A DUI charge can be dismissed by prosecutors if a judge finds that the defendant was intoxicated or under the influence of drugs or alcohol at the time of the offense.
The judge may also order that the driver remain in the car for the time being and be monitored by a physician or mental health professional.
If the judge finds the defendant is sober, the judge may order a breath test, which could determine if the defendant’s blood alcohol level was .08 percent or higher at the point of the arrest.
But the judge must also find that the officer was reasonable in his belief that the accused person was intoxicated at the location of the stop, according to the Ohio Department of Transportation.
The officer’s actions were reasonable because the suspect did not have the intent to cause the accident, said Ohio Attorney General Mike DeWine, who is leading the state’s effort to overturn the law.
A police officer is under no legal obligation to give alcohol-related warnings, but DeWynette’s office is asking for support from the state legislature, the U.S. Department of Justice, the Ohio State Highway Patrol, and other agencies.
The Ohio Highway Patrol also is reviewing the law and will work with the Ohio Attorney’s Office to decide whether it should be changed.
The Ohio Supreme Court will hear arguments in the case next week.