How to Beat a DUI in Ohio
Driving under the influence of intoxicants is a criminal charge with serious consequences if you are convicted. In Ohio these consequences include up to six months of jail time for a first offense. However the Ohio legal system, like other jurisdictions, is full of possible escape hatches. Some of these outs involve a direct denial of guilt, while others rely on procedural errors made by the police.
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Instructions
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Obtain a copy the police report describing the incident that led to the arrest. You have a constitutional right to this evidence. Carefully scrutinize the report for internal inconsistencies or factual errors you may use to discredit the officer's testimony against you.
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Examine the police report for an explanation of why you were stopped in the first place. Weaving within a marked lane, for example, is not illegal in Ohio, and does not constitute probable cause to pull you over. If the stop was illegal, you can move to have evidence of the entire stop excluded based on the Fourth Amendment prohibition against illegal search and seizure, effectively destroying the prosecution's case.
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Search for witnesses who may be able to testify in your favor, including any passengers who were in your car at the time of the incident. Although you almost certainly have been filmed while you were being booked, the smell of alcohol on your breath cannot be recorded, and witness testimony to the contrary might be persuasive.
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Check your breathalyzer reading as recorded on the police report. If it is barely over the legal limit, you may be able to beat the charge by noting that Breathalyzer results have a margin of error of plus or minus 12.5 percent.
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Obtain a copy of the booking room video of your arrest from the police station. Note any contrasts between your appearance and demeanor you displayed, and your appearance and demeanor as reported in the police report. You can exploit any discrepancy to discredit the officer's testimony.
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Submit your exculpatory evidence to the judge and file a motion for dismissal of the case. The judge will dismiss the case if he determines the prosecution has no reasonable case against you. If the judge denies your motion, it doesn't mean you will necessarily lose the case -- it just means the case will go to trial unless the prosecutor drops charges against you.
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Plea bargain with the prosecutor if the judge denies your motion for dismissal. If the prosecutor does not feel sure of a conviction, he may be willing to drop the DUI charge in favor of a lesser charge, such as speeding or reckless driving, in exchange for your agreement to plead guilty to the lesser charge.
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Tips & Warnings
Multiple DUI convictions can result in a charge of felony DUI.
References
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