The state of Ohio does not take driving under the influence lightly. It's considered a serious offense that carries potential jail time, fines, and license suspension, so a DUI attorney is necessary to navigate these hazards. If you're pulled over for a DUI, it's important to understand your rights to protect yourself. 

When Can You Be Charged With DUI?

In Ohio, a DUI is also called an OVI (operating a vehicle under the influence). Drivers can be charged with OVI if they're behind the wheel under the following circumstances: 

• Blood alcohol concentration (BAC) of .08% or higher, which is also referred to as a "per se" OVI.
• A certain amount of amphetamine, cocaine, heroin, LSD, marijuana, methamphetamine, or PCP in the body.
• Impairment by drugs, alcohol, or a combination of the two to the extent that it adversely affects the driver's actions, reactions, or mental processes.

What Are Your Rights During a Police Stop?

The Fourth Amendment of the U.S. Constitution prohibits unreasonable searches and seizures, which encompass traffic stops. Therefore, the police must have reasonable suspicion that a driver is impaired in order to pull them over. However, this does not apply to random DUI checkpoints. 

Even if the police can state reasonable suspicion or stop you at a checkpoint, you have other rights to protect yourself. While you must give an officer your name, license, and proof of insurance, you do not have to answer any other questions, such as "Have you been drinking tonight?" Under the Fifth Amendment, you have the right to remain silent and not incriminate yourself. 

You may refuse to take a field sobriety test, which relies on an officer's subjective opinion, or a chemical test. However, if you reject a chemical test, your license can be suspended for a period under Ohio's implied consent law. A DUI attorney can mount a strong defense against a charge by arguing that law enforcement violated one of your rights. 

If you need a DUI attorney, trust the experienced team at Ibold & O'Brien. Based in Chardon, OH, the full-service law firm provides reliable legal counsel and representation to clients across Geauga and Ashtabula counties. They apply their years of experience and broad range of expertise to matters including DUI, traffic violations, and criminal defense. Call (440) 437-5295 for a consultation or visit the firm's website for more information about their practice areas.