Drunk Driving FAQs

Can I just get a Reckless Op?

The chances of a plea to a reduced charge are directly related to the strength and quality of the evidence the state obtained during your arrest as well as the methods in which it was collected. There are very precise and intricate rules law enforcement personnel must follow in order for evidence to be admissible at trial. When those rules are adhered to, a person charged with driving drunk or impaired in Central Ohio would be extremely lucky to have their case resolved with a guilty plea to a reduced charge of Reckless Operation or Physical Control.

It is very difficult for an individual representing himself or herself or an inexperienced attorney to obtain a plea reduction. In order to obtain a reduction, your OVI lawyer must be familiar with these extremely detailed protocols, review the evidence, find a weakness, and exploit it.

The lawyers of Ross, Midian & Breitmayer, LLC, aggressively fight OVI, DUI and OMVI charges and have successfully negotiated many drunk driving cases to reduced charges including reckless operation, physical control and even outright dismissals.

What happened to my license and what is an "ALS"?

When a person is accused of driving impaired in a Central Ohio Municipal Court or Mayor's Court, their driver's license is most likely immediately suspended pending further court proceedings. This is called an administrative license suspension or "ALS." An ALS is imposed if a person refuses to submit to a chemical test or they test over the legal limit.

The experienced OMVI, DUI & OVI lawyers at Ross, Midian & Breitmayer, LLC, routinely postpone the imposition of Administrative License Suspensions pending further court proceedings.

What about driving privileges?

A person charged with an OMVI or OVI in Columbus will not receive his driver's license back during the Administrative License Suspension; however, in most circumstances, they can obtain driving privileges. The driving privileges are a document signed by a Franklin County Municipal Court Judge and certified by the clerk. The form lists the specific days of the week and times the defendant is permitted to drive.

The drunk driving defense lawyers at Ross, Midian & Breitmayer, LLC, will help you obtain the most liberal driving privileges possible based on your individual situation and the circumstances of your case.

I did blow — does that mean the case is defenseless?

While the presence of a Blood Alcohol Content or "BAC" test does complicate the defense strategy, it does not render your case defenseless. Several very specific factors influence the admissibility of a BAC test including, but not limited to, the time that lapsed from the arrest to the test, the maintenance of the actual testing instrument, and the qualifications of the operator taking the sample.

Although a BAC test is a strong piece of evidence for the state, at Ross, Midian & Breitmayer, LLC, we have a strong record of working around chemical tests that would otherwise indicate guilt.

I can't have an OVI/DUI on my record!

There a number of ways to avoid a DUI or OVI on your record. At Ross, Midian & Breitmayer, LLC, we routinely exploit weak drunk driving cases and have the charges reduced to something other than an OVI, OMVI or DUI; however, the only way for you to walk away from a drunk or impaired driving case with absolutely nothing on your record is to go to trial and win.

The prosecuting attorney for an OVI will very rarely just "throw out" the case. If the defense attorney has presented a compelling defense theory, the prosecutor will make an offer for a reduced charge thereby avoiding an OVI, OMVI or DUI conviction on your record.

Let the experienced and aggressive Columbus defense lawyers at Ross, Midian & Breitmayer, LLC, fight for you. Contact us for a consultation.