If you get pulled over by the police, be calm and keep these guidelines in your mind:

• Look for a safe place to pull over. If you’re on a highway, pull over to the shoulder.
• Once pulled over, do not get out of your vehicle, turn off the engine and roll down your driver’s side window. Keep your hands visible on the steering wheel. Do not run away!
• Wait for the officer to approach your vehicle, and for his instructions. He will ask for your license, registration, and proof of insurance. Be polite and respectful.
• Avoid arguing or being confrontational with the officer. If you disagree with the ticket or citation, you can dispute it in traffic court.
• An officer who stops you for an alleged traffic violation has the right to order and insist that you and your passengers get out of your car. See Pennsylvania v. Mimms, 434 U.S. 106 (1977); Maryland v. Wilson, 519 U.S. 408 (1997). Listen carefully to the officer’s question/instructions. Be polite, responsive, and do not volunteer information. Do not get out of your vehicle and start arguing with the police officer.

Yes, you have the right to refuse to take a field sobriety test. Inform the officer that you do not wish to take any tests and call

Refusing a blood breath or urine test upon an officer’s request results in an Administrative License Suspension (“ALS”) by the Ohio BMV, and you may be subject to arrest for operating a vehicle under the influence of drugs or alcohol. However, your attorney may find grounds to file an Appeal of the ALS and beat the suspension. You may be subject to arrest for operating a vehicle under the influence of alcohol and or drugs of abuse.

If the police has a reasonable suspicion, he will try to gather evidence of your intoxication. He will definitely take cues from your conduct and appearance including, but not limited to, your slurred speech, bloodshot eyes, odor of alcohol, or other items observed in plain sight that suggests that the defendant may have been using or abusing drugs or alcohol.

The trial court will look at various factors to determine whether the officer had  a reasonable, articulable suspicion for pulling you over, and whether there was probable cause to believe that a DUI/OVI offense had been committed. The Evans factors for determining whether a reasonable, articulable suspicion existed for the officer to believe defendant was impaired and in requesting defendant to perform field sobriety tests include, but are not limited to:

1. location, time and day of the stop;
2. erratic driving that shows lack of coordination;

• a cognizable report that the driver is intoxicated; the arresting officer’s experience in dealing with dunk drivers may also be relevant

1. condition of the suspect’s eyes; speech impairments;
2. odor of alcohol from interior of the car or the suspect’s breath; the intensity of the odor;
3. the suspect’s demeanor; actions that indicate a lack of coordination; and

• an admission of alcohol consumption. See Evans, 127 Ohio App.3d at 63, fn. 2, cited with approval in City of Findlay v. Jackson, 2014-Ohio-5202, P1, 2014 Ohio App. LEXIS 5063, *1

The officer may administer a field sobriety test.  For the results of a field sobriety test to serve as evidence of probable cause to arrest, the police must have administered the test in substantial compliance, rather than strict compliance, with standardized testing procedures. R.C. 4511.19; R.C. 4511.19; State v. Schmitt, 101 Ohio St.3d 79, 82, 2004 Ohio 37, 801 N.E.2d 446; see City of Strongsville v. Troutman, 2007-Ohio-1310, P22, 2007 Ohio App. LEXIS 1201, *9-10 (8th Dist.).

Defending against a DUI or OVI charge in Ohio can be complex, and the strategies used will depend on the specific circumstances of your case. Here are some possible defenses:

