Driving under the influence (DUI) is a serious offense across the United States. DUI is called OVI in Ohio. DUI checkpoints are tools law enforcement uses to deter impaired driving. Here are five frequently asked questions about DUI checkpoints that can help you better understand your rights and responsibilities.
1. What are DUI checkpoints?
DUI checkpoints are spots where police officers halt vehicles to check for drivers who might be impaired. These checkpoints are legal in many states and aim to reduce drunk driving incidents. Officers check for signs of intoxication and may conduct field sobriety or chemical tests if they suspect impairment.
2. Can you refuse to go through a DUI checkpoint?
Once you are at a DUI checkpoint, you must comply with the officers’ requests. This includes stopping your vehicle and talking to the officer. Refusing to comply can lead to arrest and potential jail time. However, if you notice a checkpoint in advance, you may legally make a U-turn to avoid it if you do not break any traffic laws.
3. What tests might you face at a checkpoint?
At a checkpoint, officers may ask you to perform field sobriety tests. These tests assess your physical and cognitive abilities. Examples include walking a straight line, checking your eyes, or standing on one leg. If officers suspect intoxication, they may request a chemical test, such as a breathalyzer. Field sobriety tests are voluntary in Ohio.
4. What happens if you refuse a chemical test?
Refusing a chemical test can have serious consequences. In Ohio, if you are arrested for an OVI and you refuse a chemical test the BMV will suspend your license administratively for a year and you will have to wait at least 30 days to request driving privileges from the court. If you have a prior OVI conviction a refusal may enhance penalties if convicted of DUI. A refusal may sometimes be used in court against you.
5. How does a DUI affect your driving privileges?
A DUI arrest or conviction can severely impact your driving privileges. You may have the option to request a hearing to appeal the suspension. A first offense OVI in Ohio with a failed chemical test, meaning you tested over the legal limit, will cause a BMV suspension for 90 days and you must wait 15 days to request driving privileges from the court. Repeat offenses can lead to more severe penalties, including mandatory installation of an ignition interlock device in your vehicle. If you have specific questions or face charges, consulting with a DUI attorney is advisable for guidance tailored to your situation.
Facing a DUI checkpoint can be a stressful experience, but understanding your rights and responsibilities can help you manage the situation more confidently. Remember, driving under the influence poses significant risks to your safety and that of others.