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Questions You May Have
If I am arrested, can the officer search me?
Yes. Police officers do not need a warrant to conduct a search after making an arrest. After making an arrest, the officer can legally search the person being arrested and the area in the immediate control of the person. In addition, the police have the right to take your fingerprints and photographs. You may also be required to participate in a line-up, to provide a sample of your handwriting, to speak phrases associated with the offense or to have samples of your hair taken. If you are requested to participate in any of these procedures you should insist on having an attorney present.
If I am arrested, should I hire an attorney?
While you may think your case is not complicated or would not benefit from an attorney you should always check to see if there is something which can be done to lessen the penalty or otherwise mitigate the sentence. Almost daily criminal laws become more and more complicated. Never assume you would not benefit from consulting with an attorney. There maybe new laws or changes to existing laws which make the advice of a knowledgeable lawyer invaluable.
What is a Miranda warning?
A Miranda warning advises people of their constitutional right not to answer questions or to have an attorney present before answer any questions, because anything
If I am not under arrest, do I have to answer a police officer`s questions?
No. Unless you are placed under arrest you are free to leave at any time. However, if a police officer stops you while you are walking, and asks you for identification, it is probably in your best interest to provide such information. The courts have allowed police officers to detain people for extended periods of time in an effort to determine the identity of the individual.
EXAMPLE: Tommy is walking down the street and approached by Officer Doright. Officer Doright begins to question Tommy about a bank robbery that happened a few days ago. The conversation looks like this:
Officer Doright: Hey, excuse me, I would like to ask you a few questions.
Tommy: um, ok, what is this about?
Officer Doright: I`m investigating a robbery that happened a few days ago, I thought you might be able to give me some information.
Tommy: I just got back in town today from Europe, I really don`t think that I can help.
Officer Doright: You just got back, that`s interesting, you fit the description of the robber that the bank teller provided.
Tommy: Excuse me Officer, am I under arrest?
Officer Doright: Umm, well no, but if you have something to say, I promise to help you out.
Tommy: No thanks Officer, you have a nice day. Tommy then continues with his walk home from the airport.
Must a police officer always advise a person of their Miranda rights before asking a question?
No. The Miranda warning is only in effect during a custodial interrogation. This means the person being questioned is in custody or in an environment in which the person does not believe they are free to leave.
If I am in custody, how do I assert my right to remain silent?
A suspect who has been arrested need only say I want to speak with an attorney or I have nothing to say now. If the police continue to question the suspect, the police have violated the suspect's 5th Amendment rights. Anything the suspect says after the violation is inadmissible as evidence in court. However, if you have been arrested, and you have been given your Miranda warning, anything you say can and will be used against you in court.
But the police officer said that if I talked, he would help me out.
This is something police officers often say. Police officers have no control over what happens to you after you have been arrested. The determination of what you will be charged with, and how you will be sentenced, is up to the prosecutor. The best way to help yourself is to politely refuse to talk to the police and insist on a lawyer.
If a police officer knocks on my door and asks to search my home, do I have to let the officer in?
No. Unless the officer has a warrant, you are under no legal obligation to let the officer search your residence. However, if you voluntarily consent to a search of your home, automobile, or person, then the officer can conduct a full search without a warrant. Anything the officer finds can later be used against you in court.
Driving Under the Influence (DUI) or Operating a Vehicle Under the Influence (OVI)
What is DUI/OVI ?
DUI is shorthand for Driving Under the Influence. You can be convicted of a DUI/OVI two ways. First, if you take the breath test and your blood alcohol level (BAC) is .08 or greater. Second, you can be convicted if you drive or are in physical control of a motor vehicle while under the influence of alcohol or a drug of abuse to the extent your ability to operate a motor vehicle is appreciably impaired, even if your BAC is below the legal limit of .08.
Does the car have to be moving for me to be guilty of DUI/OVI?
No. You can be arrested for DUI/OVI by driving with a BAC over .08, or while your ability to operate the vehicle is substantially impaired. But, you do not need to actually cause the vehicle to move. You can still be found guilty if you had the capability and power to dominate, direct, or cause the vehicle to move, regardless of whether you were exercising the capability or power at the time of the arrest. In other words, sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI, also called a "physical control" violation, as a result of your being in actual physical control of the car.
Do I have to submit to a Field Tests?
No. Even if you have not been drinking or have not taken any drugs, you should never perform the tests when ask by the officer. These test results will be used, in part, by the officer to determine if there is sufficient evidence to arrest you. If you do not perform the test, there is much less evidence for the police to use against you. The same is also true of the request for you to submit to a breath, blood or urine test. Again, the best way to avoid being convicted is to refuse all tests. However, refusing to take the test permits the Bureau of Motor Vehicles to suspend your privilege to drive. Most people find a conviction for a DUI/OVI to have more significant consequences than a license suspension. In addition, even if your license is suspended by the BMV, you can request certain limited driving privileges.
What should I do if I am stopped by a police officer while in my vehicle?
First remain calm and remember the police officer is just doing their job. It is best to make no sudden movements. Keep your hands on the steering wheel and be prepared to present your drivers license and proof of insurance when asked. It has been said when an officer has stopped a vehicle they already have it in their mind whether or not they will issue a ticket or just a warning. Whether this is true or not, always be courteous to the officer and they will be courteous to you. If you are stopped and are not sure why, keep in mind an officer behind you may notice your taillight is out or your license plate is missing a current tag. These are things you may not be aware of and it is the officer`s duty to inform you of this. Always remember whether you like being stopped by the police or not, they are here to protect all of us and we should respect them.
Contact Cincinnati DUI Attorney, Jay Clark.
