Clermont County OVI/DUI
Client was charged by Ohio State Patrol with ORC 4511.19(A)(1)(b)(3), Operating a Motor Vehicle being under the age of 21 and after consuming alcohol, and having a blood alcohol content (BAC) over .02 but less than .08 (OVUAC, or an underage DUI). The client tested .036 on the BAC DataMaster breath machine. The case was dismissed at a Motion to Suppress hearing, where counsel argued that the odor of alcohol and speeding were insufficient to arrest the client, and the Court agreed the officer lacked probable cause to arrest and dismissed the charge. The client passed all of the standardized field sobriety tests, but was still arrested.
