What Do I Do if I Get Pulled Over for DUI?

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In high school or college, you may have experienced distorted vision and physical control by wearing “drunk goggles” or “buzzed goggles” which simulate various levels of intoxication. You may have had to complete a field sobriety or simulated driving test with multiple distractions while wearing those goggles. If so, you may also remember that repeating those actions without the goggles or extra impairments was still difficult.

What did that teach us as young adults other than that we might fail those tests even if we weren’t drinking? It certainly didn’t teach us what to do if we get pulled over and accused of OVI/DUI.

The Law Office of Brian Jones is here to provide the missing part of that lesson.

What is Ohio OVI/DUI Law? OVI statute, R.C. 4511.19

If you are 21 years or older, you can be arrested for an OVI/DUI if your blood alcohol concentration is .08% or above or if law enforcement suspects you are under the influence of alcohol or other drugs. A DUI accusation can affect those who are sober, on prescription medication, or anyone in the driver’s seat of a vehicle – parked or driving.

What if I drink underage and drive?
If you are a minor under the legal drinking age and you are stopped by law enforcement…you must have a BAC under .02%.

What if I have a CDL and drink?
If you are a commercial driver, driving for a living, you must have a BAC under .04%.

Frequently Asked Questions About Being Pulled Over for DUI

At the Law Office of Brian Jones we like to empower our clients to help make smart choices when faced with a possible OVI/DUI situation. Some questions you may ask yourself are: 

  • Why am I getting pulled over? 
  • What do I do if I’m pulled over? 
  • What if I only had a couple drinks? 
  • Do I tell the officer what happened? 
  • What do I do if there are drugs in the car? 
  • What if I take prescription drugs? 
  • Where will I go? 
  • Can I drive after an OVI/DUI? 
  • Will I go to jail? 
  • What happens next in an OVI/DUI? 
  • What are miranda rights?

Remembering the following at a DUI stop can help reduce the chance that you’ll have to contend with answering those questions. 

  • I will provide my driver’s license, registration and proof of insurance.
  • I will sign a citation, if any, and then I wish to leave immediately.
  • I will not answer any questions without an attorney present.
  • I will not perform any voluntary field sobriety, balance, and agility or coordination tests. Nor will I blow into any preliminary breath testing devices.
  • I do not consent to a search of my person, car, home, or other property.
  • If I am not under arrest, I wish to leave immediately.
  • If I am under arrest, I wish to speak to an attorney immediately and no I do not waive any of my rights.
  • I will cooperate in being transported to jail.
  • If you want me to take a chemical test (blood/breath/urine) I wish to speak to my attorney first.
  • If I choose to submit to a chemical test, I want an additional, legal blood test for my own use.
  • I understand that if I refuse to submit to a chemical test, my driver’s license will be immediately suspended, and I may be subject to additional criminal charges. However, I also understand that if I submit to a chemical test and test above the legal limit, my driver’s license will be immediately suspended.

How An Attorney in Delaware, OH Can Help With My DUI/OVI Case?

Ohioans facing an OVI charge are often overwhelmed by the specifics of the complicated OVI statute, and as part of the criminal process, an Ohioan facing an OVI charge can expect to appear in court at least once for arraignment and once for a pretrial. 

Every Ohioan facing an OVI charge should be represented by counsel whether it is a first offense or a twentieth offense to help: 

  • Navigate and understand the process 
  • Attend the pretrial and discuss the evidence against them
  • Identify Constitutional violations in the case
  • Provide the opportunity for the defense to meet with the prosecutor and inform the court 

A DUI defendant must keep in mind that there are non-criminal penalties associated with the traffic charge, whether it is OVI, DWI or Physical Control. For example, the Ohio Bureau of Motor Vehicles requires a $475 license reinstatement fee regardless of whether the suspension occurred under an OVI or a Physical Control Charge.   

If you are facing an OVI/DUI charge, you must choose a DUI Defense attorney who understands the law, the courts, and your rights. The Law Office of Brian Jones is ready to defend your rights as we’d want ours defended.

Written by The Law Office of Brian Jones, LLC

Related Posts
  • DUI Charges and Consequences in Ohio Read More
  • What Crimes Can Be Expunged in Delaware, Ohio? Read More
  • What Are the Differences Between Reckless Operation and Physical Control? Read More

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