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Businessman’s .148 OVI / DUI Breath Test Charge Reduced to Physical Control

A businessman was visiting Ohio on business and the Columbus Police Department received a call that his vehicle and crashed into a loading dock at a Lowes. When the police arrived, they found the driver and a passenger both passed out in the vehicle. The officer had to knock multiple times to wake up the driver. After the driver woke up, some question ensued. After the questioning, the officer asked the driver if he would submit to the standardized field sobriety tests. The driver agreed. After submitting to the tests and performing poorly, he was arrested and charged with a first offense OVI / DUI.

The passenger was given a ride back to the hotel. The businessman was given a ride to jail where he was asked to submit to a breath test. He did. The .148 OVI / DUI breath test result was well above the .08 Ohio Legal Limit. He was charged with an additional OVI / DUI per se violation. His case was then scheduled for arraignment in Franklin County Municipal Court.

His brother began researching hiring an OVI / DUI attorney. After speaking with attorney Ben Luftman, the Columbus Criminal Defense team was hired to represent the businessman on his OVI / DUI breath test case. Attorney Luftman and attorney Dan Sabol represented our client on the case.

The OVI / DUI breath test case went through the normal court process. Ultimately, the case was set for a suppression hearing. Prior to the suppression hearing, the prosecutor offered to dismiss the OVI / DUI breath test charge and reduce the remaining OVI / DUI impaired charge to a lesser Physical Control violation. The physical control violation is a 0 point, non-moving violation. Additionally, there was no license suspension or probation imposed. Once the fine and court costs have been paid, our client will move on with no further requirements and without an OVI / DUI conviction on his record.

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.

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