.150 OVI / DUI Breath Test Charge Reduced to Physical Control

A 50-year-old gentleman was driving home one snowy evening in late January when he was stopped by a Grove City Police Department officer who had watched him slide and strike a curb. When he arrived at the vehicle he found the driver calling AAA. After the call was finished, the officer went back to speak with the driver and noticed a strong odor of an alcoholic beverage. He then asked the driver to exit the vehicle and noted the driver was unsteady on his feet. He asked the driver if he had been drinking. The gentleman admitted to having a few.

The officer next asked the driver to perform the roadside field sobriety tests. The results were poor. After completing the tests, the driver was arrested and charged with first offense OVI / DUI. He was then taken back to the Grove City Police Department and asked to take an OVI / DUI breath test. He complied. The .150 result was nearly double the Ohio Legal Limit. For his result, he received and additional OVI/DUI Per se charge. His license was seized and he was placed under a 90 day administrative license suspension. His case was then scheduled for arraignment in Grove City Mayor’s Court.

After speaking with attorney Ben Luftman, the Columbus Criminal Defense team was hired to represent the gentleman on his OVI / DUI breath test and OVI / DUI impaired case. Initially, attorney Luftman was able to obtain a stay of our client’s license suspension. The stay enabled the gentleman to get his full license back while his case was pending. This was crucial for him as it enabled him to keep his job. After a number of court dates in mayor’s court, the case was transferred to Franklin County Municipal Court.

While in Franklin County Municipal Court, attorneys with LHA represented our client. The case was ultimately scheduled for a suppression hearing. Before the suppression hearing was scheduled to begin, the prosecutor offered to dismiss the OVI / DUI breath test and amend the remaining OVI / DUI impaired charge to a lesser Physical Control violation. The Physical Control is a 0 point, non-moving violation. This avoided the OVI / DUI conviction on our client’s record and he was happy to resolve the case with the negotiated plea and move on with his life.

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