What to Do if You Are Pulled Over for Suspected OVI

Being pulled over for suspected Operating a Vehicle while Intoxicated (OVI) can be frightening and confusing. Whether you have been drinking, using substances, or are completely sober, knowing your rights and how to handle the situation can make a significant difference. This guide will help you understand what to do during an OVI stop in Ohio to protect yourself legally while remaining safe and compliant.

Your Rights During an OVI Stop

When an officer stops your vehicle, you have constitutional protections. The Fourth Amendment protects you from unreasonable searches and seizures. An officer may stop your vehicle if they have probable cause to believe a traffic violation occurred, or reasonable suspicion to believe you are impaired or involved in criminal activity. The Fifth Amendment protects you from self-incrimination, which includes your right to remain silent during police questioning. 

Understanding these rights is crucial because anything you say or do during the stop can be used as evidence against you.

What to Do at the Start of the Stop

When you see police lights behind you, follow these steps:

• Pull over safely and promptly

• Turn off your engine and place your hands on the steering wheel

• Wait for the officer to approach your vehicle

• Be polite and respectful in all interactions

• Provide your driver's license, registration, and insurance when requested

• Avoid sudden movements that might alarm the officer

  
  

Remember that the officer is observing everything about your behavior, speech, and appearance from the moment they approach your vehicle.

What Not to Do During the Stop

Certain actions can significantly harm your case:

• Do not volunteer information about where you have been, what you have been doing, or whether you have been drinking

• Do not admit to drinking any amount of alcohol or using any substances

• Do not argue with the officer or become confrontational

• Do not lie to the officer, as this can be used against you later

• Do not consent to searches of your vehicle, though officers may still search without your consent if they believe an exception to the warrant requirement applies

Guidance for Different Situations

If You Have Not Consumed Alcohol or Drugs

If you are completely sober:

• You may state you have not been drinking, but you are not required to

• Cooperate with basic requests like providing identification

• Be cautious about taking field sobriety tests, because sober people often fail due to nerves, health issues, or poor test conditions

• Remember medical conditions or medications can affect performance

  
  

If You Have Had One or Two Drinks

If you believe you are under the legal limit:

• Do not admit to drinking

• Politely decline to answer questions

• Be cautious about field sobriety tests, which are subjective and easy to fail

• Even small amounts of alcohol may affect balance or coordination

If You Have Had More Than a Couple Drinks

If you may be over the legal limit:

• Exercise your right to remain silent

• Do not admit to drinking

• Refusing field sobriety tests is lawful

• Poor performance on the tests will be used against you

• Your behavior and speech are being observed and likely recorded

• Understand that officers are likely already preparing for arrest

If You Have Prior OVI Convictions

If you have previous OVI convictions:

• Be especially careful about what you say

• Penalties increase significantly for repeat offenders

• Know that felony enhancements apply based on prior convictions

• Exercise your right to remain silent

• Contact an attorney immediately if arrested

  
  

What Police Can and Cannot Require

During an OVI stop in Ohio, officers have specific authority.

Officers CAN require:

• Your driver's license, registration, and insurance

• You to exit the vehicle

• Request field sobriety tests if they already have reasonable suspicion of impairment, meaning they already believe you may be under the influence

  
  

Officers CANNOT:

• Search your vehicle without probable cause or consent

• Randomly demand chemical testing without arresting you first

• Continue detaining you indefinitely without reasonable suspicion

Important Legal Clarification: Officers must have specific, articulable indicators of impairment before requesting field sobriety tests. By the time an officer asks you to perform them, they already suspect impairment and are usually preparing to arrest you. Field sobriety tests mainly serve to provide them with confirmation and evidence for prosecutors.

Field Sobriety Tests and Chemical Testing

If an officer suspects impairment, they may request field sobriety tests. These tests must be administered in substantial compliance with standardized procedures to be considered reliable.

You are legally allowed to refuse field sobriety tests, and doing so does not trigger an Administrative License Suspension ("ALS"). Your refusal may be one factor in probable cause but cannot be used as evidence of guilt.

If you are arrested for OVI, Ohio’s implied consent law means you must choose whether to submit to chemical testing. Before requesting chemical testing, the officer must read specific written warnings.

• Refusing chemical testing does trigger an ALS

• Failing a chemical test also triggers an ALS

  
  

We will cover these topics in separate articles.

What You Can and Cannot Do During an OVI Stop

Drivers also have specific rights and limits during an OVI stop in Ohio.

You CAN:

• Remain silent and decline to answer questions

• Politely refuse field sobriety tests

• Clearly state that you do not consent to vehicle searches

• Ask if you are free to leave

• Record the encounter as long as you do not interfere

• Provide your license, registration, and insurance without offering extra information

You CANNOT:

• Lie to the officer about your identity or provide false documents

• Physically resist or obstruct the officer

• Drive away before the officer dismisses you

• Refuse chemical testing after a lawful arrest without triggering an ALS

• Ignore lawful orders such as stepping out of the vehicle

Refusing field sobriety tests does not cause a license suspension. Refusing chemical tests after arrest does.

When to Contact an Attorney

You should contact an experienced OVI attorney immediately if:

• You are arrested for OVI

• You believe the officer violated your rights

• You refused chemical testing

• You failed field sobriety tests or chemical testing

• You have prior OVI convictions

  
  

Early intervention by an attorney can be crucial in protecting your rights and building your defense.

Contact Harmony Law Today

If you have been charged with OVI or believe your rights were violated during a traffic stop, do not wait to seek legal help. We understand Ohio OVI law and will fight to protect your rights and your future.

Contact Harmony Law today for a consultation about your case. We are here to guide you through this challenging time and work toward the best possible outcome.