DUI / Field Sobriety Tests

Have you been pulled over? How were you driving?  If there was an accident, you will have to provide a proper explanation for why it happened because the first thing prosecutors will assume is that it was because of alcohol.  Many times an accident occurs that was the fault of a driver who was completely sober, but, the person they hit had been drinking and the police tend to blame the guy with alcohol in their system.  They are trained to look for clues to find if someone is under the influence – weaving, making wide turns, erratic driving, not coming to a complete stop, driving too slowly, anything that will show a vehicle code violation to use as an excuse to stop the person.  They can NOT just stop you, they need an excuse, legally and in a lot of cases,  a good Cincinnati Criminal Defense Attorney will be able to show that the police did not meet the legal standards which could possible get your case thrown out of court.

You are NOT required to take any tests in Ohio if you are stopped.  Unless it is an extreme case, these tests are simply not reliable in telling if someone is under the influence or not. Law enforcement is trained to look at your balance, eyes, speech and other factors that can point to you being under the influence when the reality is that it could be that you are tired, or nervous – completely innocent.  If the officer decides there is enough probably cause that you were driving under the influence, you will be arrested and brought to the police station. You will be questioned, but you ALWAYS have the right to remain silent; do so.  Ask to consult with an Ohio criminal defense attorney. You will probably be asked to provided breath, blood and/or urine samples for chemical tests to determine the alcohol level in your blood.  You have the right to refuse these tests. Both refusing and testing over the legal limit will result in suspension of your license:

TAKING THE TEST and being over the prohibited amount:  your license will be suspended for 90 days unless you have prior DUIs it will be longer AND the results will be used against you in court. 

TAKING THE TEST and being under the legal limit: you will not lose your license and there won’t be any damaging information for court, BUT, you could still be charged with OVI/DUI

REFUSING THE TEST: your license will be suspended for 1 year or longer if you have previous convictions or refusals and there is nothing to use against you in court.  

The Bottom Line: If you are pulled over, be polite.  Have your license, registration and insurance card ready.  The officer WILL be making observations.  He will ask you to get out of the car and perform tests if he has any reason to believe you have been drinking.  Again, be polite and remain silent.  Just ask to call your attorney.  Call me, I can be reached, always: 513-260-2099