Dan Sabol
Dan is the first attorney in Ohio to be both board certified in criminal trial law by the National Board of Trial Advocacy and be designated as a Lawyer Scientist by the American Chemical Society.
Chase Mallory
Chase Mallory is a firm founder whom has tried over 40 cases and conducted more than 100 suppression hearings. He is a founding member of the DUI Defense Lawyers Association
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Learn more about our teamUnderstanding the Impact of Winter Weather on OVI Stops in Ohio 
Ohio winters bring with them a unique set of challenges for both drivers and law enforcement officers. The combination of snow, ice, and poor road conditions can lead to hazardous driving, but these same conditions also make it difficult for officers to determine whether a driver is impaired or simply struggling with the winter elements. For Ohio drivers, it’s essential to understand how winter weather can complicate OVI stops, and why being aware of your rights can make all the difference if you find yourself in this situation.
The Influence of Snow and Ice on Driving Behavior
During Ohio’s harsh winter months, snow and ice accumulate on roadways, significantly impacting traction and handling. These conditions often result in erratic driving behaviors that might be misinterpreted by law enforcement officers as signs of impairment. A common example is a vehicle swerving or failing to maintain a straight line. While these actions are commonly associated with drunk or drugged driving, they are also typical in icy conditions when drivers struggle to maintain control of their vehicles. Some specific driving behaviors that are more likely in winter conditions include:- Swerving or weaving: This can happen when roads are slick, and a vehicle’s tires slide uncontrollably.
- Abrupt stops or slow starts: These can occur when a driver is trying to navigate slippery roads carefully.
- Increased stopping distance: Snow and ice make it harder for drivers to brake in time, often leading to late or sudden stops.
Reduced Visibility and its Role in OVI Stops
Snowstorms, heavy fog, and other winter weather elements significantly reduce visibility on Ohio’s roads. This creates a dangerous situation where drivers are forced to adapt their driving behavior to compensate for not being able to see far enough ahead. Whether it’s slowing down, changing lanes suddenly, or using headlights or fog lights to navigate, such actions might appear suspicious to a law enforcement officer conducting a routine OVI stop. In addition, winter storms may cause snow to accumulate on windshields or obscure lights and turn signals. Officers may perceive a driver’s attempt to clear the windshield or adjust lights as a sign of impaired coordination, even though it’s simply an effort to ensure safety during difficult driving conditions. For example, a driver might swerve to avoid a large snowbank, which could be mistaken for erratic driving. Or, they might drive under the speed limit in an attempt to avoid losing control of the vehicle. These driving behaviors are commonly associated with OVI stops, yet they are not indicative of intoxication but rather of the severe weather challenges.Client
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Chase Mallory is incredible. He is wonderful to work with and knows exactly what to do to help his clients. Thank you from the bottom of my heart for all you've done for me. I highly recommend hiring Chase to help fight your battles. Bless you!
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Difficulties with Field Sobriety Tests in Winter
Field sobriety tests are an essential tool used by law enforcement officers to assess a driver’s level of impairment. However, in winter weather, the accuracy and fairness of these tests are significantly compromised. For instance, the walk-and-turn test requires drivers to walk in a straight line, but performing this task on icy or snowy ground is nearly impossible without risking a fall. Similarly, the one-leg stand test is difficult to perform on slippery surfaces, as maintaining balance is already a challenge when standing on uneven or icy ground. In these conditions, officers may mistakenly assume a driver is under the influence simply because they struggle to complete these tasks. Even if a driver is sober, the physical environment may make it impossible for them to pass the test, leading to an unfair conclusion about their level of impairment. Ohio law allows officers to administer breath tests, and if a driver refuses a breathalyzer test, this can lead to severe legal consequences. However, if the officer didn’t properly consider the weather-related difficulties of administering field sobriety tests, the results of the breathalyzer or blood tests might be the only fair evidence to assess impairment. It’s crucial for Ohio drivers to understand that their physical inability to perform sobriety tests due to weather conditions can be a key part of their defense.Protecting Your Rights in Winter OVI Stops
When winter weather leads to an OVI stop, Ohio drivers must understand their legal rights to protect themselves. It’s easy to feel intimidated or overwhelmed during an OVI stop, especially when you know that poor weather conditions may have affected your driving. However, it’s important to remember that law enforcement officers must have reasonable suspicion to stop your vehicle and probable cause to arrest you. If you are stopped by an officer, it’s essential to remember:- You have the right to remain silent. You are not required to answer questions beyond providing your identification and registration.
- You are required to submit to a breathalyzer test. Refusal to take a breath test may result in automatic license suspension and other legal penalties.
- Field sobriety tests are optional. You have the right to refuse the tests. This is especially important during winter, when road conditions make it impossible to perform these tests fairly.