I will be speaking at a driver intervention program (DIP) in the upcoming weeks. I have spoken at these before, but this will be the first time with a new provider, second chance of Columbus. These programs are a substitute for the mandatory three days of incarceration that a judge must impose on a first offense OVI conviction. I focus my conversation on what the laws are concerning Operating a Vehicle While Impaired, specifically what the driver's rights are and what happens on second and subsequent offenses.

I regularly watch videos of OVI arrests, and it is frustrating at times to see people unwittingly compromise their own defense because they do not know what they are and are not required to do when stopped by a police officer. Of course you should always be polite and courteous, there is no reason not to be. However, you are not required to answer the officer's questions about where you are coming from and where you are going, whether or not you have had anything to drink, or what your past record is. You are allowed to politely refuse to answer these questions. If you are asked to exit your vehicle, you must do that, but you do not need to submit to field sobriety tests, or a portable breathalyzer test. Remember that you are presumed innocent, and the officer has the burden of showing that he had a reason to arrest you.

Some things I would definitely recommend against; rolling down the window 1/4" and sliding your license out through the crack, you are not fooling anyone with this trick. Also, don't try refusing the order to step out of your vehicle. If you do you may learn about the officer's favorite non-lethal weapon: the Taser! Don't put a penny in your mouth to "defeat" the breathalyzer, it doesn't work.

The best advice it to use your best judgment, and not to drive impaired. There is a possibility, however, that you will disagree with an officer who stops you regarding your level of impairment, or your lack of impairment. If you know the rules, you can even the playing field a little bit. If you find yourself in a jam, remember to call us at Yavitch & Palmer.