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.154 OVI / DUI Breath Test Reduced to Reckless Operation

Our client, an out of state oil and gas worker, was pulled over in Columbus for a marked lanes violation. He was asked if he had been drinking and admitted he had. He was asked to step out of his car and he did. He was then asked to perform the roadside field sobriety tests. He complied. After performing the tests, he was arrested and charged with OVI / DUI. He was then taken back to a local police station and asked to perform a breath test. He again complied. Testing .154, he was charged with an addition OVI / DUI per se.

The OVI / DUI charges presented many issues for our client. First, he was without a driver’s license and driving privileges and did not live in the central Ohio area. Second, an OVI / DUI conviction could potentially mean the loss of his job and his livelihood. He reached out to the Columbus Criminal Defense team for help.

Columbus OVI/DUI attorneys Ben Luftman and Dan Sabol represented him on the case. Attorney Luftman went to the judge right away to secure driving privileges for the client that covered his unusual travel and work schedule. Attorney Sabol reviewed the police reports, alcohol influence report and breathe test log books. Ultimately, finding multiple evidentiary issues, attorney Sabol was able to negotiate the reduction of the OVI / DUI breath test to a lesser non-alcohol related Reckless Operation charge.

No additional license suspension was imposed. No probation was imposed. Our client walked away with a $250 fine and his career intact.

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