Frequently Asked Questions

Am I legally obligated to take field sobriety tests?

No. Police in Dayton, Ohio have a series of field sobriety tests that they use on those suspected of DUI, in an effort to gather additional evidence to support a drinking-and-driving charge.  These field sobriety tests are usually conducted immediately; on the side of the road, within minutes after police pull you over.  These tests are entirely subjective, open to police interpretation, and are typically used against a DUI defendant in Court.  It is important to remember that in the state of Ohio, the law does not require you to take these tests, and if you choose not to do so, you cannot be penalized in any way.  However, by agreeing to take any of these tests, you are voluntarily agreeing to give the police more evidence against you, which could lead to a conviction for DUI/OVI.

Do I have to take the breathalyzer test?

No.  In Ohio, you are not obligated to take a breathalyzer test when asked to do so by police.  If you refuse a breathalyzer, you face the potential penalty of having your driver’s license administratively suspended by the State of Ohio.  The length of these administrative license suspensions can also be increased if you have refused a breathalyzer in the past.

However, it is important to keep in mind that even if you refuse the breathalyzer, and the State of Ohio does administratively suspend your driver’s license, under most circumstances you can acquire driving privileges for school, work and medical appointments.  In the end, this a judgment call specific to your case and your history. Your DUI/OVI defense attorney in Dayton, Ohio can assess these risks with respect to the specific factual scenario that you may encounter.

Am I required to talk to police?

If you, or a loved one, has been arrested in the State of Ohio for any crime, it is important to remember that you are only required to give police your “booking information”; i.e. your name, address, birth date, social security number.  You must also provide government-issued identification when asked.

However, it is equally important to remember that you are not required to make any additional statements to police, or to give them any additional information other than your “booking information”.

Outside the bounds of “booking information”, all statements made to police can and will be used against you in Court.  You may erroneously assume that your statements to police will be harmless, but if you don’t know the law, the statements you make to police can be devastating to your case.  Do not answer any additional questions and do not provide a statement to law enforcement without an attorney present.  It is almost always advisable to have your Dayton defense attorney present with you at all times if you wish to speak with police about your case.

All this being said, there is a considerable difference between; refusing to talk to police, and being downright rude and abusive to police.  While you have the right not to be forced to speak to police officers, it is important to treat the police officers with respect and civility.  Don’t give them a hard time. The manner in which you conduct yourself at the time of the arrest is something prosecutors and judges often consider when handling a case. Give yourself the best opportunity to resolve your charges favorably by contacting your Dayton criminal defense and DUI/OVI lawyer as soon as possible.

What should I do if I get pulled over?

When you have been pulled over for a traffic violation, regardless of what it is, from that point on police will be diligently watching for any signs of impairment. If you are suspected of DUI/OVI the officer will be watching every move you make. You will be on camera, so you should act respectfully, without offering any statements police other than your booking information.

You should also be ready with your license, registration, and insurance information when the officer approaches your window.  Should they ask you any questions, know your rights, and answer questions accordingly. You can opt not to incriminate yourself by politely answering that you have been advised not to answer any questions by your Dayton DUI/OVI attorney.

How does one get out of jail after an arrest?

This question will depend upon whether a bond has been set in your case at the time you contact your Dayton defense attorney.  If a bond has already been set, the simplest and fastest way to get a person out of jail is to pay the bond for their release.  A bail bond is somewhat like insurance – it means the defendant agrees to appear at all subsequent legal proceedings, or risk the forfeiture of that bond amounts posted.  Failure to appear, after posting a bond, can result in the forfeiture of the bond, the issuance of an arrest warrant, and the loss of subsequent bail privileges.

In Dayton, Ohio criminal defense attorneys can request a recognizance bond, which is essentially a promise, in lieu of posting a money bond,  that the person will show up to subsequent court dates. These requests are often granted by the courts when the individual is charged with a low-level crime, has minimal criminal history, has a verifiable address, and is employed.  A recognizance bond can be requested at arraignment, first court appearance, or anytime thereafter.

If the amount of your bond is too high for you, or a loved one, to post for your release, your criminal defense and DUI/OVI attorney in Dayton, Ohio can also request a bond review in your case, where your attorney will conduct a hearing in Court in an attempt to reduce the amount of the bond in your case.

An aggressive and reputable criminal defense and DUI/OVI lawyer in Dayton, Ohio is your best asset after being charged locally with a DUI/OVI, or any other crime. Criminal defense attorneys in Dayton are experts familiar with the laws and Court procedures applicable to your case.  Dayton criminal defense attorneys will apply their knowledge and experience to protect your legal interests.

No matter what your legal situation, a Dayton criminal attorney will be able to professionally assist in your defense.  Brock A. Schoenlein is an aggressive and reputable criminal and DUI lawyer in Dayton with a track record of success in the criminal Courts throughout Ohio.  Call Brock today for your free and confidential consultation.