Ohio OVI Sobriety Checkpoints and How to Defend a Checkpoint Arrest

A form of enforcement covered in what an OVI is under Ohio law.

Most people have seen the flashing lights and traffic cones that signal an OVI sobriety checkpoint. While some drivers simply drive through after a brief conversation with an officer, others find themselves under investigation for Operating a Vehicle while Impaired (OVI). If you were arrested at a checkpoint, it is important to understand that you still have constitutional rights and that a checkpoint arrest is subject to legal challenge. Call (937) 318-1384 for a free consultation.

What Is an OVI Sobriety Checkpoint?

An OVI sobriety checkpoint is a temporary roadblock established by law enforcement to stop vehicles according to a predetermined plan. Unlike a traditional traffic stop, officers do not need individualized suspicion before briefly stopping your vehicle. Instead, every vehicle, or vehicles selected according to a neutral formula such as every third car, is briefly stopped while officers look for signs of impairment.

During the initial contact, an officer may ask for your driver’s license, observe your speech, look for the odor of alcohol or marijuana, and watch for other indicators of impairment. If the officer develops reasonable suspicion that you may be under the influence, you may be directed to a secondary screening area for additional investigation, including field sobriety testing.

A checkpoint stop is still a stop that has to be lawful.

Secondary screening means field sobriety testing.

How Did Sobriety Checkpoints Become Legal?

In 1990, the United States Supreme Court decided Michigan Department of State Police v. Sitz, holding that properly conducted sobriety checkpoints do not violate the Fourth Amendment. The Court balanced the public’s interest in preventing impaired driving against the relatively brief intrusion on motorists and concluded that checkpoints may be constitutional when they are conducted under carefully designed guidelines.

That does not mean every checkpoint is legal. Courts continue to require law enforcement agencies to follow important safeguards. These generally include advance planning by supervisory personnel, neutral procedures for selecting vehicles, and adequate safety measures. Ohio agencies also typically provide advance publicity informing the public that a checkpoint will occur. While advance publicity is best understood as a factor a court may weigh rather than an absolute constitutional requirement, one of its stated purposes is deterrence. That is why my office publishes checkpoint alerts, to encourage people to make safe transportation decisions before they ever encounter a checkpoint.

Why I Oppose Sobriety Checkpoints

As a defense attorney, I recognize that impaired driving is a serious public safety issue. At the same time, I believe that stopping motorists who have done nothing to create individualized suspicion raises significant constitutional concerns. The Fourth Amendment was written to protect citizens from unreasonable government intrusion. Sobriety checkpoints are one of the few situations in which law-abiding motorists may be stopped without any particularized suspicion. While the Supreme Court has approved properly conducted checkpoints, I believe courts should continue to require strict compliance with constitutional and statutory safeguards. When the government exercises extraordinary authority, it should also be held to an extraordinary level of accountability.

That is why every checkpoint arrest deserves careful legal review. The fact that an arrest occurred at a checkpoint does not automatically mean the investigation complied with the Constitution or Ohio law.

How Can a Checkpoint Arrest Be Challenged?

Checkpoint cases often involve legal issues that do not arise in an ordinary traffic stop. Depending on the facts, potential questions include whether the checkpoint was established under a valid supervisory plan, whether vehicles were stopped according to neutral, predetermined criteria, whether advance publicity was provided as Ohio agencies typically do, whether the officer had reasonable suspicion to extend the detention beyond the initial stop, whether the field sobriety tests were administered correctly, whether there was probable cause for the arrest, and whether any chemical tests were administered in compliance with Ohio law. Every case is different, and the available defenses depend on the facts and the evidence.

Why Experience Matters

My practice is devoted exclusively to OVI and DUI defense throughout Ohio. Before entering private practice, I served as a prosecutor, giving me experience from both sides of the courtroom. I have also completed the same NHTSA Standardized Field Sobriety Testing course that police officers receive and earned certification in Forensic Sobriety Assessment, which focuses on the scientific principles underlying roadside impairment investigations. I have received additional training in DUI science and regularly study the procedures officers use during OVI investigations. If you were arrested at an OVI checkpoint, I will carefully examine every stage of the investigation, from the legality of the checkpoint itself to the administration of field sobriety tests and chemical testing. My goal is to ensure that the State is held to its burden of proving that every constitutional and legal requirement was satisfied before your liberty is taken away.

Why Trust Charles M. Rowland II

Charles M. Rowland II has established himself as a top OVI attorney in Ohio and the Dayton area and beyond. He lives by the motto, “Work hard, play by the rules, and never quit!” Preparation, dedication and perseverance are his touchstones. He will vigorously fight for you and will genuinely care about the outcome of your case. He wants the most favorable outcome including acquittals, dismissed charges, or advantageous reduced charges.

He has been recognized by his clients and his peers as a top OVI attorney. He has been a “Super Lawyer” since 2013, a Fellow to the Ohio State Bar Foundation, the Nations Top 1%, the National Trial Lawyers Top 100 for Criminal Defense, a Dayton Bar Association Foundation Fellow, and has appeared in Time and Car & Driver Magazine for OVI defense. He is a lecturer on OVI defense to police agencies, attorneys, judges, and students, and he taught OVI trial practice at the Greene County Peace Officer Training Academy for over fifteen years.

Charlie is a member of the Dayton Bar Association, the Dayton Bar Foundation (2022 Foundation Fellow), the Greene County Bar Association (past President), the Clark County Bar Association, the Ohio State Bar Association, the Ohio State Bar Foundation (2005 Foundation Fellow), the American Bar Association, and the American Bar Foundation.

Charles Explains why he gives out the location of DUI checkpoints in Ohio in this video.

People often ask us why we give out the location of checkpoints and the first answer is it’s law.

The United State Supreme Court decided that checkpoints are to be allowed to exist for a deterrent effect.

We want to help the police in that effect. We give you the location and tell you when they are so that you can plan ahead and think ahead. If you ever sat in my seat you would see that a lot of the DUI’s were caused by people who just didn’t plan ahead. Situations where individual’s find themselves in a position where they had no other option but to drive in their opinion. You won’t feel that you are in a position like that if you plan ahead so you can avoid a DUI situation.

Frequently Asked Questions about Ohio OVI sobriety checkpoints

Free Consultation

If you were arrested at an OVI sobriety checkpoint in the Dayton area, call Charles M. Rowland II at (937) 318-1384 for a free consultation.