.106 OVI / DUI Breath Test Reduced to Physical Control

In March, an Ohio State Highway Patrol trooper was stopped behind a car at a stop light. According to the trooper, the vehicle accelerated rapidly from the light and the trooper paced the vehicle doing 47 in a 40. He then initiated a traffic stop. Upon approaching the vehicle, the trooper noted a strong odor of alcohol coming from the driver, who provided her license and insurance.

The trooper then asked the driver to exit her vehicle and she complied. He then began to conduct the roadside field sobriety tests on her. After performing the roadside field sobriety tests, the driver was arrested and charged with first offense OVI / DUI. She was then transported to the Grove City Police Department and asked to take a breath test. She complied. The result of the test was .106. The result was above the .08 Ohio legal limit. She was given an additional OVI / DUI per se charge. Her license was taken and she was placed under a 90 day administrative license suspension. Finally, her case was scheduled for arraignment in Franklin County Municipal Court.

After speaking with a number of attorneys, the driver, who was in her mid-50s and had never been charged with more than a speeding ticket, reached out to attorney Ben Luftman. After speaking with attorney Luftman, the Columbus Criminal Defense team was hired to go and fight the case.

Attorneys with LHA represented our client. Initially, we were able to get our client limited driving privileges, so that she was able to get back and forth to work and keep her job. She was very appreciative. Thereafter, we represented our client through 5 additional court dates.

Ultimately, the prosecutor agreed to dismiss the OVI / DUI breath test charge and amend the remaining OVI / DUI impaired charge to a lesser Physical Control violation.  The physical control violation is a 0 point, non-moving violation. This accomplished our client’s goal of keeping the OVI / DUI charge off her record. She agreed to plead guilty to the lesser offense and resolve the case.     

Prior results do not guarantee a similar outcome in your case. Individual results may vary based on the facts, injuries, jurisdiction, venue, witnesses, parties, and other factors. The results and client testimonials provided are not necessarily representative of the results obtained by all clients or their satisfaction with the firm’s services.