Miami Valley Law Blog

Saturday, December 22, 2018

About DUI Checkpoints in Ohio

A DUI checkpoint is a place on the road where police stop traffic and examine drivers for sobriety. If a police officer suspects that a stopped driver is intoxicated, then the officer typically asks the driver to perform a series of field sobriety tests. Below is some helpful information about DUI checkpoints in Ohio.

Are DUI checkpoints legal?

The United States Supreme Court has upheld the legality of DUI checkpoints. However, they must adhere to certain requirements. Specifically, DUI checkpoints in Ohio require:

  • Advanced notice – In order for a DUI checkpoint to be valid, the public must be given advanced notice of the checkpoint’s time and location.
  • Warnings – Signs, lights, or other visible warnings must be used to alert drivers of the checkpoint.
  • Stops based on specific criteria – Stops must be based on specific criteria, such as predetermined warning signs or a uniform formula.  
  • Minimal invasion – Drivers must be detained in a manner that is minimally invasive

 What happens at a DUI checkpoint?

When a driver is stopped at a DUI checkpoint, he or she is examined for signs of intoxication. Common indicators of intoxication include:

  • Poor posture
  • Nervousness
  • Red eyes
  • Erratic driving

If a driver doesn’t appear to be intoxicated, then he or she will be permitted to pass through the checkpoint. However, if a driver appears intoxicated, then he or she will be asked to pull off the road for questioning and field sobriety tests.

What are my defenses?

As noted above, there are several requirements that law enforcement officials must comply with when conducting stops at a DUI checkpoint. Thus, a common DUI checkpoint arrest defense is that law enforcement failed to comply with these requirements when conducting a stop. And due to the frequency with which police officers make errors during DUI checkpoint stops, it’s not unusual for criminal defendants to have their cases dismissed with the assistance of legal counsel. Therefore, anyone facing charges due to a DUI checkpoint arrest should immediately contact an experienced Ohio criminal defense attorney as soon as possible.

Ohio Criminal Defense Attorneys

Anyone charged with DUI in Ohio faces serious potential consequences. Therefore, if you’re facing DUI charges in Ohio, you should strongly consider obtaining the services of an experienced Ohio criminal defense attorney. At Cox Keller Lusardi, our experienced Ohio criminal defense attorneys will work with you to devise the best possible defense strategy for your case.

At Cox Keller Lusardi, we regularly represent residents of the Miami Valley region of Ohio who have been charged with DUI, utilizing our extensive criminal defense experience to ensure that all of our clients receive the strongest defense possible. In addition, we understand the terrible anxiety engendered by a DUI arrest and its possible consequences. Therefore, you can count on our experienced criminal defense attorneys to treat you with respect and compassion as we fight for your rights. Contact us to schedule a consultation today.

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