Common but avoidable mistakes made after a DUI (OVI) stop can lead to charges being filed and make defending against those charges more challenging. Here are some of the most frequent errors people make in these situations.
If you're pulled over, remember that anything you say can impact the outcome of your case. Even if you pass a breath test and your blood alcohol content is below the legal limit, simply admitting to having had a drink could give the officer enough reason to proceed with further testing or even charge you with an OVI. Politely exercise your constitutional right to remain silent by letting the officer know you prefer not to answer questions.
Additionally, be aware that from the moment of the traffic stop until you leave the station or jail, you are likely being recorded. This includes any time spent in the patrol car, at the police station, and even during phone calls to arrange a ride. Avoid making any statements that could be interpreted as incriminating. Protecting your rights from the outset is crucial.
While some individuals may be released after roadside sobriety tests, this is rare. Typically, these tests are conducted to gather evidence that can be used against you. Despite claims to the contrary by law enforcement and prosecutors, we believe these tests are often designed in a way that makes them nearly impossible to pass.
Roadside sobriety tests are usually performed under challenging conditions, such as standing on the side of a dark road with passing traffic. The situation can be stressful, making it difficult to follow instructions precisely. This often results in video evidence showing individuals appearing unsteady or not fully following instructions, which can then support a charge. To protect yourself, politely refuse to participate in roadside sobriety tests.
During a pretrial meeting, your attorney will negotiate with the prosecutor to potentially resolve, dismiss, or reduce your OVI charge. In these discussions, the prosecutor often consults the arresting officer, who may provide input on your case. If the officer felt disrespected during the stop, they may be less inclined to support any favorable resolution, creating an additional challenge for your defense.
Maintaining a respectful attitude during the stop can make a difference. Even if you choose to exercise your right to remain silent or decline tests, do so politely. This approach can help preserve your options for a favorable outcome in your case.
Many people underestimate the serious consequences of driving with a suspended license, often slipping back into old habits without realizing how this affects their case. Continuing to drive, or even drinking and driving after an OVI arrest, increases your visibility to law enforcement and can quickly make you a target for additional charges.
A charge of Driving Under an OVI Suspended License not only adds a new criminal offense with mandatory jail time but also complicates efforts to resolve your original OVI case favorably. Protect yourself by requesting driving privileges as soon as you're eligible, keeping a copy of the court order granting those privileges with you at all times, and strictly adhering to any outlined conditions. This careful approach can significantly impact the outcome of your case.
Representing yourself in an OVI case significantly raises the risk of being found guilty and can lead to higher fines, longer jail time, and more severe penalties—not to mention a sharp increase in your auto insurance rates. Hiring an experienced attorney who regularly handles OVI defense can make all the difference. With skilled representation, your chances of achieving a fair outcome, as well as a reduction or even dismissal of charges and penalties, are greatly improved.
You may be wondering whether to take the breath test after an OVI arrest. This question specifically refers to the evidentiary breath test at the police station, not the portable roadside test, which is generally unreliable and inadmissible in court. Like other roadside sobriety tests, the portable test is best refused.
However, the decision to take the evidentiary breath test at the station is more complex. While refusing the test was once a common recommendation, recent changes in Ohio law mean that refusal itself can lead to an OVI charge in certain situations. Several factors can influence this decision, such as whether you’ve been drinking, how much you’ve had to drink, your likelihood of a high test result, whether you hold a Commercial Driver’s License (CDL), and whether you have a prior OVI within the last 20 years.
As a general guideline (not legal advice), refusal may be advisable if it’s your first OVI and you have consumed alcohol, while taking the test might be more beneficial if you have a prior OVI. However, each case is unique, so consulting an attorney before making a decision is crucial to protect your rights and future.
The police are increasingly requesting urine tests. This is especially true after both medical and recreational marijuana have become legal. Many agree to take the urine test to show they have not been drinking, in hopes to show that they have not used marijuana recently, or with the belief that a medical marijuana card will get them out of an OVI. Unfortunately, that is not how the law currently works. Rather, if they detect a sufficient level of THC metabolites that is an OVI. The police will not have to prove impairment but rather simply that the person operated (caused movement) to a vehicle and was over the legal limits. More troubling, the THC metabolites they use are unrelated to impairment. A person may have legally used marijuana days or even weeks prior, and yet there may still be sufficient metabolites in their urine for an OVI. We cannot give personal legal advice here, but we cannot think of a reason a person who uses marijuana, even occasionally, would be better off by providing urine test.
