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You Have Rights! Use Them!
Dayton DUI Attorney Charles Rowland > DUI Law > You Have Rights! Use Them!
You have rights – use them! A typical DUI/OVI stop starts with a probable cause traffic stop. Depending on the time of day, the location or the way you are driving, the officer may begin the encounter believing that you are possibly “19” (police shorthand for a possible R.C. 4511.19 (DUI) violation). Probable cause for the stop can be anything from severe weaving or crashing all the way down to something as de minimus as a license plate light out. The officer’s true purpose in pulling you over cannot be questioned if there is even a minor violation of law.
When you are pulled over for a traffic infraction the police officer has no evidence that you may be driving under the influence. Once you are stopped, the officer begins gathering evidence against you for OVI/DUI. If you do not give him the evidence I can win a charge of DUI/OVI. And there is only one way for the officer to obtain evidence: You must give it to him!
Examples are letting the officer engage you in conversation. By doing this he hears your speech hears your thought processes and begins to build his case. He smells your breath. During the process he also views your eyes to see if they are red, bloodshot, or watery. The officer will also ask you for your license, insurance and registration. He is doing this to see if you fumble through your belongings, thereby demonstrating lack of dexterity. Have these papers ready at hand anytime you are in the car. Have them waiting for the officer on the dash.
The Officer’s Decision – Can You Be Removed From The Car?
At this point, the officer must determine if he has enough evidence to remove you from the vehicle. If he believes he does, he will ask you to take standardized field sobriety tests. There is no legal obligation or requirement to perform these tests. Know your rights -Do not take Field Sobriety Tests! Finally, do not be a knucklehead to the officer. Be polite and courteous even if you do not receive the same treatment as most encounters are recorded. Do not argue or try to justify your conduct as all of this will be used against you. Once the officer decides to arrest you there is nothing you can do to avoid the arrest. Let me handle that for you later!
To blow or not to blow, that is the question. Unfortunately, the answer is “maybe” and involves a very complicated investigation of the facts of your case and your personal history. You should NEVER refuse the test without understanding how a refusal would affect YOU. No attorney can know all of the circumstances of your arrest and your personal history, always ask to speak to an attorney when making this decision.
Can you answer “TRUE” to ALL of the following questions? If so, you can politely DECLINE any police test(s) of your blood, breath, or urine with minimum impact. Be prepared and know your rights.
No matter where I currently have a license to drive, I have had no prior drunk driving convictions or deferred pleas for DUI in ANY state within 6 years (from the date of conviction until now).
Refusing a chemical test can result in harsh penalties which includes a one-year license suspension, but your attorney can fight to get this reduced. In some courts your refusal may be held strictly against you and in others you may be able to get a reduced suspension despite your refusal. In State v. Hill, 2009-Ohio-2468, the Appellate Court upheld the right of a trial court to enhance a penalty based on a refusal to take the chemical test. In most circumstances, a refusal to take a chemical test will result in a longer hard-time suspension (30 days rather than 15 days without any driving privileges). [see the Automatic License Suspension section of this blog]. You should also engage in an honest assessment of your alcohol consumption. If you risk testing over Ohio’s “super-OVI” threshold (over a .17% BAC) you may do harm by taking the test. Take these factors into account when making your decision to blow or not to blow.
Any criminal defense attorney would rather have less evidence against you rather than more, but giving blanket advice to refuse the chemical test is a mistake. Be prepared to make the best decision for you. You can also plan ahead by storing my contact information in your smart phone: (937)776-2671.
All I do is DUI defense!
Charles M. Rowland II has been representing the accused drunk driver for over 20 years. Contact him at (937) 318-1384 if you find yourself facing a DUI (now called OVI) charge.
"All I do is DUI Defense"
An attorney since 1995, Charles Rowland dedicates his practice exclusively to representing the accused drunk driver and has worked to amass more credentials than any attorney in his field.
Sometimes you may find yourself in difficult situations and not be able to defuse the situation without going to court.
Ohio Communities Served: Beavercreek, Centerville, Clayton, Dayton, Eaton, Englewood, Enon, Fairborn, Franklin, Huber Heights, Kettering, Lebanon, Lima, Miamisburg, Oakwood, Piqua, Riverside, Springboro, Springfield, Sydney, Tipp City, Trotwood, Troy, Vandalia, Washington Court House, West Carrollton, Xenia, and Yellow Springs.
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