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Understanding Your Rights in OVI Cases

On Behalf of | Mar 24, 2014 | OVI |


Did you know that many of the rights afforded to citizens by both the United States and Ohio constitutions do not apply in OVI cases.

* 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.

*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 Sobriety Tests.

*You are not always considered “innocent until proven guilty.” If a test reveals a BAC at or above the legal limit, the law presumes that you are guilty in an OVI case.

Jessica D’Varga is an Ohio OVI attorney at The Law Offices of Saia, Marrocco & Jensen Inc. To learn about your defense options after being arrested for intoxicated driving, contact our firm today!


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