What are my rights once I have been arrested for Operating a Vehicle Impaired (OVI)?
Many of the rights afforded to citizens by both the United States and Ohio constitutions do not apply in OVI cases. For example, police officers do not have to advise you of your right to remain silent until after you are in custody. Statements you may make while you are being detained but before your actual arrest (such as responses to questions about where you were or how much you had to drink) can be used against you in court. You do not have the right to speak to an attorney before taking a breath, blood or urine test to determine your Blood Alcohol Content (BAC). You have the right to counsel only after you have decided, on your own, whether or not to submit to a test. The constitutional protection against unreasonable governmental intrusions also does not apply in OVI cases. You can be randomly stopped, detained and searched at a “Sobriety Check Point” even if you have violated no laws. You can be ordered to step out of your car, subjected to interrogation and asked to do Field S
