.155 OVI / DUI Breath Test Charge Reduced

While driving home, a young businessman in his mid-30s was pulled over for a traffic violation by a Columbus Police Department officer. After approaching the vehicle, the officer smelled an odor of alcohol. He asked if the driver had been drinking and the driver answered affirmatively. He was then asked to step out of the vehicle and perform the roadside field sobriety tests. He complied. After performing the tests, he was arrested and charged with first offense OVI / DUI.

After being arrested, the young businessman was taken to the Columbus Police Department and asked to take an OVI / DUI breath test. He complied. The result of the test was .155 — well above the Ohio legal limit. His license was then placed under an administrative license suspension and taken. His first offense OVI / DUI and OVI / DUI breath test charges were then scheduled for arraignment in Franklin County Municipal Court.

Not knowing what direction to turn, this businessman began researching hiring an OVI / DUI attorney. After speaking with a number of local attorneys, the gentleman spoke with attorney Ben Luftman. After speaking with attorney Luftman, the Columbus Criminal Defense team was hired to represent him on the case.

Attorneys with LHA  represented the young businessman on his case. Initially, we were able to secure him limited driving privileges so that he could keep all of his business appointments. Thereafter, our attorneys represented our client at numerous court dates on the first offense OVI / DUI and OVI / DUI breath test charges.

After reviewing all of the discovery and breath test log books, we ultimately raised enough legal issues that the prosecutor agreed to dismiss the OVI / DUI breath test charge and amend the remaining OVI / DUI charge to a reduced reckless operation offense. The reckless operation charge is a non-alcohol related traffic offense. This was exactly the resolution our client had been hoping for. He happily agreed to the negotiated plea, resolved his case and was able to move on from a very unfortunate evening.

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.