Ohio DUI / Sobriety Checkpoints - The Law, The Rules and The Defenses

Ohio DUI / Sobriety Checkpoints - The Law, The Rules and The Defenses

Sobriety checkpoints do infringe upon our Constitutional rights and protections.  An experienced DUI Defense Lawyer will evaluate how the DUI checkpoint was planned and how it was conducted to develop the best arguments against the checkpoint.  Furthermore, even if conducted properly, the police may not detain for further screening without a reasonable suspicion based on articulable facts that the driver is impaired and it may not arrest without probable cause to believe the driver is impaired.

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Probable Cause to Arrest for an OVI (Operating a Vehicle While Impaired) Requires Indications/Observations of Impairment

Probable Cause to Arrest for an OVI (Operating a Vehicle While Impaired) Requires Indications/Observations of Impairment

Signs of drinking are insufficient to justify an arrest for an OVI (operating a vehicle while impaired) at a sobriety checkpoint, without also observing signs of impairment such as erratic driving or behavior.

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