI conviction in Ohio by hiring the wrong lawyer. Moermond & Mulligan, LLC knows these cases inside and out, and we can find the best approach to help you avoid harsh penalties. Call our team at (513) 421-9790 or complete our contact form for a free consultation.
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Written By: Moermond & Mulligan, LLC
Last Updated: 08-12-2025