When facing OVI charges, a motion to suppress is among your best options for fighting the charges. A motion to suppress can be used to challenge the admissibility of evidence in court and potentially have your case dismissed.
To understand how this works, you should know some basics about how OVI cases are prosecuted. Here's a brief overview of what happens with OVI cases and how you can use motion to suppress to win your case.
What Happens After an OVI Arrest?
OVI stands for operating a vehicle under the influence and is charged when you are caught driving with a blood alcohol concentration (BAC) that is above the legal limit in your jurisdiction. The legal limits vary from state to state but are generally above .08 percent.
When you're arrested for OVI, the police may collect evidence such as breath or blood tests, field sobriety tests, and witness statements. This evidence is then used to build a case against you which will be presented to a court of law.
Once you are in court, the prosecutor will present their evidence and try to prove that you were under the influence of alcohol when you were pulled over. At this point, you have the opportunity to challenge the evidence in court.
How to Use Motion to Suppress to Win Your OVI Case
Motion to suppress is a legal procedure where you can challenge the admissibility of evidence in court. Your lawyer can argue that the evidence was obtained unlawfully or through improper police procedure.
For example, if the police officer who arrested you did not have probable cause to pull you over, then the evidence obtained from the traffic stop may be considered inadmissible. If the evidence is inadmissible, then it cannot be used against you in court, and your case could be dismissed.
Your lawyer can also use motion to suppress to challenge evidence that was obtained improperly, such as if the police failed to read you your Miranda rights or coerced a confession out of you.
In some cases, the court may agree that the evidence is inadmissible, and your case will be thrown out. In other cases, the court may decide to reduce the charges or sentence.
Using motion to suppress can be a powerful way to fight OVI charges and gives you the best chance of winning your case. Your lawyer will be able to help you understand the process and determine if this strategy is a good fit for your situation.
Remember, no matter what the charges are, you have rights and options available to you. Just make sure you understand the basics of OVI prosecution and motion to suppress to make informed decisions about your case and use this knowledge to your advantage.
Contact an OVI defense lawyer to learn more.