Most importantly, don’t drink and drive, because truthfully that is the only way you will absolutely avoid a DWI in Ohio. However, it is not illegal to drink alcohol and drive, but it must be a moderate amount over a reasonable period of time. Always make sure your car is in good working order – meaning that your license plate can be seen and the registration sticker is up to date. You do not want to be pulled over for something so small. Be sure your lights are all working, and you use your signals when changing lanes. Most DWI stops in Ohio occur after 11PM, and make no mistake, law enforcement working these hours are looking for you. As a criminal defense attorney in Ohio, I have seen people pulled over for the littlest issues and end up with a DUI.
When you are pulled over, get to the side of the road as soon as you safely can and pull off to the side as far as you can so that the officer may approach your car without having to walk in the lane of traffic. Roll your window down – all the way. This shows that you have nothing to hide. Be polite and have your hands on the steering wheel where they can be seen . Then – do not do another thing. Don’t move, don’t look around and don’t start digging into your glove compartment.
When asked – because it’s inevitable – almost always: “Do you know why I have pulled you over?” Even if you know you ran a red light, don’t say a thing. Admitting any wrongdoing can come back to haunt you later on. Simply say, “No, I do not.”
Only when asked for your license, registration and proof of insurance do you get them. AFTER you have told the officer WHERE you are getting them. Whether they are in the glove compartment, the center console, your purse, your pocket – law enforcement is on edge as of late, and are going to be wary of every move you make. Put them at ease, it only makes things better for you.
If asked if you have consumed alcohol, you do not have to answer. Be courteous, but admit to nothing. Period. During the stress of a traffic stop, drivers tend to be overly friendly and talkative as a means to relieve anxiety. Don’t do it. You are under no obligation to provide the officer with any information beyond that on your driver’s license, vehicle registration, or proof of insurance. Anything you say will be used against you. Saying something like, “Officer, I just had a beer with dinner” gives the officer reason to investigate you further. Without that admission he must base his decision to pursue a DUI arrest on your driving, or your behavior at the stop.
Do not lie. Lying is the worst thing you can do during a drunk driving stop. Lying to a police officer is almost always futile. It will damage your credibility, which will hurt your case. Just call your criminal defense attorney.
Don’t take any tests. Refuse them, they have a high rate of false positives. The officer may ask you to step out of your car, which the courts say is permissible, and perform tests to prove you are able to drive safely. Be polite and decline. There is no penalty for refusal. Say only that you would like to call your criminal defense attorney. That is your right.
The Bottom Line: As we have seen, law enforcement is on edge and the slight move of a hand makes them nervous. Pull over and don’t battle with them. Be polite, keep your hands on the wheel, give them your documents, but you don’t have to say another word – except that you will be calling your criminal defense attorney. Saying anything is almost always incriminating. They have a broad discretion in deciding whether to pull someone over, but can’t just randomly stop someone and conduct testing. You have rights. Know them. And, keep my number on hand, always. 513-260-2099
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