What Drivers Should Know About Holiday OVI Checkpoints in Ohio

According to the National Highway Traffic Safety Administration, approximately one thousand people die every December in drunk driving accidents in the U.S. With the holidays of Thanksgiving, Christmas, and New Year’s occurring within a roughly five-week span, people have ample opportunities to attend parties and family dinners where they may consume alcohol. To combat drunk driving, law enforcement agencies in Ohio regularly conduct checkpoints during holiday weekends. Drivers should familiarize themselves with how OVI checkpoints work, their rights when stopped at a checkpoint, and the steps to take if they’re arrested for intoxicated driving at a holiday OVI checkpoint.

The Purpose and Legality of OVI Checkpoints

Police use OVI checkpoints during times of the year that see higher rates of drunk driving. Checkpoints can spring up on weekends or holidays, when people frequently attend parties and consume alcohol. Law enforcement departments usually deploy checkpoints on routes heading out of downtown areas or entertainment districts or along busy traffic arteries where they will more likely catch intoxicated drivers.

Although the federal and state Constitutions require police to have reasonable suspicion of a crime or traffic violation to stop a driver, courts have upheld the legality of OVI checkpoints, at which drivers are stopped without any suspicion of a crime. However, the checkpoint must implement certain protective features to prevent police from stopping drivers “on a hunch” or in an arbitrary or discriminatory manner, including:

• Advance public notice of the date, time, and location of the checkpoint
• Establishing a safe, visible checkpoint that does not create a risk of an accident and allows vehicles to avoid the checkpoint before entering
• Use of a neutral, non-discriminatory method of selecting which vehicles to stop

What Happens at an OVI Checkpoint?

At an OVI checkpoint, police will stop drivers according to a predetermined schedule, such as stopping every fifth vehicle that comes through the checkpoint. During the stop, an officer will ask the driver for their license, registration, and proof of insurance. The officer will also observe the driver’s visual appearance, demeanor, and actions for signs of intoxication, such as an odor of alcohol, slurred speech, glassy or bloodshot eyes, and poor coordination. Officers will direct any drivers suspected of intoxication to a secondary area for further questioning and voluntary field sobriety tests. Sober drivers should expect a brief encounter with the police while the officers verify the driver’s license, registration, and insurance.

Drivers’ Rights at OVI Checkpoints

Drivers have certain rights at OVI checkpoints. First, a driver can refuse to go through an OVI checkpoint by making a lawful maneuver in another direction before reaching the checkpoint. However, making an illegal maneuver to avoid a checkpoint, such as an illegal U-turn, crossing the center line, or any action that creates a risk of an accident, may give the police reasonable suspicion or probable cause to stop the driver for the traffic violation.

While stopped at a checkpoint, a driver has the right to remain silent. They may refuse to answer any questions other than to identify themselves and provide their license, registration, and proof of insurance. Drivers can also refuse to consent to a search of their vehicle.

Furthermore, when officers direct a driver to a secondary area, the driver may refuse to submit to a handheld breathalyzer test or field sobriety test. However, a refusal may lead officers to investigate further by asking more questions to look for signs of intoxication, such as slurred speech, drowsiness, or impaired judgment.

Contact an OVI Defense Lawyer Today

As police step up OVI enforcement efforts during the holidays with traffic checkpoints, drivers should learn how these checkpoints work and know their rights if they approach one. If you’ve been arrested after being stopped at an Ohio OVI checkpoint, contact The Law Offices of Saia, Marrocco & Jensen Inc. today. You’ll get a free, confidential consultation with an OVI defense attorney where we can discuss what comes next.