You’ve been arrested for DUI/OVI in Columbus or Central Ohio – what comes next? This article, the second part of our series on DUI/OVI investigations, breaks down the post-arrest process. If you’re facing DUI/OVI charges in central Ohio, understanding your rights and options is crucial. Seeking guidance from a Columbus DUI lawyer should be your priority to build a robust Car Defense Part of your legal strategy.
Post-Arrest Questioning: Understanding Your Rights
Following a DUI/OVI arrest, you’ll typically be taken to the police station. Expect further questioning from officers both in the patrol car and at the station. They might inquire about your whereabouts, alcohol consumption, and related details. It’s vital to remember your Miranda Rights. If you are in custody and questioned without being read your Miranda warnings, any statements you make are generally inadmissible in court.
If an officer advises you of your right to remain silent, exercising this right is often advisable. Should you choose not to speak, politely inform the officer that you wish to remain silent and consult with an attorney before discussing the incident. A skilled Columbus, Ohio DUI/OVI lawyer can analyze the circumstances surrounding any statements you made, assess their admissibility, and determine their potential impact on your case. This analysis is a critical car defense part of protecting your rights.
Alt text: Police cruiser at night, representing DUI investigation and arrest scenario.
Chemical Tests: Breath, Blood, and Urine
A key element of DUI/OVI investigations involves chemical tests to measure your blood alcohol content (BAC) or detect drugs. You’ll be asked to submit to a breath, blood, or urine test. In Ohio, for individuals 21 and over, the legal BAC limits are .08 for breath and blood, and .11 for urine. Similar legal limits exist for certain controlled substances.
You have the right to refuse these tests. However, refusing or exceeding the legal limit triggers an Administrative License Suspension (ALS) by the Bureau of Motor Vehicles (BMV), leading to immediate license suspension.
It’s important to understand that you could face two distinct charges:
- DUI/OVI “per se”: Driving with a prohibited alcohol or drug concentration.
- DUI/OVI “impaired”: Driving under the influence of alcohol or drugs.
Exceeding the legal limit often results in charges for both offenses. Even if you test below the limit or refuse testing, you can still be charged with “impaired” driving. Understanding the implications of these tests is a vital car defense part of your case.
Alt text: Police officer administering a breathalyzer test during a DUI investigation.
Chemical Test Decisions: To Take or Refuse?
Deciding whether to take or refuse a chemical test is a critical juncture in a DUI/OVI case. Weigh the potential outcomes carefully:
- Taking the test and results are over the legal limit:
- Your license will be suspended for at least 90 days (longer with prior DUI/OVI convictions or test refusals).
- Test results will be used against you in court.
- Taking the test and results are under the legal limit:
- Your license will likely not be suspended administratively.
- Test results are less damaging in court, but DUI/OVI charges are still possible.
- Refusing the test:
- Your license will be suspended for one year or more (longer with prior DUI/OVI convictions or refusals).
- The prosecution lacks test results to use against you.
- Prior DUI/OVI Convictions: If you have a prior DUI/OVI conviction (or equivalent) within the last 20 years, refusing a test can lead to a separate charge of Test Refusal With Prior Conviction.
- Commercial Drivers: Commercial drivers face more severe penalties for refusing chemical tests.
- Probation: Refusing a chemical test while on DUI/OVI probation may constitute a probation violation.
Consulting with a DUI lawyer before making this decision is highly recommended. They can provide tailored advice based on your specific situation, making this legal counsel a crucial car defense part of your strategy.
Vehicle Impoundment: What to Expect
DUI/OVI charges often involve immediate vehicle impoundment. If your vehicle is impounded, obtain the vehicle’s location and towing company contact information from the police.
- First Offense: You can usually retrieve your vehicle the next day (ensure someone else drives if your license is suspended).
- Second or Subsequent Offenses: Vehicle release typically requires a court order. An attorney can assist in obtaining this release.
Addressing vehicle impoundment quickly is often a necessary car defense part of mitigating the immediate consequences of a DUI/OVI arrest.
Alt text: Rows of impounded cars in a lot, symbolizing vehicle impoundment after DUI arrests.
Seeking Expert DUI/OVI Defense in Columbus and Central Ohio
The Dominy Law Firm focuses on DUI/OVI defense, with specialized training in breath, blood, and urine testing procedures. For more about our expertise, please see our firm overview, client testimonials, and case results. We limit our caseload to ensure exceptional client service.
If you’re looking for a strong car defense part in your DUI/OVI case, and want to explore how investigation weaknesses can be leveraged in your defense, EMAIL US or call 614-717-1177 for a free consultation.
