DUI checkpoints in Cincinnati, Ohio are a tool used by law enforcement to identify motorists who may be driving under the influence of alcohol or drugs. If you fail a sobriety test or your breathalyzer test exceeds Ohio’s legal BAC limit, you may be looking at a DUI/OVI charge.
Sobriety checkpoints act as a deterrent to potentially impaired drivers. Similar to any police encounter, it is essential to be aware of your rights and options at Cincinnati DUI checkpoints. If you don’t conduct yourself in an appropriate manner, you stand to suffer strict penalties including suspension of your license.
If you have been charged with a DUI or another offense following a sobriety checkpoint, you need to consult with our knowledgeable Cincinnati DUI defense lawyers at Patituce & Associates right away. We know your rights and can provide you with the right counsel to contest any likely charges.
Contact us today at 513-657-2440 to arrange a free-of-charge consultation and case review.
What Happens at a DUI Checkpoint?
As you approach the checkpoint, you’ll likely see orange cones and uniformed law enforcement officers controlling the flow of traffic. When you get to the checkpoint, an officer will come up to you and assess for any indications of impairment and decide whether to let you pass or send the car to a designated screening area.
The officials at this point will proceed to carry out field sobriety tests to assess if you are under the influence. You may be instructed to walk in a straight line and turn, do a one-legged stand, or be asked to take chemical testing (a urine, blood, or breathalyzer test).
If you don’t pass any of these standard tests, the police officer has reasonable grounds to charge you with a DUI offense and may take you into custody.
What Should You Do at Cincinnati DUI Checkpoints?
Not knowing what to do when you encounter a DUI checkpoint in Cincinnati can have detrimental effects on your driving privileges, and freedom, not to mention the hefty fines you stand to pay.
When you get stopped at a DUI checkpoint, you can decline to take the field sobriety test and breathalyzer.
Under Ohio’s implied consent law, your license will be suspended if your refuse to take the breathalyzer test. But refusing to take either the field sobriety tests or the breathalyzer test will make it harder for the prosecutor to convict you of driving under the influence.
It’s also important to note that you are not obligated to answer any of the questions the officer asks but it’s always best to be polite and comply with simple requests. Call our DUI attorneys at Patituce & Associates for guidance on what you should do to protect yourself.
What Questions Should You Ask About the DUI Checkpoint?
Below there are some questions to consider when thinking about a DUI checkpoint in Cincinnati.
Was the Checkpoint Clearly Advertised? Were There Evident Signs?
DUI checkpoints are essentially law enforcement infringing on the 4th Amendment, as they stop drivers and search them without probable cause. Because of this, courts are likely to side with your DUI lawyer if they present your case properly and prove that the right procedures were not used in the moments leading to your arrest.
There are many ways to challenge a DUI checkpoint if the right protocols were not employed.
Is It a High DUI Area?
To get a conviction, the prosecution needs to show that the place the police put up the DUI checkpoint was a hotspot for DUI arrests. Police can’t just set up a checkpoint anywhere to stop drivers. For this to happen, they will need to go through strict procedures for the operation to have legal footing.
What Should I Do at the Checkpoint?
Although you’re not obligated to speak to the police, be as polite as possible. Identify yourself and avoid answering in detail. Don’t disclose information about where you’re coming from or how much alcohol you’ve drunk. Contact your DUI defense lawyer and remain silent.
Can Police Stop You for Avoiding DUI Checkpoints in Cincinnati?
No, they can’t. You can legally turn your car around in an attempt to evade a checkpoint as long as you do it safely and in accordance with traffic regulations. If you take another road or turn around before reaching the checkpoint, this action alone doesn’t provide the officer with reasonable grounds to stop your car from avoiding the DUI checkpoint.
However, if you try to flee the checkpoint after entering, the police may have a basis to stop you. The same applies if you violate a traffic law while trying to avoid the checkpoint.
Consult With Expert Cincinnati DUI Defense Attorneys Today!
Our DUI attorneys at the law offices of Patituce & Associates are familiar with the rules and guidelines that law enforcement must adhere to carry out legal DUI checkpoints in Cincinnati, OH.
To learn how we can help with your DUI arrest and prevent possible jail time, license suspension, and hefty fines, please contact our defense attorneys at 513-657-2440 to request a free case assessment.