What Police Look for in an OVI

PSA: Always Choose Uber or Lyft When in Doubt

It’s simple—ride-sharing is always cheaper and safer than facing an OVI charge. Even a less-than-perfect ride beats the serious legal consequences of an OVI stop.

1. Why OVI Stops Are Serious in Ohio

In Ohio, an OVI (Operating a Vehicle Impaired) conviction can carry mandatory jail time, fines, and lasting repercussions depending on prior offenses. Few misdemeanors in Ohio automatically mandate jail, but OVIs are an exception due to their severity.

2. Officer Observations: The Entire Stop Counts

Once stopped, officers are legally permitted to observe everything you do. Unfortunately, confirmation bias plays a big role—if they suspect impairment, anything you say or do can reinforce that belief. While laws govern testing procedures, much of what police rely on is opinion-based.

3. Signs of Impairment They Commonly Note

Officers often interpret ordinary behavior as signs of intoxication. From your speech to your demeanor, nearly anything can be used against you:

• Speech Patterns:
• Fast speech: interpreted as nervous attempts to conceal impairment.
• Slow speech: seen as deliberate efforts to appear sober.
• Emotional Display:
• Nervousness or calmness: both potentially seen as signs of intoxication.
• Driving Style:
• Any weaving or uneven steering: may suggest inability to control the vehicle.

4. Commonly Cited Physical Clues at an OVI Stop

Officers frequently cite these signs—though many lack scientific backing:

Slurred or Unusual Speech

• Easily misinterpreted when taken out of context.

Fumbling with Documents

• Fumbling for insurance, ID, or keys—even in stressful conditions—can be portrayed as inebriation.

Odor of Alcohol

• Often noted as “odor of alcoholic beverage.” It’s subjective and doesn’t quantify consumption.

Bloodshot or Glassy Eyes

• Fatigue, lighting, and health conditions also affect eye appearance.

Unsteady Balance

• Ascribed to intoxication even when attributable to physical conditions.

Admission of Drinking

• Any admission can be used, even if minor or remote in time.

Portable Breath Test (PBT)

• These preliminary tests aren’t admissible in court. Plus, officers holding firm beliefs may persist even after a .00 reading.

5. OVI Detection: Phases Explained (NHTSA Standards)

Police training—especially around OVI detection—follows guidelines from the National Highway Traffic Safety Administration (NHTSA). Here are the key investigative phases:

• Vehicle in Motion: Look for erratic driving—swerving, slow responses, unpredictable lane changes.
• Personal Contact: Observations during the stop—smell of alcohol, speech, attitude, fumbling, eye condition.
• Pre-Arrest Screening: Field sobriety tests like Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand are used to justify probable cause.

6. How a Defense Attorney Can Help

Challenging OVI charges often hinges on how evidence was gathered:

• Were standardized tests administered correctly and under suitable conditions?
• Was the breathalyzer calibrated and administered by trained staff with proper observation protocols?
• Could physiological or environmental factors explain observed behaviors?

An experienced Toledo OVI defense attorney knows how to dissect these details and protect your rights.

7. Key Takeaways at a Glance

• Officer interpretation is highly subjective.
• Ordinary actions can be mischaracterized as impairment.
• Scientific testing must be accurately administered—procedural flaws matter.
• You have rights—even in the pre-arrest phase.

8. Need Help With an OVI Charge in Toledo?

Acts quickly is the best defense. If you’ve been stopped or charged with an OVI in Toledo or elsewhere in Ohio, consult with an experienced local attorney immediately.

Call Brian C. Morrissey, Attorney at Law, at 419-830-7441 for a free consultation.