If police officers suspect motorists of drunk driving, they need to gather evidence. Typically, they rely on tests to validate their suspicions. Police officers trying to build operating a vehicle under the influence (OVI) cases often begin by asking drivers questions. They may then ask to administer tests. Frequently, police officers ask drivers to exit their vehicle to perform field sobriety tests. They may also ask a driver to submit to breath tests to determine their blood alcohol concentration (BAC).
What rights do drivers have when officers want to administer OVI tests?
Drivers can decline testing
Police officers typically cannot force drivers to submit to tests during traffic stops. Drivers have the right to decline field sobriety testing. They can also refuse to submit to a breath test.
Police officers cannot force drivers to undergo testing against their will. However, refusing tests does not automatically prevent prosecution. If the officer already has adequate probable cause to justify an OVI arrest, the driver could then face consequences if the state can prove that they were under the influence.
Drivers may be at risk of an administrative license suspension. It is standard practice for state authorities in Ohio to temporarily suspend the driving privileges of those involved in OVI offenses. Motorists face the administrative suspension of their driving privileges if they fail a breath test. They are also at risk of an administrative license suspension if they refuse a breath test.
Drivers facing OVI charges may need the support of a criminal defense attorney. They can take action to prevent the state from suspending their license before their case goes to trial. Timely action is generally necessary to prevent an administrative license suspension. Drivers can also regain limited driving privileges after serving a portion of the administrative license suspension in some cases.
The same attorney who helps the motorist retain their driving privileges pending their trial can also assist them in developing a criminal defense strategy. With the right support, motorists may be able to avoid an OVI conviction. Drivers who are aware of their rights are less likely to make mistakes that could increase their chances of an OVI charge and a criminal conviction. Responding appropriately to officer inquiries during a traffic stop can help people avoid unfair criminal charges.