OVI Traffic Stops and Checkpoints in Warren, Trumbull County, OH

The Police Can Pull You Over

Police officers can’t just pull you over without reason. They must follow specific standards to determine when and whom to stop. The most significant standard is “reasonable suspicion.” An officer must base their decision on observable facts, such as a driver swerving or failing to stop at a traffic light or stop sign.

If your Warren OVI lawyer can demonstrate that you were stopped without reasonable cause, your OVI charges will be dismissed.

OVI Checkpoints in Ohio

In Ohio, OVI (Operating a Vehicle under the Influence) checkpoints, also known as sobriety checkpoints or roadblocks, are legal. This legality is rooted in the court case State vs. Bauer.

While some argue that these checkpoints violate the principle of reasonable suspicion, courts have consistently ruled that the need to keep drunk drivers off the road outweighs this concern.

Legal Criteria for OVI Checkpoints

During an OVI checkpoint, officers pull over vehicles to check drivers for intoxication. For a checkpoint to be considered legal, it must meet four criteria:

1. Advanced Warning: Was there sufficient advanced warning, including lights at night?
2. Established Policies: Were there pre-established policies to maintain neutrality and standard procedures?
3. Safe Location: Was the checkpoint set up in a safe, visible location for approaching drivers?
4. Police Presence: Were there police cars and uniformed officers present at the checkpoint?

The officers at the checkpoint should use a predetermined formula to decide which vehicles to stop, such as every car or every third, fourth, or fifth vehicle.

Officers may ask for your name and driver’s license. They can ask you questions, but you are not legally required to answer. Beyond that, an officer can only detain you longer if they have reasonable suspicion that you are intoxicated.

What to Do if the Police Stop You

Stay Calm and Compliant

• Stop Safely: Always stop in a location where both you and the officer will be safe from other traffic. If possible, pull into a parking lot or side street. Otherwise, pull off as far onto the shoulder of the road as you can.
• Visibility: At night, turn on your dome light so the officer can see you clearly as they approach your car. Turn off your radio or other audio and hold the steering wheel.

Required Documents

You must provide the officer with your name, insurance information/card, and driver’s license.

Interaction with the Officer

• Answering Questions: Remember, you are not obligated to answer any other questions the officer might ask. If you do choose to answer, be polite and brief. You always have the option to inform the officer that you will not reply unless your Warren OVI attorney is present.
• Duration of Stop: If you feel the officer is keeping you too long, you can ask if you are free to leave. However, if the officer says no, do not attempt to drive off. Always remain in the car unless instructed otherwise.
• Exiting the Vehicle: If the officer asks you to step out of your vehicle, you must comply. Stay calm and exit the vehicle slowly.

Sobriety Tests

If the officer suspects you might be intoxicated, they may ask you to perform field sobriety tests or submit to a breath test. You can refuse these tests, but there are consequences, such as the suspension of your driver’s license.

You have the right to remain silent and refuse to perform field sobriety and chemical tests. However, you may still be arrested if the officer believes you are intoxicated or impaired. Refusing to answer questions may provide less evidence to the prosecutor, making their job more challenging. After any arrest, particularly if you refused testing for an OVI, contact a Warren criminal lawyer immediately call us at (330) 992-3036.

By adhering to these guidelines and understanding your rights, you can better handle OVI traffic stops and checkpoints in Warren, Trumbull County, OH under the Ohio Revised Code.