• Challenge the Traffic Stop:You may challenge the legality of the traffic stop that led to your arrest. If the police did not have valid reason for the stop, any evidence obtained from the unlawful stop may be suppressed.
• Challenge the Field Sobriety Tests: Field sobriety tests (FSTs) are subjective assessments of a driver’s coordination and balance. You may challenge the accuracy and reliability of these tests, arguing that other factors (fatigue, medical conditions, etc.) affected your performance.
• Challenging the Breathalyzer or Blood Test Results: You may question the accuracy and reliability of the chemical test results, such as the Breathalyzer or blood test. This can involve challenging the maintenance and calibration of testing equipment or the qualifications of the person administering the test.
• Chain of Custody Issues: If blood samples were taken, you may challenge whether proper procedures were followed to maintain the chain of custody. Breaks in the chain of custody can raise doubts about the integrity of the blood sample.
• Rising Blood Alcohol Defense: This defense argues that your BAC was below the legal limit at the time of driving but rose to an illegal level by the time the test was administered. You may need an expert to testify to this.
• Medical Conditions or Medication: If you have a medical condition or were taking prescription medication, your attorney may argue that these factors contributed to the appearance of impairment or elevated BAC levels.
• No Actual Physical Control: You may challenge whether you were in “physical control” of a vehicle while impaired. If you were not actually driving or operating the vehicle at the time of arrest. 
• Miranda Rights Violation: If the police failed to read you your Miranda rights before questioning you, your attorney may challenge the admissibility of statements you made during the initial detention, seizure and arrest. 
• Improper Arrest Procedures: If your arrest procedures did not follow proper protocols, such as failing to provide you with a proper opportunity to contact an attorney, your attorney may challenge the legality of your arrest.
• Witness Credibility: You may challenge the credibility of the arresting officer or any witnesses involved in your case, casting doubt on the accuracy of their observations or testimony.

It is crucial to speak to an attorney with the necessary knowledge, skill, and expertise to pursue a vigorous defense and achieve the best results for your case.

Penalties will vary depending on factors such as the driver’s blood alcohol concentration (BAC), any prior DUI/OVI convictions, and other circumstances surrounding the offense. The penalties for OVI offenses include mandatory minimums, which means the judge has no discretion in sentencing.

First OVI/DUI Offense in 10 years:

• Misdemeanor of the first degree
• 3 days jail or 3 day Driver Intervention Program (“DIP”): 72 hour lockdown course
• $375-$1,075 fine
• 1-3 year license suspension
• Driving Privileges: Must wait 15 days from the date of the offense

Second OVI/DUI Offense in 10 years (simple OVI, low test or drug) 

• Misdemeanor of the first degree
• License Suspension: A second offense results in a license suspension of one to seven years. The courts can require plates and Interlock devise if you are granted driving privileges. 
• Fine: The fine can range from $525 to $1,625.
• Mandatory Alcohol/Drug Assessment and Treatment if Recommended. 
• 90 day immobilization of vehicle (boot on vehicle) if registered to Defendant. 
• Jail Time: A mandatory minimum of 10 consecutive days in jail, or 20 days in jail if you blew high (.17 or above) or if you refused a breath test and have a prior refusal within 20 years, up to a maximum of 180 days.

Third Offense DUI/OVI (within 10 years):

• Unclassified Misdemeanor
• License Suspension: A third offense results in a license suspension of two to 12 years. The courts can require plates and Interlock devise if you are granted driving privileges.
• Fine: The fine can range from $850 to $2,750.
• Mandatory Alcohol/Drug Addiction Program
• Forfeiture of the vehicle if registered to Defendant
• Jail Time: A mandatory minimum of 30 consecutive days in jail, or 60 days in jail if you blew high (.17 or above) or if you refused a breath test and have a prior refusal within 20 years, up to a maximum of one year.

Felony DUI/OVI:

A history of multiple DUI/OVI offenses within a specified timeframe, you can be charged with a felony, which can result in more severe penalties, including a prison sentence.

Penalties may include:

• A mandatory local incarceration or prison
• A fine of up to $10,500.
• License suspension of three years to life. The courts can require plates and Interlock devise if you are granted driving privileges.
• Mandatory completion of a drug or alcohol treatment program.
• Forfeiture of the vehicle if registered to Defendant
• Probation.

The penalties for underage drinking and driving in Ohio can include the following:

First OVUAC Offense in one year: A first offense is a misdemeanor of the fourth degree, carries a maximum penalty of 30 days in jail and a $250 fine, along with a license suspension for a period of 90 days to 2 years. The underage driver must also wait 90 days hard time before the court can grant driving privileges. The lookback period for whether someone has a prior OVUAC is only one year. 

Second OVUAC Offense in one year: A second offense within one year is a misdemeanor of the third degree, carries a maximum penalty of 60 days in jail and a $500 fine, plus license suspension for a period of 1 to 5 years. The underage driver must also wait 90 days hard time before the court can grant driving privileges.

Mandatory Alcohol Education Programs: may be required by The Ohio BMV

We help guide you through all of the court procedures and make sure your constitutional rights are met and that you get a fair resolution.