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I have been trying to find a definitive answer about what you are legally required to provide an officer at an OVI/DUI checkpoint in Ohio.

I know that Ohio is a "Stop and Identify" state. However, that only applies if you are reasonably suspected of committing a crime. Also, that is just name, address, and date of birth.

So are you required to identify yourself at an OVI/DUI Check Point?

Are you required to provide registration, proof of insurance and a drivers license?

I know you can invoke the right of silence and refuse consent to search but what do you actually have to answer?

Please only respond if you can provide actual state documentation or a case that sets precedent.

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The following is not legal advice.

In general, Florida v. Royer says that only if there is a reasonable reason for doing so, a person may not be detained. For example:

The person approached, however, need not answer any question put to him; indeed, he may decline to listen to the questions at all and may go on his way. He may not be detained even momentarily without reasonable, objective grounds for doing so; and his refusal to listen or answer does not, without more, furnish those grounds. If there is no detention - no seizure within the meaning of the Fourth Amendment - then no constitutional rights have been infringed.

The question came up how DUI checkpoints are related to this because here people (in vehicles) are briefly detained.

Michigan Department of State Police v. Sitz (See also here) says that

  • "Petitioner's highway sobriety checkpoint program is consistent with the Fourth Amendment." That is DUI check-points are legal. You are technically being detained for a short period of time. But, as you point out in your comment below, you don't have to submit to any test. The police at the stop will access you from the outside.

Delaware v. Prouse (see also here) was cited in Michigan Dep't of State Police v. Sitz and says that

Except where there is at least articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered, or that either the vehicle or an occupant is otherwise subject to seizure for violation of law, stopping an automobile and detaining the driver in order to check his driver's license and the registration of the automobile are unreasonable under the Fourth Amendment.

Also, I find the following in Michigan Department of State Police v. Sitz referring to the Delaware v. Prouse it is stated that the Supreme Court

...went on to state that our holding did not cast doubt on the permissibility of roadside truck weigh-stations and inspection checkpoints, at which some vehicles may be subject to further detention for safety and regulatory inspection than are others.

So, if there might be some "inspection points" where you can be subjected to "further detention".

  • But field sobriety tests and preliminary breath tests (which are not admissible in court) are voluntary. So to which test do you suggest you are required to perform? – Anthony Russell Jun 13 '15 at 1:02
  • @AnthonyRussell: You are right, let me update a bit. – user301 Jun 13 '15 at 1:05
  • Exactly what I was looking for. Thank you. – Anthony Russell Jun 13 '15 at 11:35

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