October 21, 2025 | DUI
If you’ve been charged with drunk driving in Ohio, you’re probably wondering what comes next and whether you have any options for defending yourself. The good news is that even if your situation feels hopeless, there are often legal defenses that can lead to reduced penalties or even a complete dismissal of your charges.
Ohio’s drunk driving laws are strict, but the prosecution still bears the burden of proof. This means they must show beyond a reasonable doubt that you were impaired or that your blood alcohol concentration (BAC) was above the legal limit.
If the police made procedural errors or if there’s doubt about the accuracy of the evidence, your attorney may be able to challenge the case against you successfully. Keep reading to learn more about potential defenses that could come into play in your drunk driving case.
Ohio’s OVI Laws
In Ohio, drunk driving charges fall under the offense of Operating a Vehicle Impaired (OVI), sometimes also called DUI or DWI in other states.
You can be charged with OVI if:
- Your BAC is 0.08% or higher (0.02% for drivers under 21, 0.04% for commercial drivers).
- You’re found to be impaired by alcohol, drugs, or both, even if your BAC is below the legal limit.
An OVI conviction can result in jail time, license suspension, fines, and a permanent criminal record. The penalties will ultimately depend on various considerations, including whether there are any aggravating factors present.
Common Defenses You Can Raise Against Drunk Driving Charges in Ohio
A strong defense strategy starts with carefully reviewing how your arrest was handled. Every case is unique, but the following defenses are among the most common ones we see in Ohio OVI cases:
Lack of Reasonable Suspicion for the Stop
The police must have a valid reason to pull you over, such as swerving, speeding, or a traffic violation. If they stopped you without cause, any evidence obtained afterward, including breath test results, may be thrown out.
Improper Field Sobriety Tests
Officers must follow strict procedures when conducting field sobriety tests like the walk-and-turn or one-leg stand. If the officer failed to give clear instructions, for instance, or performed the test on slippery ground, your results may not be reliable.
Faulty Breathalyzer or Blood Test Results
Breath-testing devices require regular calibration and proper use. A malfunction or mistake by the officer can lead to false readings. Similarly, blood samples that are improperly stored or handled can become contaminated.
Lack of Probable Cause for the Arrest
Law enforcement must have probable cause to arrest you for OVI. If your behavior or test results didn’t justify the arrest, your lawyer can argue that the charges should be dismissed.
Violation of Your Constitutional Rights
You have the right to remain silent and to speak with an attorney. If police ignored these rights or questioned you without proper warnings, your statements might be inadmissible in court.
A qualified Ohio OVI defense lawyer will investigate whether any of these issues apply to your case and use them to challenge the prosecution’s evidence.
Contact an Experienced Ohio OVI Defense Attorney for a Free Consultation
A drunk driving arrest can be overwhelming, but remember that an arrest is not the same as a conviction. There are potentially many defenses available that can help you fight the charges, keep your license, and protect your future.
Contact a trusted Cincinnati OVI defense lawyer today to get started on your case with a free initial consultation. Our team at Suhre & Associates DUI and Criminal Defense Lawyers includes former police officers and prosecutors with the experience you need.
For more information, contact the DUI attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (513) 333-0014 or visit us at our Cincinnati Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Cincinnati
300 W 4TH St,
Cincinnati, OH 45202
(513) 333-0014
Our firm is located near you. We have an office in Cincinnati
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