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OVI Pocket Guide

Ohio

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OVI Quick Tips

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Open containers of alcohol are illegal, whether or not they are empty

When questioned, you may say: "I choose not to answer questions without my attorney”

You may decline to perform field sobriety tests

If you have no prior OVI convictions, consider declining all chemical tests

Pull over safely when signaled by police

Stay calm and keep your hands where the officer can see them

Provide your driver license, registration, and insurance

Step out of the vehicle when ordered by the officer

If you have a prior OVI conviction, think carefully before agreeing to chemical tests

You do not have to answer questions about drinking, drugs, or where you were

Field sobriety tests are always voluntary, and you do not have to perform them

You do not have to consent to a search of your vehicle, though it might be searched without your consent

Chemical tests are almost always optional, though refusing carries consequences

OVI Stop, Start to Finish

When the lights go on

Late night and early morning stops often turn into OVI investigations

Officers will watch how you pull over, how long it takes, and how you move inside your car

First contact at your window

If the officer says they smell alcohol, the investigation has already begun

Questions about where you came from or where you are going are designed to build reasonable suspicion

Questions about whether you have been drinking are used to support an OVI charge

Your speech, eye contact, and movements are all being documented

What you could say

Talking will not help and will only create more evidence

You may say: “I choose not to answer questions without my attorney.”

When the officer asks you to step out

Being asked to exit your vehicle means the investigative phase is escalating

At this point, the officer is deciding whether they have probable cause to arrest you

When field sobriety tests come up

Field sobriety tests are voluntary

Officers request them only when they already suspect impairment

In many cases, the officer has already decided to arrest you and is gathering additional evidence

Refusing the tests protects you from unreliable, subjective investigation

The arrest decision

Most OVI arrests are made before you ever reach the chemical tests

Officers rarely change their mind once the investigation begins

Do not argue, negotiate, or try to explain your way out

After the arrest

You will likely be taken to the station or a mobile testing unit

Officers will continue gathering evidence

You may say: “I am invoking my right to remain silent, and I want an attorney”

After invoking, stay completely silent

Chemical testing

Chemical tests are almost always optional, but refusal has consequences

If you have no prior OVI history, refusing may be the safer choice

If you have prior OVIs, think carefully before refusing

Release and next steps

After processing, you will be released or taken to a court hearing

The paperwork you receive contains deadlines and consequences

Contact an attorney immediately so your rights and driving privileges are protected

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