Being pulled over in for a DUI /OVI is beyond upsetting. The flashing lights behind you, the investigation on the side of the road and then the search for your registration and insurance information. Then, if asked, some people get out of the car to perform a field sobriety test on the side of the road, all the while cars are passing and looking. This is beyond stressful and you need to know that field sobriety tests are NOT a reliable indicator of intoxication. These tests are only designed to test for a BAC level of .10 or higher, but law enforcement and prosecutors will still use your performance on this test against you in a court of law, should you take it.
You are never required to take these tests, and you definitely have the right to remain silent and not answer any questions. Often law enforcement will ask where you have been, where you are going, and if you have been drinking. Your best and only answer should be that you need to call your criminal defense attorney. The way in which you may answer any of his questions could be used against you.
To be pulled over and arrested for a DUI/OVI in Ohio is based on law enforcement observing a traffic violation made by the driver and then how law enforcement perceives the results of the field sobriety testing. Don’t give him justification for an arrest. Stay polite, quiet and say no to the testing. Ask to call your criminal defense attorney.
The Bottom Line: Anything and everything you say can be used against you. All information gathered at a traffic stop can be used against you. Realize that if they ask for more than your driver’s license, registration and insurance that they are beginning an investigation for a DUI or another criminal offense. You ave the right to remain silent; use that right. Protect yourself. Any traffic charges that are alcohol related can result in serious and lifelong consequences. Thus, your most important step is to consult with the best Ohio criminal defense attorney to learn all your legal options and protect your rights.
I am always available, please call me: 513-260-2099