DUI checkpoints are legal in Ohio. In 1990, the U.S. Supreme Court ruled DUI checkpoints are constitutional, but created guidelines which must be followed to protect the rights of defendants. The Ohio State Patrol reports DUI checkpoints or Sobriety Checkpoints are a useful deterrent to drinking and driving.
Requirements of DUI Checkpoints
Ohio DUI checkpoints must follow the guidelines set forth by the United States Supreme Court.
Officials conducting the Ohio DUI checkpoints must notify the public at least one week prior to setting up the checkpoint. The public notice must provide the date, time, and location of the checkpoint.
Hours before the DUI checkpoint begins, an additional notice is given providing the exact location and exact start and stop times for the Cincinnati DUI checkpoint. The Ohio State Patrol Facebook page is a great place to find local DUI checkpoints.
All officers involved in a checkpoint must be briefed in advance of all requirements, checkpoint procedures, and the operating logistics.
What Happens at Ohio DUI Checkpoints?
Not every vehicle passing through the checkpoint is stopped. Officials are required to choose the vehicles to stop using a uniform and random system pursuant to the United States Supreme Court’s guidelines.
When a vehicle is stopped, officers will look for indications of intoxication, such as slurred speech, odor of alcohol, fumbling for insurance and driver’s license, or erratic behavior. Any drivers showing signs of intoxication will then go through a separate screening process usually including field sobriety tests and a breath test.
Field Sobriety Tests at Ohio OVI Checkpoints
The National Highway Safety Administration developed the field sobriety tests administered by Ohio police officers at DUI checkpoints. Failing any of these tests gives officers probable cause to arrest for OVI/DUI. These tests include:
- Walk and Turn
- One Legged Stand
- The Horizontal Gaze Nystagmus Test
Get Cincinnati DUI Lawyer
If you are arrested for OVI or DUI at an Ohio DUI checkpoint, contact Cincinnati DUI Lawyer Stephenie Lape to protect your rights and prepare your defense.