Arguments to exclude evidence on constitutional grounds largely depend on the particular facts of your case and prior case law. Finding the right case law, with the right facts, and in the proper jurisdiction is crucial to beating a DUI.

Our DUI Attorneys have the most sophisticated legal research technology available today. But, having this advanced technology means nothing if you don’t know how to use it. Many attorneys simply lack the technological proficiency required to conduct thorough legal research. Our attorneys will put their legal researching skills up against anyone in the business.

Also, legal research requires a lot of hard work. That is why some lawyers shy away from it. Some lawyers simply lack the desire to spend significant time in front of a computer reading case law and statutes. They instead attempt to rely on their cursory understanding of the law and their ability to smooth talk prosecutors, judges and clients to achieve success. While having the ability to “talk” has its place, talk is often cheap. Having controlling precedent to back up your “talk” is worth its weight in gold.

Suppressing DUI Evidence (Field Sobriety Tests / Breath Tests / Blood Withdraws / Urine Tests)

Police officers are trained to conduct Field Sobriety Tests in accordance with the NHTSA DWI Detection & Standardized Field Sobriety testing Student Manual. If the officer in your case failed to substantially comply with the NHTSA Manual, the Judge will not allow the officer to testify about the alleged results of the test at trial. The Manual is nearly 400 pages in length. Our DUI Attorneys know this Manual inside and out. They often know the Manual better than the officer who gave the tests. If the officer in your case made mistakes or simply did not know how to conduct the tests properly, you can bet that our OVI Attorneys will make the Judge well aware of it.

Furthermore, there are numerous rules and regulations governing the proper methods and procedures for conducting breath tests, blood withdraws, and urine analysis. If the officer or lab tech failed to substantially comply with these rules in your case, then the prosecutor probably will not be permitted to use the results of the test against you at trial.

(1) That you operated a vehicle; (2) In the Court’s jurisdiction; and (3) With a prohibited concentration of alcohol or drugs (or) While under the influence of alcohol, illegal drugs, or a combination of both.

Keep in mind the BAC results and Field Sobriety Tests may not be admissible evidence (see above).

What does under the influence mean in Ohio?

UNDER THE INFLUENCE. “Under the influence” means that the defendant consumed some (alcohol) (drug of abuse) (combination of alcohol and a drug of abuse), whether mild or potent, in such a quantity, whether small or great, that it adversely affected and noticeably impaired the defendant’s actions, reaction, or mental processes under the circumstances then existing and deprived the defendant of that clearness of intellect and control of himself/herself which he/she would otherwise have possessed. The question is not how much (alcohol) (drug of abuse) (alcohol and a drug of abuse) would affect an ordinary person. The question is what effect did any (alcohol) (drug of abuse) (alcohol and a drug of abuse), consumed by the defendant, have on him/her at the time and place involved. If the consumption of (alcohol) (drug of abuse) (alcohol and a drug of abuse) so affected the nervous system, brain, or muscles of the defendant so as to impair, to a noticeable degree, his/her ability to operate the vehicle, then the defendant was under the influence.