The goal of sobriety checkpoints is to catch drivers who are under the influence and make the roads safer for everyone else. However, OVI attorneys often remind clients that just because police officers are involved doesn't mean that your legal rights are thrown out the window. Here's a closer look at the legal entitlements that apply to this process. 

A Review of Your Legal Rights During a DUI or OVI Checkpoint

1. Advanced Notice Is Required

Before setting up a sobriety check, Ohio law enforcement has to publicize the event to the public—usually a week or so in advance. Typically, the date, time frame, and location are published in local newspapers, online, and through social media as well as broadcast on the local news. Additionally, the checkpoint must be clearly marked when it’s set up. 

If the correct notifications weren't taken care of ahead of time, your OVI attorney will use the breach of your rights when fighting your case. However, simply not being aware of the notice doesn't qualify. 

2. You Have the Right to Remain Silent

The 5th Amendment of the U.S. Constitution prevents a person from being forced to incriminate themselves. However, not responding to questions during the stop may make officers suspicious and give them probable cause to arrest you. For that reason, be polite and respond to their inquiry—but avoid admitting guilt. 

3. Refusal of a Sobriety Test Is Allowed

Many states, including Ohio, have an implied consent law that requires arrested individuals to submit to a chemical drug or alcohol test. Refusal to comply with the order results in an automatic license suspension. In such situations, your DUI lawyer has 30 days to appeal the suspension. 

At checkpoints, though, officers complete field sobriety tests as the primary method of determining if a person is under the influence. Typically, they use either a coordination activity or a breathalyzer. You're legally allowed to refuse these preliminary screenings as long as you haven't been formally charged.


If you've been arrested for driving under the influence in the Greater Cleveland, OH, area, reach out to Michael D. Doyle, Attorney at Law for guidance. The local OVI attorney has provided criminal law representation to residents across Lorain County for nearly 30 years. Review his experience online and request a consultation today at (440) 323-0001.