The holiday parties are underway.  Sometimes there are more than one in a night.  A glass of wine at the first party, then on to the next for another quick drink. everyone processes alcohol differently. What causes one person to feel tipsy may have little effect on someone else. What causes one person to register a higher-than-allowed blood alcohol content may leave another within the legal limit. Best idea is to have a designated driver.  Sometimes, we think we are OK to drive – but get pulled over.  What will you do?

As soon as the police officer decides to pull you over for drunk driving, the observations begin that he will put in the police report. This information will be used, and will have an impact on the outcome of any charges against you.  So – begin by putting on your signal and pulling over in a safe place. The officer most likely has a camera going on his dashboard – so smile.  Don’t make sudden movements and keep your arms in view of the officer. If at all possible have your license and registration available and ready for the officer’s review when he approaches your window.

To begin with, the officer is probably pulling you over for just a standard traffic violation. You have rights, one being that you are under NO obligation to answer any of his questions. They could be asked in a way to incriminate you. No matter how nervous you are, don’t answer.  What you say can be spun to use against you.  The question is always asked: “have you been drinking” or “how much have you been drinking”.  Don’t answer.  The only thing to say at this point is that you have been advised to not answer questions, and you would like to call your Cincinnati Criminal Defense Attorney.

You do NOT have to perform a field sobriety test. Field sobriety tests are one-sided in favor of the officer. They are subjective tests and it is usually an attempt by the officer to gather evidence against you. On a rare occasion, a driver will “pass” the tests and be released and be free to drive home. However, these tests are normally a precursor to your arrest.

In Ohio, you are NOT obligated to take a breathalyzer. However, if you refuse, you face the potential of having your drivers license suspended by the State of Ohio for one year. Normally, you can still acquire driving privileges for school and work in this situation. This is a judgment call. Those who decline the test that are arrested for the first time may be treated differently by the courts than those who have been arrested and refused in the past.

The Bottom Line: We all love this time of year and all the cheer that is going around. The best thing for you to do is make SURE that you have a designated driver, or at least the phone number on hand of a cab company.  Drinking and driving is never a good idea.  However, mistakes continually happen.  If you are pulled over and find yourself in a situation, contact me right away to help explain your rights and to help you through this difficult process.  Put my number in your mobile.  513-260-2099