The government must prove to the jurors beyond a reasonable doubt the person operated a vehicle under the influence. An arresting officer may charge a defendant with O.V.I. based on observations and evidence like field sobriety tests and chemical tests.
A police officer must have probable cause to pull anyone over. Probable Cause is usually a traffic infraction speeding, stop sign, red light or weaving. When you are pulled over for a traffic infraction the police officer has no evidence that you may be driving under the influence. Once you are stopped, the officer begins gathering evidence against you for OVI/DUI. If you do not give him the evidence I can always win a charge of DUI/OVI.
Examples of giving evidence are (1) engaging in conversation with the policeman. By doing this he hears your speech hears your thought processes and learns whether or not you are impaired. He smells your breath. During the process he also views your eyes to see if they are red, bloodshot, or watery.
If you engage in a conversation you are giving him evidence to use against you. If he observes slow or slurred speech or smells an odor of alcohol he then goes to the next step (2) license, insurance, and registration. Have this ready. If you search for it, fumble through a wallet or purse, or cannot find it this is another strike against you.
Never admit that you consumed alcohol. Admission is another strike against you. If you have given him enough evidence he will ask you to perform Field Sobriety Tests. There is no legal obligation or requirement to perform these tests. Do not take Field Sobriety Tests. Again you are giving him evidence against you. Finally, do not try to justify your conduct. Everything you say will all be written down in a police report and used against you. Once he has made a decision to charge there is nothing you can say or do to avoid it so do not say anything. Be polite and cooperative. Do not take a breathalyzer test and call a skilled Cleveland Ohio DUI defense lawyer.