It is illegal to drive after drinking large quantities of alcohol. Drivers generally should not get behind the wheel when they feel the effects of alcohol. They are also vulnerable to prosecution if they fail a chemical test. Most people are familiar with driving under the influence (DUI) charges. Not everyone understands that Ohio law refers to a DUI offense as an operating a vehicle impaired (OVI) offense. Despite the difference in name, an OVI charge is effectively the same thing as a DUI offense in another state.
Police departments may arrest people for OVI offenses during targeted traffic stops or after crashes. Occasionally, there may even be mass enforcement efforts. Can police departments in Ohio lawfully conduct OVI or DUI checkpoints to screen for drunk drivers?
Checkpoints are legal enforcement tools
Many people assume that OVI or DUI checkpoints are a violation of their Fourth Amendment rights. In fact, the federal Supreme Court has had to rule on a case alleging that exact legal argument previously. The Supreme Court of the United States of America has affirmed that OVI/DUI checkpoints are legal.
Neither Ohio state statutes nor high court rulings from within the Buckeye State have countered that federal standard. As such, police departments across the state can potentially conduct DUI checkpoints, also known as sobriety roadblocks.
What rights do drivers have at checkpoints?
Drivers approaching a DUI checkpoint still have critical rights. If they can safely do so, they have the option of rerouting to avoid the OVI checkpoint. As they proceed through the checkpoint, they have the right to minimize their interactions with law enforcement.
They do not have to submit to field sobriety or answer invasive questions about their prior conduct. They do generally need to present identification and continue following traffic laws as they approach the checkpoint. For those facing charges because of a checkpoint, the defense strategy they intend to use can be different than the strategy used in a standard OVI case.
Reviewing the circumstances of a recent OVI/DUI checkpoint arrest with a skilled legal team could help motorists understand their options. Drivers who have strong legal guidance may be able to fight pending DUI/OVI charges and avoid a criminal conviction.