If you have been drinking or are impaired in any way, you should not drive. Finding an alternative to getting behind the wheel when you’ve had too much to drink ensures everyone’s safety and is a guaranteed way to prevent a costly DUI on your record.
However, if you are pulled over and suspected of driving intoxicated:
- You should be polite and cooperative. Your behavior matters. Refrain from being argumentative. An officer’s testimony is almost always given more weight in court.
- You have the right to (and should) refuse a breath test. Breath tests have been proven to give inaccurate results and are sensitive to improper administration. You have the right to politely refuse to take one.
- You can refuse a field sobriety test. Most people know a breath test is voluntary, but you can also decline an officer’s request to administer a field sobriety test.
- At all times during your interaction with a police officer, you have the right to remain silent. You are not required to and should not answer questions beyond providing your name and identification to the officer.
- An officer can (and probably will) arrest you under suspicion of DUI. In this situation, you should not run or resist arrest.
- Once you have been arrested, an officer will ask you to perform an implied consent test.1 These tests are administered by medically trained professionals and are different than the field tests performed by law enforcement officers. While you may refuse to take this test, doing so can result in the loss of your license for up to a year.
- You have the right to speak with an attorney, either court-appointed or hired privately. You should contact an attorney right away.
- You should write down what you remember about your encounter as soon as possible, including names and badge numbers, and document any evidence of injury. You may choose to consult with an attorney to determine further action.
- Follow the terms of your release from jail while your case is pending. Getting yourself in more trouble will only result in more severe punishment.
- Accept the consequences of your actions and complete your punishment. A DUI is a serious offense and puts the lives of others in danger. In 2019, nearly one-third of Ohio's fatal accidents were a result of alcohol impairment.
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 in your criminal or traffic allegation. Please call our office at 330-922-4491 or fill out our contact form.
1 ORC Section 4511.191.
The statute provides that the driver has implicitly consented to taking a breath test, blood test, or urine test for the purpose of determining the alcoholic content.
https://www.responsibility.org/alcohol-statistics/state-map/state/ohio/
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