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Top 5 Mistakes Made After Being Pulled Over for an DUI

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Simple though common mistakes made after being pulled over for a DUI (OVI) can contribute to charges being filed while making it more difficult to defend against the criminal charges.  Here are some of the more common mistakes.

To Blow or Not to Blow?

 

Not listed here is the answer of whether to blow or not to blow.  That is, whether to take the breath test.  First, this is referring to the evidentiary test given at the police station, not the unreliable and inadmissible portable test generally given at the roadside.  The test given at the roadside generally should be refused, just as the other roadside sobriety tests.  But what about the evidentiary test at the police station?  It used to be the case that the general rule was to refuse the test.

 

The Ohio Legislature reacted, however, making the refusal alone an OVI offense in many cases.  Whether to blow depends on whether you were drinking, and if so, how much?  Will your test be a high test?  Do you have a CDL?  Have you had another OVI in the prior 20 years?

 

In the most general sense, without knowing any of your individual circumstances and therefore not to be considered as legal advice, refusing the test may be best if it is your first OVI and you had drinks.  Taking the test may be best if you have a prior OVI conviction.

Ohio OVI Mistakes

1.  Telling the police officer, "I only had one or two."

By doing so, you have just given the police officer sufficient cause to test you further and charge you with an OVI.  That is right, even if you take the breath test and blow under the limit, if you admit you had drinks the police can still charge you with an OVI.  Keep your mouth shut.  Politely tell the police officer that you are exercising your constitutional right not to answer his questions.

2.  Taking roadside sobriety tests.

While there may be times that police conduct the roadside sobriety tests and let the individual go, this is the exception.  Roadside sobriety tests are most often solely for the purpose of using them against you.  Despite the position of the police and prosecutors, it is our belief that in the real world they are conducted in manner by which they cannot be passed.  They will probably result in video of you stumbling, leaning, or not following the police officer’s instructions exactly, even if those instructions were unclear to you as you were nervous, pulled over in the dark of night, and asked to engage in these tests along the side of the road with passing cars.  Politely refuse the roadside sobriety tests.

3.  Arguing with the police officer.

When your lawyer meets with the prosecutor during a pretrial to attempt to resolve, dismiss, or plead down your OVI charge, the prosecutor will often ask the police officer who pulled you over if he has any objections.  If the police officer is offended by the way you behaved when he pulled you over, he is going to be another obstacle for your lawyer to overcome in resolving your charge.  Be polite with the police officer, even if it is to politely tell him you are exercising your constitutional right not to answer his questions or take his tests.

4.  Driving while your license is suspended.

Too often, we find people initially do not realize the severity and implications of having a suspended license, and they go right back to driving or maybe even drinking and driving as that had for years before being pulled over for an OVI.  They do not realize they are a target for the police.  Further, getting a Driving Under a Suspended License is not only a criminal charge, but it makes resolving the initial OVI charge with the court all that much more difficult.  Request driving privileges when you are eligible, carry with you the order granting you privileges, and follow the rules of the privileges.

5.  Failing to obtain an OVI attorney.

Representing yourself increases your chances of being found guilty, increase the likelihood of increased fines, jail time, and penalties, and increases the chances your auto insurance will sky rocket.  Obtain an attorney who regularly defends OVI charges, and your chances of justice and reduction or elimination of charges and penalties will be greatly enhanced.

 

 

We provide value-based legal services that are client centered and results driven, as well as free initial telephone consultations.  We offer flat fees, payment plans and accept credit cards for convenience.

 

Contact us now for a free, no obligation, confidential legal consultation to protect your rights today.

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Sivinski Law Offices, ltd.

Suite 215

20545 Center Ridge Rd.

Rocky River, OH 44116

Phone: 800-641-1970

Fax: 855-241-0700

contact@sshllc.com

 

https://SivinskiLegal.com

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Updated July 2017

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Brian J. Smith.
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John Sivinski Top Attorney
Ohio OVI Mistakes
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John Sivinski Top Attorney
Cleveland Metro Bar Association - CMBA
Ohio State Bar Association - OSBA
Ohio Association of Criminal Defense Lawyers - OACDL
Ohio Employment Lawyers Association - OELA
West Shore Bar Association - WSBA
Clients Choice Criminal Defense Attorneys
National College for DUI Defense
DUI Defense Lawyers Association
Superb Litigation Attorneys
John Sivinski Top Attorney
John A. Sivinski, AV Preeminent Attorney
John A. Sivinski, Million Dollar Advocate
Cleveland Metro Bar Association - CMBA
National College for DUI Defense
DUI Defense Lawyers Association
West Shore Bar Association - WSBA
Ohio State Bar Association - OSBA
Lorain County Bar Association
Ohio Association of Criminal Defense Lawyers - OACDL
Ohio Employment Lawyers Association - OELA
Superb Litigation Attorneys
Parma Bar Association
Clients Choice Criminal Defense Attorneys
John Sivinski Top Attorney
John A. Sivinski, AV Preeminent Attorney
John A. Sivinski, Million Dollar Advocate
Ohio Association of Criminal Defense Lawyers - OACDL
Ohio Employment Lawyers Association - OELA
Ohio State Bar Association - OSBA
Lorain County Bar Association
Cleveland Metro Bar Association - CMBA
National College for DUI Defense
DUI Defense Lawyers Association
West Shore Bar Association - WSBA
Superb Litigation Attorneys
Parma Bar Association
Clients Choice Criminal Defense Attorneys