Tests Carried Out When Someone Is Stopped For DUI/OVI In Ohio

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What Tests Are Carried Out When Someone Is Stopped For DUI/OVI In Ohio?


Tests carried out when someone is stopped for Dui/Ovi in Ohio, like these are designed to detect impairment, impaired driving due to alcohol. There are three of them that are standardized in Ohio: the first one is called the HGN, which stands for Horizontal Gaze Nystagmus.

The Horizontal Gaze Nystagmus is the one where the police officer moves a fingertip or pencil in front of your eyes. They are checking for involuntary jerking movements of the eyes that can occur if a person is intoxicated. The problem with that is, one, that those jerking movements can occur for any number of reasons and most of them are not alcohol related.

The other issue with that particular test is that very rarely does an officer perform it correctly. Attorney Bangerter has actually been certified with the same training that officers get to administer those tests and it takes three full days of training to learn to do it right, and the officers often do not.

The other two standardized DUI tests are called the walk and turn and the one legged stand. Walk and turn is the one where they have a person basically walk a line and the one legged stand is where they stand on one leg for thirty seconds. There are a lot more technical elements to both of those and again the officers learn how to do those over an entire weekend or three days of training, and practice them.

Almost everybody who gets pulled out of their car to take those tests have never seen them before and have never done them before. They are expected to instantly remember all those details as soon as they are told by the police officer and then perform it correctly regardless of whether they have been drinking or not and it is very difficult to do that.

Can Someone Refuse To Do a DUI Test? Are There Any Consequences?

Yes they can. It is just like speaking with the police. You can decline to take those field tests that are a little known so you do not see it very often. As a practical matter, the police officer may decide that he wants to arrest you just based on whatever else he sees. If he smells alcohol or something like that, but you certainly are well within your rights to decline to take those tests.

Are Those Tests Actually Admissible In Court As Evidence?

Yes they are. In trial, the prosecutor will typically play the dash cam video of the stop. They will show all of the tests, and they will show the officer doing the tests. They will show the client trying to perform the tests. The thing that is not admissible is the portable breath test.

For the breath test, the officer will take you back to the station and have you blow into the machine that is admissible. But if they give you a portable breath test on the side of the road, that is not admissible in court.

Can Someone Refuse To Do The Portable Breath Test And Are There Consequences To Doing So?

For the portable breath test no. If someone refuses to take the actual breath test back at the station, Ohio has what is called the “implied consent law”, which means by getting your driver’s license, you consent to take these breath tests if the police officers ask.

So if they ask and you refuse to take the test, your license will get automatically suspended for a year. Under the law, if you get a DUI and you refuse the breath test, you get the year of suspension but then you take the case to trial and you should win, you still have the suspension for refusing the test.

For more information regarding DUI tests in Ohio, call the Law Office of Matthew Bangerter for an initial consultation at (440) 306-3205 and get the information and legal answers you’re seeking.

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What Should Someone Do After They Are Arrested For Dui/ovi In Ohio?

Just like in a criminal case, people like to try to help themselves by trying to talk to the police. They will say, for example, “I only had a couple” or “I didn’t drink that many”, but what happens then is that statement “I only had a couple” comes into trial is they admitted to drinking.

It gets subtly shifted and it ends up hurting them. The best thing to do, just like in a criminal case, is just not make any statements without talking to an attorney.

Pleading Guilty Is Not The Best Approach Because You Always Want To Take The Chance To Try To Get A Better Resolution. There Are Many Cases Where You Can Work Out A Reduced Charge, Or Some Lower Punishment.

One Common Resolution To A Case, If It Is A First DUI With No Prior Criminal History, An Attorney Can Have It Reduced To Reckless Operation Or Called A Physical Control Which Is Being In Physical Control Of The Vehicle Under The Influence But Not Actually Driving Which Is No Points On Your License. It Is Not A Moving Violation And It Does Not Affect Insurance The Same Way. It Has A Much Better Result Than A Straight OVI. So You Always Want To At Least Take A Chance To Pursue Those Opportunities.

How Can An Attorney Help In Defending A DUI/OVI Case In Ohio?

The most common one is successive OVIs. Every OVI a person gets is added onto the last one. There is enhanced penalties for multiple OVIs within six years, also multiple OVIs within twenty years and at some point there are enhanced penalties for getting several OVIs in your lifetime.

They get more and more serious under the law, and even with an individual judge if you see that you are getting more OVIs, he is likely to give you a stiffer sentence than the minimum required by law.

Yes they can. There are a couple of basic ovis, one is for having a blood alcohol level below 0.08 or 0.17 and that is determined by a chemical test. If an officer believes that the person is impaired even without that reading, he can charge them with an ovi even if they blew a 0.06 or 0.05 just because he says they are impaired, even though that is a lower limit.

As mentioned earlier, alcohol affects everybody differently, some people may have a low level and feel it more, and some people may have a high level and think that they’re fine. So yes, there are spots where they will get an ovi with less than 0.08.

Do I have a case?

The most common method for testing BAC is a breathalyzer machine, many of which pose significant reliability problems. As an Ohio DUI defense attorney, Matthew Bangerter handles all matters related to the defense of your drunk driving charge, including challenging the reliability of breathalyzer equipment used, appearing in criminal court as your advocate, and negotiating with the prosecution to obtain a reduced sentence. As a skilled Ohio DUI attorney, Matthew Bangerter understands the Ohio drunk driving laws and he will strive to obtain a dismissal or reduction of charges against you, as well as the minimum available penalty. He understands that maintaining your driving privileges is of the utmost importance so he will seek to minimize or avoid any suspension or revocation of your driver’s license.

Ohio DUI Penalties

Ohio has some of the strictest penalties for DUI/OVI in the country. Penalties for DUI/OVI can be severe, even for a first offense. If convicted, you could face license suspension, hefty fines, vehicle disablement, required OVI offender license plates, ignition interlock, and mandatory jail time. If you test over the legal limit or fail to submit to a breath alcohol test you face a mandatory minimum Administrative License Suspension (ALS) unless you correctly appeal the suspension.

Aside from court-mandated penalties, your insurance premiums will likely increase and drunk driving charges can do significant harm to your reputation. Court-imposed driving limitations may also impact your ability to get to and from work as well.

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