Insights Into How Our Legal System Works

Facing An OVI Charge? A Few Ways To Fight It With An OVI Lawyer

3 January 2022 by Yolanda Lane

An operating a vehicle while intoxicated (OVI) charge is a serious offense that could result in legal fees, jail time, community service hours, increased car insurance costs, and restricted or lost driving privileges. Many consequences come with an OVI charge, which is why if you know you are guilty, you will want to hire an OVI lawyer to help you fight the charges to avoid the consequences.  

Question the Testing 

There has to be evidence that you were actually intoxicated with an OVI charge. One of the ways that evidence is gained is through testing. There are various testing methods for intoxication, from blood and urine tests to breath tests. Each of these tests must be administered following specific procedures. If the proper procedures are not followed, the test results will be invalid.  

Your attorney can review how the tests were administered, and if they spot an error in procedure at any point, they can call the validity of the test into question and get the evidence dropped. For example, the test could be invalid if it wasn't given during the time limit specified by law. Or the test could be invalid if the sample wasn't analyzed correctly, or even if the machines that analyzed the sample were not calibrated as they should be.  

Testing Consent 

Next, with an OVI charge, you can't be coerced into taking a test. If any of the officers said something that coerced you into taking a test and took away your ability to consent to the test freely, it could count as coercion. This can be confirmed by reviewing the audio of your exchange with the police by your attorney. 

General Coercion 

The police are not allowed to coerce you when they interact with you. You are protected from being manipulated into making statements that could be used against you in court. If the police interacted in a way that caused you to issue coerced statements, those statements could not be used in court, no matter the statement's validity. A reasonable attorney will work to get those types of statements thrown out of your case. 

When it comes to fighting an OVI charge, you need an attorney who pays attention to details. Your defense will be based on the details, from what the officers said to you to what they did during your interactions, leading to the charges you are facing. A good defense attorney will get your charges reduced or dropped, saving you from the serious consequences of these charges.  

Reach out to an OVI lawyer if you are in this situation. 

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