One of the first questions we get from clients is whether or not we can get a reduction of the OVI charge. There are so many variables at play. What court is the case pending in, what jurisdiction issued the charge, prior arrests or convictions for OVI, how you look on video. The one thing we can guarantee is that we’ll look at every angle. Here are three things that stick out to us in reviewing your chances for a reduction of the OVI.
Basis for the Stop
One of the first things we look at is the stop. That means why law enforcement had an encounter with you in the first place. For example, was there an accident? If there was, were you the cause of that accident? Non-moving violations make the link between impairment and your ability to operate your vehicle fairly weak. The focus has to be on what the government has to prove, and that is whether or not any alcohol or drug of abuse impaired your ability to operate your vehicle. But before we even get there, if the stop was unconstitutional, you have grounds to have your case dismissed.
Field Sobriety Tests
The results of the field sobriety test can make or break a case. Our attorneys are trained to review every test that the officers administer. That includes whether they administered the test properly and even evaluated our client’s performance on the tests properly. When the goal is a reduction of the OVI, every detail and part of the investigation matters.
Refusal or Chemical Test?
When thinking about a possible reduction, whether there was a refusal of chemical testing or a test above the legal limit has to be taken into consideration. For example, a breath test sample over a certain level increases the mandatory minimum penalties. On the other hand, a refusal of the chemical test can strengthen the defense of you case in certain circumstances. Many factors have to be taken into consideration when determining the most effective way to approach a reduction of the OVI charge.
A lawyer can absolutely assist you in getting your OVI reduced or dismissed. Our attorneys are skilled at analyzing the case in its entirety and the legal defenses that can be raised in OVI cases. Contact our firm today so that you can have the best chance of getting the outcome you deserve.
