My name is Robert Healey and I am a lawyer that limits his practice to OVI defense in southwest Ohio. This blog is written by me to help potential clients in the Cincinnati area that have been charged with an OVI.
Most of my clients think that they can. All of them were charged anyway with a DUI.
The best thing to say to the police is that you are not making any admissions. It is the best thing to say because just about everything thing you say can be used against you.
Most police are very crafty in soliciting admissions from people they think might be driving under the influence of drugs or alcohol. They also use this to get suspects to take the field tests.
There is no crime against refusing to make incriminating statements against or refusing field tests. So why do I see almost every client doing these things?
There is a simple explanation. People think that is they are perceived as cooperative that the police will have pity on them and let them go.
Wrong. Once you admit to drinking, even one beer, and driving you are in the officer’s sights.
Everyone thinks that it is ok to tell the officer they had a few beers. Wrong again. You just admitted an element of the offense, which is consumption of alcohol.
The officer will then attempt to seal the deal by informing you that he just wants to make sure you are ok to drive by having you do a few tests. Well what are you going to say, No!, I am drunk arrest me! Of course you take the tests.
And you think that you did ok. You didn’t. The officer will say that he thinks that you had more than just a few and that he has to arrest you for DUI.
You will be taken to the station and asked for a breath test most likely. No your defenses go up.
What you should know is that it is not unlawful for the police to lie to you. Heck, they can even tell you half of the truth to get you to make admissions and do the tests.
Now I see most people at the station confronted with the option of a test over the limit and a 90 day suspension or a refusal and a 1 year suspension say well 90 days is less so what can the test hurt? Well everything.
The test, if admissible at trial, presumes that you are under the influence if you test over the limit. Even if you drive fine, walk fine, and talk fine! I have even had a Judge tell me after a motion to suppress that she would find my client not guilty at trial based on his appearance on the video doing field tests, but because of the test result of 0.169 she would have to find him guilty.
This is the lesson. There are no admissions that can’t hurt you. You can’t talk your way out of a DUI. All you can do is talk yourself into a conviction. The police do not have to tell you the truth, and can outright lie to you.
Be careful when speaking to the police and deciding to take tests. More than likely, they will make defending your case more difficult.
Be safe and remember, if you or a family member has been arrested for DUI or OVI in the Cincinnati Area – including: Hamilton, Butler, Warren, Clermont, Montgomery, and Greene Counties – call me, ROBERT HEALEY, or one of my qualified associates at 513.333.0014. We are available 24-hours a day, 7 days a week. Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and a FORMER PROSECUTOR to work….for you!