OVI / DUI

Columbus DUI and OVI Lawyers

Serving Clients in Columbus, Cincinnati, and Throughout Central Ohio

Driving under the influence (DUI) and operating a vehicle under the influence (OVI) are terms often used interchangeably. DUI is used casually to describe the act of driving while impaired by alcohol or drugs. OVI is the precise legal terminology used in the state of Ohio to describe these charges.

An OVI charge is when a driver operates a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while under the influence of drugs, including prescription medications. If you are facing DUI or OVI charges, our experienced Columbus lawyers know how to go about fighting them and we will work hard to protect your rights.

Call Funkhouser Law at (614) 756-2154 or contact us online to set up a free consultation.

How to Challenge a DUI/OVI Charge

Defendants in these cases often feel like there is no hope, and they must simply accept any deal offered to them by the District Attorney’s office. The reality is quite different. There are far more ways than most people realize to mount a defense against drunk driving.

Lack of Probable Cause

Law enforcement officers are required to have a valid reason-known as probable cause-to initiate a traffic stop. This means they must observe a traffic violation or behavior that reasonably indicates the driver may be impaired, such as swerving, speeding, or running a red light. If an officer stops a vehicle without a justifiable reason, any evidence obtained during the stop, including breath, blood, or field sobriety tests, could be deemed inadmissible in court.

As part of your defense, we will scrutinize the details of the traffic stop, including the police report and any available dashcam or bodycam footage. We’ll look for inconsistencies in the officer’s account or evidence that contradicts the officer's stated reasons for the stop.

For instance, if the officer claims the driver was weaving between lanes, but the video footage shows the driver maintained a steady course, this discrepancy can undermine the prosecution's case. Additionally, if the stop was based on an anonymous tip without corroborative evidence of erratic driving, this can also be grounds for challenging the stop.

A successful challenge to probable cause may be able to result in the dismissal of the charges.

Challenging the Breath Test

Breath tests are common tools used by law enforcement to measure a driver's BAC level at the time of a stop. However, these tests are not infallible and can be contested on various grounds.

One key point of contention is the calibration and maintenance of the breathalyzer device. Ohio law requires these devices to undergo regular calibration and maintenance to ensure accurate results. If maintenance logs cannot confirm that the device was properly calibrated or maintained, any results it produced may be considered unreliable.

Another aspect to examine is the administration of the test itself. Officers must follow strict procedural guidelines when administering a breath test. Failure to adhere to these procedures can render the test results invalid.

Furthermore, certain medical conditions such as acid reflux, diabetes, or the presence of mouth alcohol from recent dental work can also skew breath test results. By presenting evidence of such conditions, it’s possible we could cast doubt on the accuracy of the BAC reading.

Challenging the Blood Test

Blood tests, often viewed as the most accurate method of determining BAC, can still be challenged on several fronts. The chain of custody is an important factor-it must be meticulously documented to ensure the sample was not tampered with or contaminated, from the moment it was drawn to the time it was analyzed. Any gaps or inconsistencies in this documentation can lead to questions about the integrity of the sample.

The procedure used to draw and analyze the blood sample must also comply with specific legal and medical standards. This includes ensuring that the person drawing the blood is qualified and that proper sterilization techniques are followed to avoid contamination.

Moreover, the timing of the blood draw is crucial since alcohol levels can fluctuate over time. If there is a significant delay between the traffic stop and the blood draw, the results might not accurately reflect the driver's BAC at the time of driving. Laboratory errors can also be a point of contention. Mistakes in handling, storing, or testing the blood sample can lead to inaccurate results. Certain medical conditions, medications, or even dietary factors can also influence blood test results.

Perseverance You Can Rely On

Our founding partner, Attorney Douglas A. Funkhouser, comes from a military background, and those values drive our firm every day. We don’t shy away from tough cases, and we embrace the need for diligent, meticulous investigation. Our clients can count on us to keep persevering and digging, as we search for vital evidence that can aid your defense.

We’ve been serving the Central and Southern Ohio Region since 2000, have built an impressive record at trial, and have earned some wonderful testimonials from our clients. We hope to have the opportunity to defend you, too.

Call today at (614) 756-2154. Let our experienced Columbus DUI and OVI lawyers help you or your loved one.

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What You Can Expect with Funkhouser Law

Individualized Representation
Mr. Funkhouser personally handles each case, ensuring every client receives the highest quality legal representation and individualized attention.
Unmatched Experience
With over 25 years of experience and over 3,000 cases handled, Doug Funkhouser brings unparalleled experience and insight to every case.
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Former Prosecutor Experience
As a former prosecutor, Doug Funkhouser understands the intricacies of both sides of the courtroom, giving you a strategic advantage in your defense.