Thursday is the 4th of July and many of you will, no doubt, turn it into a long weekend of fun, family, friends and parties, both private and public.  The Ohio State Highway Patrol will be out in full force, even conducting a DUI Checkpoint somewhere in Hamilton County on Friday night (TBA). You should expect to see an increased presence of law enforcement officers everywhere you go. Keep the number of a good Ohio Criminal Defense Attorney on hand.

Many times, a driver will believe he is OK to drive after a drink or two.   Do you know what your rights are if you are pulled over during a DUI stop?  No matter what reason that law enforcement gives you for being pulled over, you do, indeed, have rights. First of all, he needed to have had “probably cause” to pull you over. Meaning, he saw an action that gave him enough reason to believe you may be under the influence of drugs or alcohol. IE:

  • Erratic driving
  • Abrupt stopping
  • Lane drifting
  • Driving too fast or too slowly

Next, you have the right against unreasonable search or seizure. If you were stopped for a DUI, your car can’t be searched without “probably cause”.  IE:

  • Clearly displaying open containers of alcohol or / and drugs
  • Smell of alcohol or / and drugs
  • Odd eye movements
  • Red, blood shot eyes
  • Slurred speech
  • Your admitting that you have used alcohol and / or drugs
  • Responding inconsistently to the questioning
  • Falling, clumsy movements.

You may be asked to submit to a blood or breath test after you are read a mandatory warning informing you of the consequences of a refusal. You have the right, in Ohio, to refuse this test. Refusal will end in your license being suspended. There have been times, when law enforcement was able to get a warrant to have a blood sample forcibly drawn. However, the results alone won’t necessarily lead to a conviction.  You need a good Criminal Defense Attorney in Ohio who will be able to defend the charges.

Friday night, July 5, 2013, a DUI Checkpoint WILL be somewhere in Hamilton County, Ohio. There are guidelines to where these are allowed to be located.

  • There must be a history of drunk driving or alcohol related accidents at the location.
  • Residents in the area must be notified of time and location and
  • The stops must be made randomly
  • Signs must be placed

The Bottom Line: An arrest of DUI does not mean you will be convicted. There are many factors that can influence the results of a DUI case. Remember, if you get stopped, exercise your right to remain silent. Ask to call your Ohio Criminal Defense Attorney.  Put my number in your phone.  513-260-2099