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Nurse’s .120 OVI / DUI Breath Test Charge Reduced to Reckless Operation

A young nurse and mother of two, found herself in a very tough situation. Having gone out with some friends, she had a few drinks was driving home. At the time, she thought she was being responsible. She had not had much to drink and had stopped drinking well before she left.

While driving home, a local officer stopped her for a marked lanes violation. She was asked if she had been drinking and indicated she had. When asked to step out of her vehicle. She did. When asked to take the roadside field sobriety tests. She complied. After completing the roadside field sobriety tests she was arrested and charged with OVI / DUI. She was then taken back to the local police station and asked to submit to a breath test. She did and tested a .120. Having tested over the .08 legal limit, she was additionally charged with a OVI / DUI low test charge.

Being a nurse and mother of two, our client was extremely fearful about the impact an OVI / DUI conviction could have on her licensure and her life. She turned to the Columbus Criminal Defense team to make the best of what seemed to be a very bad situation. Attorneys Ben Luftman and Dan Sabol represented her on the case.

The client received driving privileges that allowed her to not only drive to and from work, but also for all childcare needs. This was a huge relief. With respect to the case, attorney Sabol found a number of evidentiary issues that when presented to the prosecutor, resulted in the offer to amend the OVI / DUI breath test to a lesser, non-alcohol related Reckless Operation charge.

This result relieved a huge burden from our client. She felt confident that she could move forward with her career, with minimal licensure exposure. She was able to continue driving her children to all of their activities. It was a tough lesson, given that she thought she was trying to be responsible up front, but it also could have been much, much worse. We wish her the best.

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