OVI Traffic Stops and Checkpoints in Steubenville, Ohio

The Police Must Have a Reason to Pull You Over

Police officers cannot randomly pull you over on the road. They must adhere to strict legal standards to determine who they stop and when. The most critical standard is reasonable suspicion. An officer or state trooper must base their decision to stop you on observable facts, such as a driver swerving across lanes, speeding, or failing to stop at a red traffic light or stop sign.

If your Steubenville OVI attorney can prove that you were pulled over illegally without reasonable cause, your pending OVI charges will likely be dropped by the court.

OVI Checkpoints in Ohio

In the state of Ohio, OVI checkpoints are frequently called sobriety checkpoints or roadblocks. While these are not legal in all fifty states, they are perfectly legal in Ohio. A landmark court case called State vs. Bauer serves as the legal foundation for Ohio’s OVI checkpoints.

Although one common argument against these roadblocks is that they violate the standard of reasonable suspicion, courts have consistently decided that the need to keep drunk drivers off the roads outweighs that rule. If you are arrested at a roadblock, a Steubenville criminal lawyer can help protect your rights.

Four Tests for a Legal Checkpoint

During these checkpoints, law enforcement pulls over vehicles to check drivers for intoxication. However, four specific tests must be met for a checkpoint to be considered legal:

• Did the checkpoint provide enough advanced warning, including proper lights at night?
• Did officers use policies established in advance to maintain neutrality and standard procedures?
• Was the roadblock set up in a safe, visible location for approaching drivers?
• Were marked police cars and uniformed officers present at the scene?

The officers running the roadblock must use a predetermined formula to decide which vehicles to stop, such as stopping every single car, or every third, fourth, or fifth vehicle.

Officers are permitted to ask for your name and driver’s license. They can ask questions, though you are not legally required to respond. Beyond that, the officer can only detain you longer if they establish reasonable suspicion that you are intoxicated. If you are detained unlawfully, consulting a Steubenville OVI attorney is vital.

What Should I Do if the Cops Stop Me?

Always stop your vehicle, and do so in a location where both you and the officer will be safe from traffic. Turn into a parking lot or side street if possible. Otherwise, pull off as far onto the shoulder as you safely can. At night, turn on your interior dome light so the officer can see you. Turn off your radio and keep your hands on the steering wheel.

You are legally required to provide the officer with your name, insurance card, and driver’s license.

Interacting with Law Enforcement

Remember that you do not have to answer any additional questions. If you choose to, remain polite and succinct. You have the right to state that you will not reply without legal counsel. If you feel detained for too long, ask if you can leave. If the officer says no, never attempt to drive off. Always remain in your car unless asked to step out, in which case you must comply calmly and slowly.

Field Sobriety and Chemical Tests

If the officer suspects intoxication, they may request field sobriety tests or a breath test. You can refuse, but you will face administrative penalties, including driver’s license suspension. You have the right to remain silent and refuse these tests, though you may still be arrested if the officer believes you are impaired. Refusing to answer questions limits the prosecutor’s evidence, making their job harder. Following any arrest, reach out to a Steubenville criminal lawyer from the Youngstown Criminal Law Group by calling (330) 791-8104.