Calesaric Law
Call 740-334-4256 to protect your rights and your future.
Calesaric Law
740-334-4256

Robert Calesaric

Aggressive Criminal Defense Built On Prosecutorial Knowledge And Courtroom Mastery

DUI Defense Attorney In Newark, Ohio

If you have been arrested for operating a vehicle under the influence (OVI) in Ohio, your driving privileges are in jeopardy. It is vital that you get an experienced defense attorney involved as soon as possible. At Calesaric Law, I offer the background, resources and skill required to keep you on the road.

The charge of OVI (also called DUI or OMVI) is both urgent and complicated, especially if you have a commercial driver’s license (CDL). Not only do you have an OVI, most likely, you have an administrative license suspension (ALS) through the BMV. You must request a license hearing within 30 days of your arraignment or your driver’s license (including your CDL) will remain suspended for up to five years.

Your driving rights should not be surrendered easily. Contact my firm as soon as possible for vigorous defense of your driving privileges. Call now at 

Experience As A Prosecutor And In OVI Defense

Because OVI/DUI defense cases can be so complicated, it is important to find a criminal defense lawyer who has practiced in the area enough to understand all of the legal technicalities. There are certain defenses that you must raise at your first appearance or you will waive those defenses. I offer that background.

I spent six years prosecuting OVI/DUI-based cases in Licking County before I became a criminal defense attorney. I know how the State prepares its case against you. I know what the legal issues are in a drinking and driving case, and I am in a better position to defend you. I have spent the last 25 years defending these cases, including those involving prior OVI offenses. I am certified in roadside field sobriety testing and in the most common breath (BAC) machine used in Ohio.

The Science Behind OVI Evidence: How We Challenge BAC Testing

Breathalyzer and blood test results are not infallible. These machines and procedures are subject to errors, contamination and operator mistakes. My technical certifications allow me to identify flaws in BAC evidence that other attorneys miss.

Medical Conditions And Substances That Affect BAC Results

Certain medical conditions and substances can cause falsely elevated BAC readings:

  • Diabetes and ketoacidosis produce acetone that breath machines may register as alcohol
  • Acid reflux (GERD) brings stomach contents into the mouth, creating mouth alcohol contamination
  • Dental work, dentures or mouth piercings can trap alcohol
  • Low-carb or ketogenic diets produce ketones that interfere with breath testing
  • Certain medications contain alcohol or produce compounds that mimic alcohol on breath tests

I investigate your medical history and current medications to identify factors that could have affected your test results.

Blood Test Chain-Of-Custody Vulnerabilities

Blood tests require proper collection, labeling, storage and analysis. Each person who handles your blood sample must be documented. Breaks in the chain of custody create opportunities for contamination, mislabeling or sample degradation. I examine:

  • Who drew your blood and whether they were qualified
  • Whether the blood draw followed proper medical procedures
  • How the sample was labeled, stored and transported
  • Whether preservatives and anticoagulants were added properly
  • Whether the laboratory followed accredited testing procedures
  • Whether the sample was tested within the proper timeframe

Blood evidence deteriorates over time. Improper storage can cause fermentation that creates alcohol in the sample. These factors can produce false positive results or inflated BAC readings.

What Former Prosecutors Know: Inside The State’s OVI Playbook

My six years as a prosecutor taught me exactly how the state builds and evaluates OVI cases. This insider knowledge gives me an advantage in defending you.

How Prosecutors Evaluate OVI Cases For Strength

Prosecutors assess OVI cases based on specific factors:

  • Quality of the traffic stop (did officers have reasonable suspicion?)
  • Officer observations of impairment (slurred speech, bloodshot eyes, odor of alcohol)
  • Field sobriety test performance and video evidence
  • BAC test results and whether proper procedures were followed
  • Defendant’s statements to police
  • Prior OVI convictions or refusals

When these elements are strong, prosecutors take hard-line positions in plea negotiations. When weaknesses exist, they become more willing to negotiate reduced charges. I identify these weaknesses early and use them to your advantage.

What Prosecutors Look For In Plea Negotiations

Prosecutors offer better plea deals when they recognize their case has problems. They consider:

  • Whether defense counsel has filed suppression motions
  • The defendant’s trial history (first offense versus repeat offender)
  • Strength of the traffic stop and field sobriety evidence
  • Technical problems with BAC testing
  • Whether the defendant is represented by a trial-ready attorney

My reputation as a former prosecutor who regularly takes cases to trial changes how prosecutors approach your case. They know I will not accept an unfavorable plea simply to avoid trial.

Why Trial-Ready Defense Changes The Equation

Most defense attorneys negotiate plea deals without preparing for trial. This approach gives prosecutors leverage because they know the attorney will not fight. I prepare every case for trial from day one. Prosecutors know that if they do not offer reasonable terms, we will go to trial. This trial-ready approach produces better outcomes even when cases ultimately resolve through negotiation.

Common Questions About OVI Defense

People arrested for OVI often have urgent questions about the evidence against them and their legal options. These are concerns I address regularly with clients in Newark and throughout Licking County.

Can I be convicted of OVI in Ohio even if my BAC was under .08?

Yes. Ohio has two ways to prove OVI. The per se violation requires a BAC of .08 or higher. The impairment violation requires proof that alcohol or drugs impaired your ability to operate a vehicle, regardless of your BAC level. Prosecutors can convict you based solely on officer observations, field sobriety test performance and your driving behavior even if your BAC was below the legal limit or you refused testing.

What makes breathalyzer results unreliable or inadmissible in Ohio OVI cases?

Breathalyzer results can be challenged based on improper calibration, lack of proper maintenance records, mouth alcohol contamination, medical conditions affecting results, radio frequency interference or operator error. If the machine was not calibrated within the required timeframe or if officers failed to follow proper observation and testing procedures, the results may be excluded. My certification in breath testing allows me to identify these technical deficiencies and file motions to suppress unreliable BAC evidence.

Certified On Ohio’s Breathalyzer Machine And In Field Sobriety Testing

If the police administered a field sobriety test, I am experienced in challenging the validity or admissibility of results and have done so hundreds of times. I have attended the same classes as the officers, such as the ARIDE (Advanced Roadside Impaired Driving Enforcement) class, and I am certified in the administration of roadside Standardized Field Sobriety Tests.

Contact Calesaric Law for a consultation about your OVI/DUI arrest. Get in touch with me now by calling 740-334-4256. I serve clients throughout central Ohio, including Johnstown and Ohio State University (OSU/Newark) or Buckeye Lake.