Police encounters can be intimidating if you’re suspected of a crime like operating a motor vehicle while intoxicated (OVI), more commonly known as DUI. Each investigative stop or arrest presents unique circumstances. While a criminal defense attorney can offer legal assistance tailored to your scenario, the general overview below will help you learn what to expect.  

What Motorists Should Know About DUI Stops

What Prompts Encounters

Officers must have certain grounds for making traffic stops. Generally, they need to either have probable cause to believe you committed an offense or reasonably suspect that you’re committing a crime. They may directly observe you commit traffic violations, such as driving over or under the speed limit, improperly signaling turns, or driving with your headlights off at night. Equipment violations like broken taillights could also prompt the stop. In other cases, they may receive a tip that you’re intoxicated or committed another offense. You may ask why you were pulled over, but there’s no guarantee the officer will respond.

What Happens During Encounters

Officers have certain investigative tools at their disposal. Failing to pull over promptly or safely or otherwise follow instructions can deepen their suspicions (and indeed can constitute its own offense, as can physical resistance and refusal to provide license, registration, and insurance). Law enforcement agents can visually observe you for signs of alcohol or drug abuse, such as slurred speech, bloodshot eyes, or odors emanating from your breath or car. They may also ask you to exit your vehicle and perform various screenings, such as a balance test or a horizontal gaze nystagmus, under which they’ll track the movements of your eyes as you focus on a pen or other object. They may have you perform a field breathalyzer test. You may refuse, but doing so may carry consequences. Officers may also ask to search your clothing or vehicle. The choice of whether to consent is yours. If they search without requesting or obtaining your permission, a criminal defense attorney can later evaluate the circumstances to determine if said search was improper.  

What Happens Afterward

If you’re arrested, under Ohio’s implied consent laws, you can refuse further chemical testing, but you’ll then generally be subject to license suspension, or potentially even forced to submit if the officer obtains a judge-signed warrant. You’ll be transported to a police station for processing. If the case moves forward to court, the prosecution may attempt to use your refusal against you, arguing that it’s a sign of guilt. A criminal defense attorney will assess the available evidence, which may range from paperwork to dashcam footage, and strategize to protect your best interests.

OVI arrests can come with serious consequences. If you’ve been charged with this crime, turn to the team at the David S. Washington, Jr., firm, in Hamilton, OH. For over 22 years, criminal defense attorney David Washington has fought tirelessly to protect the rights of the accused. Call (513) 751-1400 for a consultation or learn more online.