DUI in Ohio
If you have been arrested for a DUI in Ohio or OVI as it is technically referred to here, then you know how stressful undergoing a DUI investigation on the side of the road can be. Most people who are asked to perform field sobriety tests on the side of the road, with traffic passing by, usually in the dark, are nervous, and embarrassed. Columbus, Ohio DUI lawyer Peter Binning understands this, and wants you to know that just because you were arrested for an DUI in Ohio, does not mean you will be convicted of that charge.
A typical DUI arrest in Ohio is based on two things: 1) Some traffic violation observed by the police, and 2) the police officer’s interpretation of how you did on the field sobriety tests. Although the officer will ask for a sample of your blood, breath, or urine once you are taken to the police station, the arrest was not based on these chemical tests. It was based on the officer’s observations of you during the traffic stop. The more you communicate with the police officer at the scene, the more information he will have to justify your arrest.
As noted elsewhere on this site, the field sobriety tests are not a reliable indicator of intoxication. They were not designed to test for intoxication. They were designed to test for a BAC level of .10 or higher. Yet, police and prosecutors still use your performance on these tests to argue in court that you were intoxicated.
You are not required to perform these tests, and you are not required to answer the officer’s questions about where you are coming from, where you are going, or how much you have had to drink. You do not know how the officer will use the information you give him in response to these questions. You may be coming from a friend’s house, but if that area of town just happens to be known as a bar district, the officer may infer you are coming from a bar.
Columbus, Ohio DUI attorney Peter Binning knows that it is impossible to predict how officers will use the information they gather from you during a traffic stop. For this reason alone, it is better to provide them with as little information as possible. You should provide them with your driver’s license, proof of registration, and proof of insurance. If they are asking for more information than that, then they are conducting an investigation for a DUI or some other criminal offense. Protect yourself, assert your rights and politely decline to give them more information. If you have been arrested for a DUI in Ohio, then contact Peter Binning right now for a free confidential case evaluation. He has the experience in the courtroom and he has gone the extra mile in the classroom to learn everything he can about DUI defense. Call our office now so we can help you get on with your life.
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SFSTs
SFST or Standardized Field Sobriety Tests are the tests police ask you to perform on the road side if they suspect you have been drinking after you have been stopped for an alleged traffic offense. Defense Attorney Peter Binning is one of the few attorneys in Ohio who are specially trained as an SFST instructor so that he may better represent his clients. But please understand, you are not required to take these tests and there is no penalty for not taking them! So….DON’T TAKE THEM. You are only providing the officers with more evidence to convict you with. These tests are difficult for people who haven’t been drinking. If you have had anything to drink or if you think you would have any difficulty performing them, you should politely decline to take them. Click HERE for more information.
Breathalyzers
There are two different categories of breathalyzer machines. There is the one you take at the police station and then there are portable breath testing devices or PBT, that are small hand held units. If an officer asks you to take a portable breath test DON’T TAKE THEM. There is no penalty for refusing to take a portable breath test (of course the police won’t tell you this) and a PBT can not be used in court to convict you. However, the results on a portable breath test, regardless of whether you pass or fail, can be used by the officer as probable cause to arrest you. Whether you take the larger breathalyzer machine at the station is a little more difficult decision. Please click HERE to find out more about breathalyzers and whether you should or should not take one at the station.
Defenses
There are many defenses to a DUI that can get your charges reduced or even dismissed completely. To understand all the defenses available to you it is very important that you call an experienced DUI Attorney as soon as possible. For your attorney to be able to do the best job for you they need to be involved from the very beginning. They also need regularly practice DUI defense. Many attorneys will tell you that they can handle a DUI and then they just plead you out to the original charges for a minimum sentence. Don’t be fooled. These attorneys have no idea of the depth of a DUI defense. You need a defense attorney like Peter Binning who spends his own time and money to make sure that he knows the updated laws (which change all the time) as well as the best legal practices and loopholes he can use to get the best results for his clients. Click HERE for more defenses Peter Binning can use to help you.
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