As DUI attorney Bowling Green professionals, the team at Potter Law often field questions from people who have been pulled over for a DUI in the recent past. One thing that people unfortunately don’t spend too much time thinking about involves their rights, even while the arrest itself is taking place.
Just because you’ve been pulled over and you know that you’re under the influence of some type of substance like alcohol doesn’t mean you have given up your rights in that context. Therefore, if you truly want to protect yourself from allowing a bad situation to get even worse, there are a number of important things to consider.
A DUI Arrest and Your Rights: Breaking Things Down
First, it’s important to outline what it means to be guilty for driving under the influence in the state of Ohio in the first place.
As it pertains to alcohol, you must meet either of the following criteria:
- When given a breathalyzer test, your blood alcohol content (BAC) level came in at 0.08% or higher.
- The concentration of alcohol in your urine, when properly tested, is 0.110 or greater.
Even if you know that either of the aforementioned conditions is true, you still have rights that should be protected. First, always know that in any situation, you have the right to remain silent. Given the fact that anything you say – especially in a moment of vulnerability like during an arrest – can be used against you later on in court, it is in your best interest to say absolutely nothing until a lawyer is present.
Similarly, you have the right to not give consent for a police officer to search your vehicle, even if your blood alcohol content is over the legal limit. In the event that said officer has probable cause (or gets a search warrant), they will be able to proceed. But if you deny consent, they legally cannot conduct that search.
Many people don’t realize that you also have the right to refuse any type of roadside field sobriety test that you might be given. The issue is that they’re so subjective (who can say whether you actually walked a straight line or not, or what gives the officer the right to determine if you had an appropriate form?).
Note that in Ohio you may get arrested on the spot if you refuse any type of a chemical test, but that is a different matter altogether. If you do not want to take a field sobriety test administered on the side of the road, you don’t have to and that should not be used against you later on during this process.
Potter Law: Your Ohio Criminal Defense Attorney Partner
As criminal lawyer Findlay professions, the team at Potter Law have spent years lending our expertise to fight for the rights of people all across Ohio. In addition to criminal defense we also handle personal injury cases and others, all while fighting to help get you the best possible outcome regardless of the legal challenges you have in front of you.
If you’re interested in finding out more information about what rights you have if you’ve been pulled over for a DUI in Ohio, or if you’d just like to talk about your own needs with a criminal defense attorney Bowling Green partner in a bit more detail, please don’t delay – contact the team at Potter Law today.