Being scared, nervous, or stressed is not uncommon if you’ve just been pulled over for a
DUI/OVI. Your mind may be racing, and you want to be compliant, but in doing so, you may be doing yourself a disservice. Knowing your rights and what you should and shouldn’t do is essential before facing this situation.
In Ohio, a DUI is called an OVI (Operating a Vehicle Under the Influence). An OVI arrest begins with a law enforcement officer's initial traffic stop or another initial contact. The officer will immediately begin observation to determine if there is suspicion of intoxication, including:
- assessing your physical appearance
- engaging in conversation to evaluate your speech
- identifying other behavioral information such as where you are coming from and if you have been drinking
It is important to remember you have the right to, and should, remain silent. You are not required to answer any questions, with the exception of providing your name and identification to the officer.
An investigation by the officer begins with initial contact, but if you are asked to perform a series of roadside tests, you are officially being investigated for a DUI. Again, it is essential to comply with the officer’s request to step outside the vehicle, but it is within your rights to refuse any field sobriety test, including a breathalyzer. There are reasons to decline the breath alcohol test. The roadside test administered with a portable breath test (PBT) is frequently unreliable. As such, it is not admissible in court. Refusing any testing prevents law enforcement from gathering additional evidence that could be used against you during court proceedings. However, refusing a breath test will result in a mandatory administrative license suspension (usually one year) from the BMV. It is also very likely that you will be arrested for Suspicion of DUI/OVI.
If you have been arrested, you should continue to exercise your right to remain silent and contact an attorney as soon as possible. A DUI conviction on your record can have an enduring negative impact on your life. It could result in jail time, fines, or the loss of your job.
Contact our office to schedule an initial consultation if you have recently been charged with a DUI or OVI and need immediate legal representation in the Akron, Canton, or Summit county area. Our Akron criminal and traffic law attorneys will work with you to address your specific situation and come to the best possible resolution for your criminal or traffic allegation. Please call our office at
330-922-4491
or fill out
our contact form.
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