If the police suspect you of operating a vehicle under the influence (OVI), they must follow strict procedures. Those rules protect your Constitutional rights and determine whether the arrest and any evidence they collect will hold up in court. When you know what officers are required to do, that knowledge can help you recognize when something may have gone wrong during your arrest.
An OVI investigation usually starts with a traffic stop. Police must have reasonable suspicion that you violated a traffic law or were engaged in criminal activity before pulling you over. Common reasons for a stop include swerving, speeding, or running a stop sign—in short, any observable traffic violation qualifies. However, if they didn’t have a lawful reason, any evidence gathered after that point can be challenged in court.
During the stop, the officer will observe your behavior and appearance. They’ll look for signs of intoxication, like slurred speech or the smell of alcohol or drugs. If the officer has probable cause to believe you’re impaired, they can move forward with an OVI investigation.
Once an officer suspects impairment, they may ask you to complete field sobriety tests. These are standardized tests developed by the National Highway Traffic Safety Administration (NHTSA) to measure your coordination, balance, and focus on the roadside.
Even small errors—such as giving unclear instructions or performing the tests on uneven ground—can make the results unreliable. The tests are voluntary, and you have the right to refuse them. It’s important to remember, however, that refusal can influence an officer’s decision to arrest you.
To make an arrest, the officer must have probable cause to believe you were operating a vehicle while under the influence of alcohol, a controlled substance, or a combination of both. Probable cause can come from a combination of the factors mentioned above.
Once you’re arrested, the officer must inform you that you are under arrest and take you into custody lawfully. You have the right to remain silent and the right to an attorney (Miranda rights), which the officer should make clear.
Anyone driving in Ohio has automatically agreed to submit to a chemical test (breath, blood, or urine tests) if they’re lawfully arrested for OVI. Before giving the test, the officer must:
Chemical tests must be performed by a certified operator using approved equipment. Breathalyzers must be properly calibrated and maintained according to state regulations. If they fail to meet these conditions, your attorney can challenge the test results.
Once you’re in custody, you have several rights that police must respect. They must allow you to contact an attorney before deciding whether to take a chemical test, as long as it doesn’t cause an unreasonable delay. You also have the right to a timely initial appearance in court, where the judge will inform you of the charges and bond conditions.
If police didn’t follow correct procedures during your OVI arrest, that doesn’t automatically get the case dismissed. However, it can significantly weaken the prosecution’s evidence. A skilled defense attorney can use these facts to your advantage and fight for a fair outcome.
If you were arrested for OVI in Ohio, McNamee Defense can review your case and fight to hold prosecutors and police accountable for any mistakes. Contact us today to learn more.
Facing a sizeable bureaucratic justice system can leave you shaking in your shoes. We’re here to tell you it doesn’t have to. Call 614-782-8889 or email us to schedule your free initial consultation today. We take cases in Columbus and across Central Ohio.