Getting pulled over by law enforcement can be stressful, even if you haven’t done anything wrong. Whether it’s a routine traffic stop or a more serious inquiry, it’s important to know your rights and obligations under Ohio law. Staying calm and informed can help keep the situation safe and protect your legal interests.
Step 1: Pull Over Safely
As soon as you see flashing lights or hear a siren, activate your turn signal and pull over to the right side of the road as quickly and safely as possible.
Step 2: Know What You’re Legally Required to Provide
In Ohio, you’re legally obligated to provide three things when asked by a police officer. Make sure you always have them on hand:
- Driver’s license
- Proof of registration
- Proof of insurance
You are not required to consent to a search or answer potentially incriminating questions beyond basic identifying information.
Step 3: Stay Calm and Respectful
Even if you feel the stop is unjustified, it’s important to remain calm and polite. Don’t argue at the scene, save that for court.
- Keep your hands visible, preferably on the steering wheel.
- Don’t make sudden movements or reach for anything without informing the officer.
- You can politely ask: “Am I being detained or am I free to go?”
Step 4: You Have the Right to Remain Silent
You are not required to answer questions without an attorney:
Some examples of what you do not have to answer include, but are not limited to:
- “Where are you coming from?”
- “Have you been drinking?”
- “How much have you had to drink?”
- “Do you know how fast you were going?”
You can simply say, “I choose to remain silent” or “I don’t wish to answer without an attorney.”
Step 5: You Have the Right to Refuse a Search (in Most Cases)
An officer may ask to search your vehicle. Unless they have probable cause or a warrant, you can legally say no.
- Say clearly and respectfully: “I do not consent to a search.”
- If the officer believes they have probable cause, they may proceed anyway, but your refusal still matters.
Step 6: Understanding OVI Stops and Your Rights in Ohio
If you’re pulled over and the officer suspects you of driving while intoxicated (i.e. Operating a Vehicle while Intoxicated “OVI”), things can escalate quickly. Knowing your rights in this situation can protect you from self-incrimination and help your attorney defend you later.
You are NOT required to take a field sobriety test
These are the physical and cognitive tests an officer may ask you to perform, such as:
- Walking in a straight line.
- Standing on one leg.
- Following a penlight with your eyes.
You can respectfully decline by saying,
“I choose not to take any field sobriety tests.”
They are often used to justify further testing or an arrest, even if you aren’t impaired. While it is your right to refuse the tests and minimize evidence against you, you can still be arrested if there is probable cause.
You are NOT required to take a preliminary breath test at the scene
The small handheld breathalyzer used roadside is not mandatory in Ohio prior to arrest.
You may legally refuse this roadside breath test without automatic penalties.
However, refusing it may still result in arrest if the officer believes there’s probable cause.
Post Arrest Chemical Tests
If you are arrested for OVI, they will request that you submit to one or more chemical tests, usually a breath, blood, or urine test, at the police station or hospital.
You may refuse the post arrest chemical tests. However, refusal of these post-arrest chemical tests will result in:
- An immediate administrative license suspension.
- Lengthier suspensions than for those who take and fail the test.
- A record of refusal, which could be presented to the court as evidence of noncompliance.
What to Know About Refusal
- Refusing does not guarantee you won’t be charged with OVI.
- It deprives the state of concrete blood alcohol content evidence, which may work in your favor depending on the circumstances.
If you choose to perform one or more chemical tests, and the results indicate that you are over the legal limit, you will receive an administrative license suspension once the results are received.
Step 7: You Can Record the Stop
In Ohio, it is legal to record public officials, including police officers, as long as you’re not interfering with their duties.
- Use your phone’s voice or video recorder.
- Place it on the dashboard or seat, do not hold it in your hand in a way that could be mistaken for a weapon.
What If You’re Arrested?
- Remain silent.
- Ask for an attorney immediately.
- Do not resist, even if you believe the arrest is unlawful, resistance can lead to additional charges.
Final Thoughts
Understanding your rights and responsibilities during a traffic stop in Ohio is more than just good practice, it can make the difference between a routine citation and a serious legal issue. If you’ve recently been pulled over or charged with OVI, don’t navigate the legal system alone. At Kocher & Barney, we’re here to protect your rights and guide you through the process.