As a criminal defense attorney in Ohio, I have seen it all.  You may not be aware of this, but law enforcement can’t just pull you over randomly. There needs to be a justification for it, so the most important thing for you to do is not give them a reason to pull you over.  To reach the legal drinking limit is not a hard task, and after a couple drinks, depending on the size of the person, the BAC level could be reached and if you give a reason to be pulled over, you could be slapped with a DUI.  Of course the very best way to avoid a DUI/OVI would be to have a designated driver, or to call a cab.  That being said, beware of what will get you in trouble and how to avoid it.

  • Keep your vehicle maintained. If you have obvious violations such as a headlight out, broken window or rear view windows, overdue registration, license plate not visible, turn signals out or loud mufflers, get it fixed. All of these give law enforcement a just cause to pull you over. 
  • Obey traffic laws, always. By speeding, squealing tires, failure to use turn signals, following to closely, not coming to a complete stop you are giving law enforcement reason to stop you.
  • Be polite if you are stopped.  Remember to exercise your right to remain silent and do so.  Everyone pulled over is nervous. But if you have had even one drink, you may find yourself even MORE nervous and saying too much.  Don’t even say that you had a drink.  If you are asked if you know why you were pulled over – as this is almost always asked, it seems – say no. The questions will keep coming and you should only answer that it would be best if you call an Ohio attorney. Don’t let there be an opportunity for him to smell alcohol on your breath or hear slurred speech. 
  • Don’t ever take any tests. Even with one little drink in you; don’t take them. They are too subjective and really are just for law enforcement to find clues of impairment. 
  • Do your best to not drive late at night.  Law enforcement at night are aggressively looking for anyone to make a small mistake.   
  • If you don’t call the best attorney when you are pulled over, do your best to remember every detail of the event once you are released. 

The Bottom Line:  Don’t drink and drive. It’s the only guaranteed way you can avoid a DUI.  But in Ohio it is not  illegal to consume alcohol and operate a vehicle. If you choose to do this, and consume a small amount over a period of time, it is best to follow the above tips.  Call me if you are pulled over, immediately, and let me help you.  Put my number in your phone: 513-260-2099