What used to be known as DUI charges in the state of Ohio is now known as OVI, or impaired vehicle operation. What many people don’t know about OVI / DUI charges is that the law is not limited to people who drive a traditional vehicle, such as a car or truck. An officer can charge you with drunk driving if you drive a golf cart, ATV, lawn mower, or even a bicycle.
If you think you can avoid an OVI / DUI arrest by sleeping in the car before heading home, you would be wrong. An officer can file OVI / DUI charges against any individual who is “in control” of the vehicle. Under Ohio law, if you are in the driver’s seat and have the keys in place, you are in control of that vehicle and may face an OVI / DUI arrest.
Be courteous, but don’t incriminate yourself
Whether you were pulled over for speeding or drifting out of your lane, a police officer is trained to identify evidence of intoxication from the moment they approach your vehicle. After finding a safe place to stop, stay in your car with your hands on the wheel. Be courteous and don’t lie to the officer; however, you can refuse to answer incriminating questions.
Any observation made by an officer, slurred speech, alcohol or drugs that are visible in the vehicle, lack of coordination, etc., will be used as probable cause to justify the officer making an arrest for operating a damaged vehicle. Do not add to that evidence by answering “how much you have drunk” with a response of “5 beers and 3 shots of tequila.” You have the right not to respond and your OVI / DUI attorney will appreciate it.
After an arrest, it is your attorney’s job to review any evidence the officer has collected to determine if the officer was justified in administering a field sobriety test and / or arresting you. The charges can be dismissed if this evidence doesn’t stand up, but not if you incriminate yourself with your answers.
Breathalyzers and chemical tests
When you are detained on suspicion of drunk driving, the officer may ask you to submit to a breathalyzer or request a urine or blood test to determine if you are under the influence of drugs or alcohol. You have the right to refuse, however, you will face an OVI / DUI arrest and automatically lose your license for a minimum of one year. This is outlined in Ohio’s Implied Consent Law. However, it is advantageous for you to refuse to blow, which will make it difficult for the officer to collect evidence against you.
Your rights after an arrest
Ohio law determines that a driver is “under the influence” if they have a blood alcohol level of 08 or higher. However, a charge for OVI is not limited to alcohol. The use of drugs, legal or otherwise, that alter your ability to operate a vehicle, may result in a charge for OVI.
Your OVI / DUI defense begins as soon as you are arrested. When you are arrested, you have the right to request an OVI / DUI attorney who can advise you on your options. In situations like this, you want an OVI / DUI attorney who is not only experienced in dealing with Ohio laws, but is also available 24 hours a day, 7 days a week.