OVI Checkpoints in Ohio

 

Throughout the year, Ohio holds sobriety checkpoints, which are locations where cars are stopped and drivers are examined for signs of intoxication. The idea is to find people who are driving drunk and arrest them for Operating a Vehicle under the Influence (OVI) which is called a DUI in many other states. The secondary goal is to deter people from driving while drunk in the first place since they may believe there is an increased chance that they will be caught. In Ohio, it is required that DUI checkpoints be set up at places with a longterm history of alcohol-related crashes and/or incidents of impaired driving. Additionally, the date, time, and location for the sobriety checkpoint must be announced to the public in advance, usually a week before.

 

Are Ohio DUI Checkpoints Legal?

 

You may wonder if we are protected from DUI checkpoints by the Fourth Amendment, which protects us against illegal searches and seizures. In 1990, the U.S. Supreme Court heard the case Michigan v. Sitz about precisely this issue, and they determined in a 5 to 4 vote that DUI checkpoints are upheld under the Constitution because they are a justified intrusion made in the public interest.

 

There continues to be controversy around this issue. Despite this ruling, 11 states continue to consider DUI checkpoints illegal. (Ohio, however, has upheld the legality of DUI checkpoints.) And many people believe that DUI checkpoints are actually being conducted to bring revenue into local governments since they write many citations for issues like tinted windows, defective tail lights, out-of-date registrations, and expired driver’s licenses, which bring in money due to fines. In fact, roaming patrols have been proven to be more effective than DUI checkpoints for arresting drunk drivers.

 

What to Do if You Are Stopped at an Ohio DUI Checkpoint

 

When you approach a checkpoint, you will see large, reflective signs as well as marked police vehicles on the side of the road well in advance. According to the Ohio State Patrol website, “It is at this point where motorists who choose not to enter the checkpoint may turn around.” If you choose to do so, be sure you make a legal maneuver, using your turn signal as required, to ensure that you do not give the officers any other reason to pull you over.

 

You will then see a "Sobriety Checkpoint Ahead" sign as well as cones to mark the boundary of the checkpoint. You will either be stopped or signaled to continue on. If you are stopped, the officer will look for "articulable signs of alcohol impairment." If you do not show these symptoms, you will be allowed to drive on.

 

Be aware that questions about where you have been and whether or not you have been drinking may be part of determining if you are showing these signs or not. It is in your best interest to avoid answering any questions that are asked of you, even if they seem harmless, so you do not unintentionally give them evidence to use against you. The only thing you are required to do is confirm your identity and provide your driver’s license, insurance information, and registration if asked.

 

If the officer believes you have signs of intoxication, you will be taken to a screening area. You may be asked more questions, and again, it is in your best interest to politely decline to answer. Then he or she may ask you to take part in field sobriety tests, such as a structured walk and turn and a one-legged stand. The officer is looking for more evidence that you are intoxicated, and you can avoid giving them any by respectfully declining to perform the tests. You are not required to do them.

 

You may also be asked to submit to a breath test. You can refuse, but you will be given an automatic driver’s license suspension for one year, even if you have not been drinking anything. Additionally, under the No Refusal Initiative, the police officer may simply call and get a search warrant, which would enable him or her to take a sample of your blood for a test.

 

If You Are Arrested for a Ohio DUI

 

Continue to remain silent, and ask to speak with your Ohio DUI attorney. He or she can help you to build a defense. Even if you failed a breathalyzer test, there are many reasons why the results may have been wrong. Also, the DUI checkpoint must be conducted following very specific rules, so it is always in your best interest to get the help of an experienced Ohio DUI attorney to ensure you get fair treatment under the law.