A
DUI/OVI charge usually begins when a law enforcement officer effectuates a traffic
stop upon an individual. There are many reasons why an officer may choose
to stop a driver. Most commonly, the officer will have observed the driver
do one or more of the following: engage in behavior such as swerving that
indicates intoxication, commit one or more traffic violations such as
speeding, operate a vehicle with an equipment violation such as a broken
taillight.
Once the officer pulls the individual over, he will approach the vehicle
and being communicating with the driver while making several observations.
The officer will be looking for signs of intoxication such as the odor
of alcohol, redness or glassiness of the eyes, impaired speech or coordination,
and degree of cooperation.
If the officer feels that he has observed sufficient facts indicating
that the individual is intoxicated, he will request that they submit to
a series of field sobriety tests. Ohio has three standardized field sobriety
tests: the one leg stand (requiring the driver to stand on one leg for
thirty seconds), the horizontal gaze nystagmus (requiring the driver to
follow a pen or other object with his eyes to test for jerky eye movement)
and the walk and turn (requiring the driver to walk nine steps, turn,
and walk nine steps back).
Although it is legal to refuse to submit to field sobriety tests, the
driver still be arrested and charged with a
DUI/OVI. Field sobriety test results and recordings of field sobriety tests taken
by video cameras in police cruisers are usually admissible as evidence
of a driver's sobriety, or lack thereof, in court.
Based upon his observations and results of field sobriety tests, if conducted,
the officer may conclude that there is "
probable cause" to believe that the driver was operating a motor vehicle under the
influence of alcohol. "Probable cause" is defined as a reasonable
amount of suspicion, supported by circumstances sufficiently strong to
justify a prudent and cautious person's belief that certain facts
are probably true. At this point, the officer will place the driver under
arrest and transport them to the police station.
At the station, the officer will likely question the driver, asking questions
about the circumstances surrounding the incident such as the individual's
intended destination and whether they have consumed any alcohol. The driver
has the right to remain silent and, should they choose not to speak to
the officer, should respectfully inform the officer that they do not want
to answer any questions until they consult with legal counsel.
Next, the driver will be asked to provide a sample of his breath, blood,
or urine for
chemical testing to determine his blood alcohol content. In Ohio, it is illegal to operate
a motor vehicle with a blood alcohol content in excess of 0.08. The individual
may refuse to submit to chemical testing, but refusal results in an automatic
license suspension known as
Administrative License Suspension.
Before submitting to or refusing chemical testing it is important to consider
the following:
- Chemical test results showing that the driver is under the legal limit will not result in license suspension, but the individual may still be charged with DUI/OVI.
- Chemical test results showing that the driver is over the legal limit will result in license suspension of 90 days, longer if the person has prior DUI/OVI convictions, and the results of said tests may be used as evidence in court.
- Refusal chemical testing will result in license suspension of one year, longer if the person has prior DUI/OVI convictions, and the person may still be charged with DUI/OVI, but there will be no test results to be used as evidence in court.
- Ohio law provides that certain people may NOT legally refuse chemical tests, including those that been convicted of a DUI/OVI within 20 years. Further, individuals on probation and commercial drivers may face additional consequences for refusing chemical testing.
