Ways to beat your DUI

Ways I Can Beat Your DUI / OVI

  1. ILLEGAL STOP OF PERSON OR VEHICLE – A driver cannot be stopped unless the officer has a reasonable and articulate basis to believe a law has been violated. An individual cannot be arrested unless a violation has occurred.
  2. ANONYMOUS REPORT OF DRUNK DRIVING – A motor vehicle cannot be stopped because an anonymous citizen reported the driver was intoxicated.
  3. WEAVING INSIDE MARKED LANES IS NOT ILLEGAL – Weaving without crossing marked lanes does not violate the law. A motor vehicle cannot be stopped for that reason.
  4. LACK OF PROBABLE CAUSE TO ARREST – A law enforcement official must have specific and articulable facts to support an arrest for DUI/OVI, or the arrest will be reversed and the evidence will be suppressed at trial.
  5. PRIVATE PROPERTY – A driver who has not operated a motor vehicle on a public highway cannot be arrested for drunk driving on private property.
  6. FAILURE TO PROVE DRIVING – An individual admitting to driving a motor vehicle, without more evidence, does not prove a charge of driving under the influence.
  7. ABSORPTION OF ALCOHOL AFTER DRIVING A MOTOR VEHICLE – The prosecutor must prove that the blood or breath alcohol was over the acceptable limit (.08%) at the time the individual was operating a motor vehicle. Any consumption of
    alcohol after the driving but before the arrest will not sustain a conviction.
  8. BAD OR INCLEMENT WEATHER – Weather conditions, including high winds, low visibility, rain, ice, etc. are options for a defendant to prove poor or improper driving or balance.
  9. INTERFERING SUBSTANCES – Many over the counter products (such as cough drops, inhalers used for asthma, paints, finger nail polish, etc.) contain forms of alcohol which can contribute to false blood alcohol results, rendering the results to be invalid.
  10. MEDICAL AND HEALTH PROBLEMS – Medical conditions with one’s arms, legs, back, neck, eyes and other conditions can affect the results of field sobriety tests, leaving the validity of the test results invalid.
  11. ILLEGAL SEARCH – A law enforcement official is prohibited from searching an individual or the individual’s motor vehicle for a minor traffic offense without the driver’s permission or probable cause. All evidence illegally obtained by the officer is not admissible in court.
  12. FIELD SOBRIETY TESTS IMPROPERLY ADMINISTERED – Field sobriety tests that are improperly administered are not valid evidence of intoxication (per the National Highway and Traffic Safety Administration).
  13. NON-STANDARDIZED FIELD SOBRIETY TESTS ARE INVALID – Neither the National Highway and Traffic Safety Administration (NHTSA) nor medical science consider counting in reverse, reciting the alphabet, or touching your finger to your nose as valid sobriety tests.
  14. STANDARD FIELD SOBRIETY TESTING INACCURATE – The one-legged stand is only 65% accurate in healthy individuals. The walk-and-turn test is only 68% accurate in determining if an individual is under the influence. Individuals with injuries, medical conditions, 50 pounds or more overweight, and 65 years of age or older cannot be validly judged by such tests.
  15. PORTABLE BREATH TEST IMPROPERLY ADMINISTERED – Manufacturers of portable breathalyzer equipment require a minimum of two tests to consider the results of such testing to be evidence.
  16. PORTABLE BREATH TEST INADMISSIBLE – Ohio law prohibits the use of portable breath testing results as evidence at trial in an DUI/OVI/OVI case.
  17. BREATH MACHINE NOT PROPERLY OPERATED – Failure to follow the specified protocols of the breath machine manufacturer in conducting breath tests will result in improper readings.
  18. BREATHALYZER MACHINE MALFUNCTIONS – Malfunction or repair of breath testing equipment within 62 days before or after a suspect’s breath test may render such testing invalid.
  19. BREATH TESTING IS INACCURATE – Most experts consider the taking of only one breath test to be unreliable.

