Police officers are constantly on the lookout for drunk or otherwise impaired drivers. Operating a vehicle while impaired (OVI) offenses are the Ohio equivalent of driving under the influence (DUI) offenses in other states.
If police officers can support their allegations that a motorist was under the influence, they can arrest that driver. The person accused of an OVI offense could serve time in jail. They are also likely to lose their driver’s license temporarily.
Simple suspicions on the part of a police officer are not sufficient legal justification for an OVI arrest. Police officers need probable cause that the motorist was drunk or under the influence. They gather that evidence by conducting tests during traffic stops.
Do drivers have an obligation to submit to testing requests from police officers?
Pre-arrest testing is optional
Drivers pulled over due to suspicions of impairment or unrelated traffic infractions often face requests to exit the vehicle for roadside testing. Police officers may administer two distinct types of tests.
Field sobriety tests involve a series of structured physical activities intended to gauge an individual’s chemical impairment. Roadside breath testing can validate suspicions that an individual has had too much to drink.
Field sobriety testing often feels compulsory, but it technically is not mandatory. Drivers also do not have any obligation to answer invasive questions about their prior activities or their personal habits regarding alcohol during the traffic stop. Drivers have the right to decline to perform physical tasks at the request of a police officer. Refusing to perform the tests should not result in any additional consequences for the motorist.
Chemical testing is different. Ohio’s implied consent statute authorizes driver’s license penalties for motorists who refuse to submit to chemical testing after an OVI arrest. If a police officer requests a breath test but has not yet arrested a driver, the motorist may have the option of declining. However, the law does generally require that drivers submit to chemical testing after an arrest.
Motorists who are aware of their rights can often avoid mistakes that increase their risk of OVI charges or complicate their attempts to defend against criminal allegations. Reviewing what happened during a traffic stop and the state’s evidence with a skilled legal team can help people develop OVI defense strategies that are as effective as possible in accordance with their unique circumstances.