Store Manager’s .129 OVI / DUI Breath Test Reduced to Physical Control

While on patrol, a Blendon Township police officer encountered a car sitting idle with the ignition running. Upon approaching the vehicle, the officer noted that the driver was slumped over and appeared to be passed out. The officer began knocking on the window and the driver did not respond. Once he woke up, he reached for the gear shift and tried to put the car in drive. The officer asked the young driver to turn off the vehicle and he complied. The officer noted a strong odor of an alcoholic beverage and bloodshot, glassy eyes. There was vomit on the side of the seat and door jam. The driver was asked if he had been drinking and admitted to having two white Russians and to vomiting on himself earlier in the evening. The driver was then asked to step out of his vehicle and perform the roadside field sobriety tests. After performing the roadside tests, he was arrested and charged with first offense OVI / DUI.

He was then taken back to the Blendon Township Police Department and asked to take an OVI / DUI breath test. He agreed to take the test. The .129 OVI / DUI breath test result was above the .08 Ohio legal limit. The young man was charged with an additional OVI / DUI per se violation. His license was seized and he was placed under a 90-day administrative license suspension. Lastly, his case was scheduled for arraignment in Franklin County Municipal Court.

The young man reached out to his friends for a referral and was told to contact attorney Ben Luftman. After speaking with attorney Luftman, the Columbus Criminal Defense team was hired to represent him on the OVI / DUI breath test case.

Attorneys with LHA represented our client in his case. At his arraignment, we secured limited driving privileges that enabled him to keep his job. This was critical. Thereafter, we entered a not guilty plea on his behalf and the case went through the OVI / DUI court process.

After 5 court dates, the case was scheduled for a suppression hearing. Prior to the suppression hearing, we negotiated the reduction of the OVI / DUI charge to a lesser physical control traffic violation. The physical control charge is a 0 point, non-moving traffic offense. There was no additional license suspension, no jail time, no requirement to attend a 72-hour driver intervention program and no probation. Our client paid a small fine and was quite happy to put a very unfortunate evening behind him.

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