A stop for traffic violations and a subsequent arrest can set off a lengthy legal process as you try to clear your name. An OVI offense, for example, can be challenging to beat, and you might consider hiring a lawyer to defend you. Their main task will be to identify every legal avenue available to your OVI defense and use it to get your charge reduced or dismissed. Your attorney will also educate you on your rights to enable you to avoid costly mistakes. In addition, they will explain the following major steps in OVI cases to let you know what to expect:
Stop and Questioning
The OVI arrest process starts with a stop if the law enforcers suspect that you were driving while impaired. They can also pull you over after someone calls and complains that you were driving poorly. After stopping your vehicle, the police will ask you several questions to guide them in making a determination and, depending on their findings, preparing for your arrest. You are only obligated to disclose information such as your name. Thus, if the law enforcers ask you whether you take any drugs or have been drinking, you are under no obligation to answer them. However, an admission that you have taken a banned substance might alert the police to a need for a more comprehensive investigation.
Driving Capability Evaluation
Even if you don't acknowledge that you had taken an intoxicant before you started driving, the police may still conduct tests to determine your driving capability. If you consent to the test, they should inform you of your rights before instructing you on what to do. However, if you refuse to be tested, the law enforcers can retain your driving license for up to one year. They may also apply for an electronic search warrant for a forcible blood collection. Therefore, you should always seek your lawyer's advice when the police ask you to take any tests. Your attorney will provide invaluable guidance during this evaluation stage.
Challenging Your Arrest
The police may arrest you if the test results indicate that the alcohol or drugs in your blood exceed the recommended limit. What you say at this point can get you in trouble because the law enforcers can use it as evidence in court. Your attorney will advise you on what to say so you don't complicate your case. Moreover, they may ask you to take independent tests even if the police had already administered sobriety tests. If the results differ from those the police produced, your attorney can raise the issue and request your release.
Many OVI charges are beatable, especially if you know what to expect throughout the process. However, it would help if you contact an OVI attorney immediately after the police stop you. They will advise and guide you during the different stages to prevent you from getting a harsh judgment.
Contact a local OVI defense attorney for more info.Share