Tips For DUI Stops
What to know if you get pulled over for DUI.
Helpful Tips for DUI/OVI Stops:
- When pulling over, do so in a reasonably safe location and in a safe manner. Avoid making any frantic maneuvers that could be construed as you being impaired. Ex. Don’t hit a curb.
- Make sure to signal properly when you are pulling over. By signaling properly and obeying all traffic laws when pulling an officer will not immediately assume that you are impaired.
- Have your license, registration, and proof of insurance ready for the officer before he makes contact with you. This will indicate that you are compliant and will ease the tension of the stop. Further, always address the officer as Sir or Ma’am. It cannot be stated enough how much politeness and civility can help your case.
- Remember an officer is completely entitled to ask you to exit your vehicle. This was established in Pennsylvania v. Mimms, 434 U.S. 106, in which the Supreme Court of the United States stated, “In the interest of protecting the safety of officers, a driver and passengers may be ordered out of the automobile.” Nonetheless, this does not mean you have to submit to field sobriety tests. It is best to courteously decline to perform the series of field sobriety tests. These tests are completely VOLUNTARY. Attempt to not quarrel about the tests, just be polite and decline to perform them.
- NEVER at any point tell the officer that you have drank any alcohol. This is an admission that will surely be used against you. Also it can give the officer a reason to arrest you.
- NEVER submit to taking the roadside breath test. The roadside testing machines generate undependable results, but they can give the officer probable cause to arrest you.
- If you are placed under arrest make sure to stay cool, calm, and collected. Also, make sure to not become combative with the officer.
- REMEMBER everything that you are saying to the officer is more likely than not being recorded. Many police cruisers have a microphone and a video camera that records everything about the stop. Also, many police cruisers have microphones in the back seat, so don’t think you’re not being recorded just because the officer is still outside of his vehicle. It is IMPORTANT that after being arrested you just keep quiet. DON’T speak to the officer on the way to the police station. Everything is being recorded, and this can provide evidence for the prosecution with regards to whether your speech was slurred, etc.
- DO NOT BLOW when you arrive at the police station. Officers will usually try to persuade you to “cooperate” and take the breath test. REMEMBER you are not “cooperating” by taking the test. As has been stated above, be polite and kindly refuse the test. Officers will try to intimidate you into taking the test by stating that your license will automatically be suspended for a year. Do not fall prey to this tactic. The one-year administrative license suspension (ALS) can always be challenged after the fact and in most instances in reduced substantially. Officers might also attempt to have you give them a sample of your blood or urine. Once again decline politely. Remember officers are attempting to build a case against you and by your submission to the either a breath, blood, or urine test you are essentially backing yourself into a corner. Nonetheless, if you have taken the breath, blood, or urine test, there are still significant defenses; and the test result does not mean you are guilty of the offense.
Kordalis Law Office defends individuals who have been charged with OVI/ DUI in the following counties, Montgomery, Greene, Clark, Miami, Warren, and Franklin.
Below you will find links to the various Municipal Courts where your OVI/ DUI might be pending.
MONTGOMERY COUNTY COURTS:
Dayton Municipal Court - www.daytonmunicipalcourt.com/
Miamisburg Municipal Court - http://www.miamisburgcourts.com
Western & Eastern Division Courts (Western Division Serving: Trotwood and Brookville, Townships: Clay, Jackson, Jefferson and Perry. Villages: New Lebanon, Phillipsburg, Farmersville and Verona) (Eastern Division Serving: Huber Heights and Riverside) - http://www.mccountycourts.org
Oakwood Municipal Court - http://www.ci.oakwood.oh.us/index.php?option=com_content&task=view&id=16&Itemid=163
Vandalia Municipal Court - http://www.vandaliacourt.com
GREENE COUNTY COURTS:
Xenia Municipal Court - http://www.ci.xenia.oh.us/municipal-court.html
Fairborn Municipal Court - http://www.fairbornmunicipalcourt.us
Greene County Common Pleas Court - http://www.co.greene.oh.us/index.aspx?nid=402
CLARK COUNTY COURTS:
MIAMI COUNTY COURTS:
Miami County Municipal Court - https://oh-miamicounty.civicplus.com/index.aspx?NID=134
Miami County Court of Common Pleas - http://co.miami.oh.us/index.aspx?NID=132
WARREN COUNTY COURTS:
Warren County Court (Lebanon, Ohio) - http://www.co.warren.oh.us/countycourt/
Springboro Mayor’s Court - http://www.ci.springboro.oh.us/court.html
Franklin Municipal Court - http://www.franklinmunicourt.com
Mason Municipal Court - http://www.masonmunicipalcourt.org
FRANKLIN COUNTY COURTS:
City of Dublin Mayor’s Court - http://dublinohiousa.gov/mayors-court/
Franklin County Municipal Court - http://www.fcmcclerk.com
Grove City Mayor’s Court - http://administration.grovecityohio.gov/court/
City of Gahanna Mayor’s Court - http://www.gahanna.gov/departments/mayorsCourt/default.aspx