OVI/DUI POLICE PROCEDURE

Refusing a Breath Test Frequently Asked Questions

A: Almost always. They typically don’t show up at the first hearing known as the Arraignment, but they will be at all other court hearings. Police and prosecutors take the prosecution of OVI offenses very seriously.

Police Phases of DUI/OVI Suspicion

Police officers are trained to look for and investigate impaired driving pursuant to a manual published by the National Highway Traffic Safety Administration (NHTSA), called DWI Detection and Standardized Field Sobriety Testing (NHTSA Manual). The NHTSA manual contains three distinct sections which police officer use in determining whether to arrest an individual for an OVI/DUI offense.

The three NHTSA Manual Sections are:

1. PHASE ONE: VEHICLE IN MOTION

In the first phase, police officers are trained to observe vehicles in motion in order to determine whether there are visible clues of a possible OVI/DUI violation. In doing so, police officers are trying to determine whether there is sufficient cause to stop a vehicle for suspicion of an OVI/DUI violation or for another traffic offense.

The NHTSA Manual instructs officers on four types of visible clues for a possible OVI/DUI violation:

  • Weaving
  • Weaving Across Lane Lines
  • Straddling a Lane
  • Swerving
  • Turning With Wide Radius
  • Drifting
  • Almost Striking an Object or a Vehicle

2. PHASE TWO: PERSONAL CONTACT

In the second phase, police officers are trained to gather face-to-face evidence and determine whether there are sufficient grounds to request an individual to exit their vehicle for further investigation of impairment. In this phase, police officers will spend considerable time observing and interviewing the driver of the vehicle.

Typical investigation clues include:

During the same time that police officers are conducting their post-stop observation and investigation, they routinely ask questions of individuals stopped for an OVI/DUI charge. Police officers routinely administer divided attention tasks by asking for two things simultaneously, asking interrupting or distracting questions and asking unusual questions. In doing so, police officers are looking for a driver’s inability to do two relatively simple things at once, such as answer questions and look for documents requested by the police officers.

3. PHASE THREE: PRE-ARREST SCREENING

During this phase of the OVI / DUI traffic stop, police officers have removed an individual from their vehicle and are poised to administer three psychophysical (field) sobriety tests:

These psychophysical tests, which are discussed in further detail on this website, are used by police officers on OVI/DUI traffic stops to assess an individual’s mental and physical impairment.

Contact a Columbus OVI Attorney

Columbus defense attorney Michael Probst has represented many clients arrested and charged with an OVI offense and DUI offense in Columbus and throughout Ohio who have challenged police officers’ conduct and administration during the three phases in the NHTSA Manual used by police officers in determining whether to arrest an individual for a DUI charge or OVI charge. Many OVI / DUI traffic stops are recorded and preserved on police officer cruiser video systems. It is extremely important in every case to review all evidence, including video evidence of traffic stops, to determine whether police have acted appropriately and in substantial compliance with the criteria set forth in the NHTSA Manual. Give Probst Law Office a call to get in touch with a Columbus-based defense attorney skilled in OVI and DUI defense for more information about the entire process.

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