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  20. FAILURE TO RECORD CERTIFICATION TESTS – Failure to include the value of the simulator solution used to test breath machines will cause test results to be inadmissible in court.
  21. FAILURE TO PRODUCE DISPATCH TAPES – Most motor vehicle stops as well as police communications regarding the arrest of an individual are recorded on dispatch tapes. Failure to preserve said tapes and to provide same upon request may cause all evidence to be suppressed.
  22. IN-SQUAD VIDEOS – Videos of a suspect’s driving and field testing are almost always recorded by a camera in the officer’s squad car. These recordings can often times be used
    to contradict an officer’s testimony.
  23. BOOKING ROOM VIDEOS – Videos can and usually are taken at the police station. These tapes may reflect the suspect’s clear speech or good physical balance, which often times contradicts the officer’s testimony.
  24. INDEPENDENT WITNESSES – Witnesses to an accident, bartenders, hospital personnel and others can often times provide evidence of a suspect’s sobriety.
  25. EXPERT WITNESSES – Experts may be employed to review and testify regarding the validity of field sobriety tests, breath tests, blood tests, etc.
  26. FAILURE TO READ SUSPECT MIRANDA WARNINGS – If the law enforcement official has not read Miranda Warnings to a suspect the statements made by the suspect cannot be used as evidence against the individual.
  27. OFFICER’S PRIOR DISCIPLINARY RECORD – A law enforcement officer’s prior disciplinary record can be used to attack the officer’s credibility.
  28. MISLEADING STATEMENTS BY LAW ENFORCEMENT OFFICERS – Any misleading statements made by a law enforcement officer regarding the consequences or taking or refusing to take blood, breath or urine test(s) may cause the one year driver’s license suspension to be reversed and removed from the individual’s driving record.
  29. PRIOR INCONSISTENT STATEMENTS BY POLICE OFFICERS – Any and all statements made by an officer (verbal, written, or testimony at previous court hearings) may be used to attack the officer’s credibility.
  30. FAILURE TO DISCLOSE EXPERTS – If a prosecutor fails to disclose the State’s expert(s) those witnesses may be barred from testifying against the defendant.
  31. FAILURE TO PROVIDE SPEEDY TRIAL – A trial for DUI/OVI must be held within ninety (90) days of the defendant’s arrest, or the case must be dismissed.
  32. HOSPITAL BLOOD TEST INACCURATE – In healthy, uninjured individuals hospital blood test overestimate an individual’s true blood alcohol level by as much as 25%. Such hospital tests are not statistically reliable in severely injured individuals.
  33. FORCED BLOOD DRAWS – A blood test cannot be taken against a driver’s consent where there has not been an injury involved or the results from said test(s) will be inadmissible. A new Ohio law coming in September, 2008 is attempting to change this!
  34. LACTATE RINGERS – If lactate ringers are used by hospital staff in treating a patient, blood serum results will report falsely elevated and would, therefore, be invalid readings.
  35. ALCOHOL SWABS – If a medical professional uses an alcohol swab when taking a blood sample, the results will be inaccurate.
  36. BREATH TEST OPERATOR NOT LICENSED – If a breath test operator does not have a valid, unexpired operator’s license the breath test result is inadmissible.
  37. STATUTE OF LIMITATIONS – A misdemeanor charge of DUI/OVI must be filed within eighteen (18) months of the offense.
  38. FAILURE TO CONDUCT OBSERVATION PERIOD – Ohio law requires that a driver be observed continuously for a minimum of twenty (20) minutes prior to a breath test in order for the results to be admissible in court.
  39. BREATH TEST DEVICE NOT APPROVED – A breath testing instrument must be listed on the Federal List of Approved Breath Evidential Instruments and the ISP approved list of devices or the results are inadmissible.
  40. BREATH TEST OPERATOR LICENSE EXPIRED – An Ohio breath test operator must possess an unexpired operator’s license, or the breath test results are inadmissible.

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