If police pull you over for signs of drunk driving, any missteps could make your situation worse. That’s why it’s important to understand your rights before a situation arises, from responding to the initial charge to hiring an OVI attorney. If you’re pulled over for a traffic stop under suspicion of operating a vehicle under the influence, use the following guide to avoid potentially incriminating yourself.
What Rights Do You Have During a DUI Traffic Stop?
1. Refusing Field Sobriety Tests
Did you know you are not legally required to consent to a field sobriety test (FST)? FSTs are purely subjective—an officer can claim a driver failed them, even if the driver performed all the tasks perfectly. There aren’t any penalties if you refuse to take a field test.
You can also refuse to take a blood alcohol concentration (BAC) test or urine analysis, but this decision has serious consequences. If you refuse to take a chemical test, the officer will confiscate your driver’s license on the spot and you could receive an automatic year-long suspension on your driver’s license.
2. Remaining Silent
If an officer asks a question that has a potentially incriminating answer, it may be in the motorist’s best interests to exercise the right to remain silent. OVI attorneys remind those who wish to assert this right to do so politely. Getting confrontational could lead to an arrest, even if the motorist is sober.
3. Requesting a Lawyer
If you are arrested, it is wise to call an attorney as soon as possible. You have the right to legal counsel following an arrest, and the sooner you hire a lawyer, the stronger your defense may be. You have a right to make a reasonable number of completed phone calls after booking. In almost every case, this should occur within three hours of your arrival to the station.
If you’re facing charges for operating a vehicle impaired in Ohio, turn to Michael D. Doyle, Attorney At Law. Based in Elyria, this strategic OVI attorney has been practicing law since 1991. Representing clients throughout Lorain, Cuyahoga, Summit, and Erie counties, he has extensive trial experience and fights tirelessly on behalf of those who hire him. To learn more about his experience fighting OVI charges, visit his website. To schedule your free case review with this OVI attorney, call (440) 323-0001.