Happy Opening Day! One of the best days in Cincinnati but also one of the busiest for law enforcement. It’s a long day of drinking beer that can lead to poor decisions and mistakes. From public intoxication, alcohol intoxication, disorderly conduct to a DUI, today is a popular day for trouble. However, in Ohio appearing in public while intoxicated is not a crime, but it is against the law to be drunk and disorderly. In other words, if you become loud, aggressive, violent or otherwise socially inappropriate, you may be charged with drunk and disorderly conduct. Penalties for being charged with disorderly conduct could be a fine of $150. However, if you are charged with aggravated disorderly conduct, you may receive a bigger fine or even some jail time.  You will need an aggressive criminal defense attorney to help you.

Don’t drink and drive after the game. Make sure you have another way to get home. However, it is not illegal to drink alcohol and drive, but it must be a moderate amount over a reasonable period of time, and we all know one drink can get you in trouble. You should also know that you do have rights if you are pulled over, remaining silent but polite and asking to contact a criminal defense attorney can help to make sure those rights are protected.

  1. Pull to the right at the first safe opportunity, then turn off your engine.
  2. Stay in your car with your seat belt on. Roll down your window. Turn off the radio and don’t touch your cell phone.
  3. Place your hands on top of the steering wheel and sit silently. Never reach under your seat or into the passenger area.
  4. Provide documents: A driver’s license, vehicle registration and proof of insurance
  5. If you’re asked to get out of the car, you have to get out of the car
  6. Do not allow to be searched on your person or in your vehicle; there must be probable cause.

The officer will most likely start a line of questioning—asking where you are coming from, where you are going, what your earlier activities were, etc. They seem innocent, but giving the cops more information could only give them more reason to detain you. Of course, the longer you are detained, the greater your chances of being arrested. A good criminal defense attorney will tell you the best thing to do is politely refuse to answer questions or engage in a conversation. But, to be polite and silent even if you are asked why you don’t want to speak or are told only the guilty refuse to talk to police. These are tricks and you do not need to answer.

The Bottom Line: If you have too much fun and lose track of your drinks and make the mistake of driving, you should know what to do if you end have an encounter with law enforcement. Please know that you are innocent until proven guilty and you have a right to an attorney. Keep my number handy and call me: 513.260.2099