OVI Traffic Stops and Checkpoints in Youngstown, Ohio

The Police Can Pull You Over

Law enforcement officers in Mahoning County cannot simply pull a driver over at random. To ensure fairness, there are strict legal standards that dictate who police can stop and when they can do it. The most critical standard is known as “reasonable suspicion.” This means an officer or trooper must base their decision to stop you on observable facts. Common examples include a driver swerving between lanes, speeding, or failing to stop completely at a traffic light or stop sign.

If you believe you were stopped without valid justification, legal assistance is vital. If a Youngstown criminal lawyer can demonstrate to the court that the initial traffic stop was illegal—meaning it lacked reasonable cause—the OVI charges against you could potentially be dismissed entirely.

OVI Checkpoints in Ohio

In the state of Ohio, OVI checkpoints are frequently called sobriety checkpoints, roadblocks, or mobile distinct enforcement. While these checkpoints are not legal in all fifty states, they are permitted in Ohio. The legal foundation for these checkpoints in our state comes from a specific court case known as State vs. Bauer.

There is often debate regarding these roadblocks. One common argument against them is that they violate the standard rule of reasonable suspicion mentioned above. However, the courts have repeatedly ruled that the public interest in keeping drunk drivers off the roads outweighs that specific rule in this context. If you are stopped at one of these locations, a Youngstown DUI attorney can review the specific circumstances of the roadblock to ensure your rights were protected.

During an OVI checkpoint, police officers will stop vehicles to evaluate drivers for signs of intoxication. However, for a checkpoint to be considered legal, it must meet four specific criteria:

• Advanced Warning: Was there sufficient notice given to drivers, including the use of lights during nighttime operations?
• Established Policies: Did the operation use policies established in advance to ensure neutrality and adherence to standard procedures?
• Safety and Visibility: Was the checkpoint established in a location that is safe for both officers and drivers, and was it clearly visible to approaching traffic?
• Official Presence: Were there marked police cars and uniformed officers present at the scene?

Furthermore, the officers managing the checkpoint must adhere to a specific formula for stopping vehicles. They cannot choose cars at random; they must follow a pattern, such as stopping every single vehicle, or perhaps every third, fourth, or fifth car.

When stopped, officers have the authority to ask for your name and driver’s license. They may also ask you questions about where you have been or if you have been drinking. It is important to know that while they can ask, you are not legally obligated to provide detailed answers to investigative questions. Beyond checking your identification, the officer can only detain you for a longer period if they develop a reasonable suspicion that you are intoxicated. If you feel you were detained unlawfully, a Youngstown criminal lawyer from Youngstown Criminal Law Group can help investigate the incident.

What Do I Do if the Cops Stop Me?

If you see flashing lights, always stop your vehicle. Try to pull over in a location where both you and the police officer will be safe from passing traffic. Ideally, turn into a nearby parking lot or a side street. If that isn’t possible, pull off onto the shoulder of the road as far as you safely can. If it is nighttime, turn on your interior dome light so the officer can clearly see you as they approach the car. Turn off your radio, put down your phone, and place your hands visibly on the steering wheel.

Under the law, you are required to provide the officer with your name, your insurance card/information, and your driver’s license.

However, remember that you are not required to answer other questions the officer might ask, such as “Have you been drinking?” You can choose to answer if you wish, but if you do, remain polite and keep your answers brief. You always have the option to politely inform the officer that you will not answer questions unless your Youngstown DUI attorney is present.

If you feel the stop is taking too long, you can ask if you are free to leave. If the officer says no, do not attempt to drive away. Always remain inside your vehicle unless the officer specifically instructs you to step out.

If You Are Asked to Exit the Vehicle

If an officer requests that you exit your car, you must comply with the order. Remain calm and step out of the vehicle slowly.

At this point, if the officer suspects you may be intoxicated, they might ask you to perform field sobriety tests or submit to a breath test. You have the right to refuse these tests, but you should be aware that there are administrative penalties for doing so. One immediate consequence is the automatic suspension of your driver’s license.

You always have the constitutional right to remain silent, and you can refuse to perform both field sobriety and chemical tests. However, be aware that you may still be arrested if the police officer believes there is enough evidence to suggest you are intoxicated or impaired. Refusing to answer questions may provide the prosecutor with less evidence to use against you later, which can make their job more difficult. After any arrest, but especially if you have refused testing for an OVI in Youngstown or Mahoning County, contact a Youngstown criminal lawyer at 412.387.6901 immediately.