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What to Do When Pulled Over for a DUI

March 1, 2018

By Bailey Legal Group

In Case of Emergency....

There are few matters that will constitute a legal emergency, but the most common is when stopped and arrested for a D.U.I.

O.M.V.I. / D.U.I.

If you are stopped for a traffic violation and either you've been drinking or the officer accuses you of having been drinking, you need to do the following:

(1) Shut up. Do not admit to drinking or smoking anything.

(2) Provide the Officer with your License, Insurance, and Registration.

(3) Keep your hands visible at all times.

(4) If asked to consent to a search, politely decline.

Often an officer may state, "I'm going to search your car, okay?" This is a request, and you must verbally decline.

(5) If asked to perform any Field Sobriety Tests, politely decline stating the following:

"I'm sorry, an attorney advised me not to perform any Field Sobriety Tests."

(6) If asked to perform a Portable Breath Test, politely decline stating the following:

"I'm sorry, an attorney advised me not to perform any portable breath tests."

(7) Breath Test at Station. If asked to perform a Breath Test at a police station, our firm recommends you consider the following issues before making your decision:

(a) ALS 1 Year License Suspension. If you do not perform a Breath Test, under Ohio Law your license will be suspended for one year (at the least). Oftentimes this suspension will continue while fighting your DUI / OVI case. (Several of these statutes have been declared unconstitutional in other states).

(b) Driving Privileges. Some courts are less willing to give timely driving privileges on a refusal.

(c) The Machine is Imperfect. Oftentimes problems with machine maintenance can be argued to eliminate the test from evidence, but many prosecutors and judges rely on the machine as a source of truth.

(d) Ability to Negotiate. Some prosecutor's and judges are unwilling to negotiate on a refusal

(e) Self-Incrimination. By performing a breath test, you are providing evidence to be used against yourself.

(f) Follow the Manual. If you decide to perform the breath test, advise the officer you will perform the breath test only if he uses the manual for that machine and follows the instructions exactly.

(Officers routinely fail to follow the instructions resulting in higher breath tests due to a scientific law known as Henry's Law.)

Note: It is our firm's belief that no lawyer should prospectively advise you on whether or not to
provide a breath test at a police station. Ethical restrictions prohibit a lawyer from advising
individuals on how to break the law. Our firm is disinclined to provide general advice that would
encourage a client to incriminate himself / herself.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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