Attorney Michael Probst Reminds Drivers to Remember Their Rights if Accused of Drinking and Driving

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Football Season and the Holidays are Prime Time for DUI Arrests

Many people have a lot of reasons to celebrate during the Fall season. Between Ohio State Buckeyes football starting up, the World Series, and the holidays around the corner, many people between now and the end of the year will lift up their glasses in celebration. While drivers get back behind the wheel after their weekend festivities, their odds of having a run-in with the law increases. Local Police and State Troopers increase patrol and enforcement activity with major events in the fall, specifically looking for drivers under the influence (DUI) and operating a vehicle intoxicated (OVI) arrests. According to Ohio State Highway Patrol data, nearly 4,000 people were arrested in 2013 for drinking and driving, while many more were cited for driving under suspension.

With enforcement starting to ramp up, Columbus DUI/OVI attorney Michael S. Probst wants to remind drivers of their rights if they are pulled over. Every driver has a number of defense options when they are arrested, and have the right to speak to an attorney about their situation.

“If you are at all concerned that you’ve had too much to drink, the first thing you should do is call a taxi,” Probst said. “A $50 cab fare across town is much easier than going to court, and working through the system to clear your name.”

If a driver is pulled over on suspicion of drinking and driving, a driver is obligated to pull over for the traffic stop. During this stop, the officer may ask questions about what you were doing before driving, including if you were drinking or not. As a result, the officer may request additional tests, including field sobriety tests or chemical tests.

“In Ohio, your consent to a sobriety test, like a breathalyzer, is implied if an officer has probable cause to arrest you for an OVI offense,” Probst said. “You may refuse to take the test and, according to the Ohio Supreme Court, there is no constitutional penalty to refuse the test. However if you refuse, your drivers’ license may be suspended regardless of the outcome of your case.”

If a driver is arrested on suspicion of DUI or OVI, the repercussions can be immediate. In addition to losing driving privileges, drivers may also face fines, and potentially jail time as a result. Before talking to police or prosecuting attorneys, Probst recommends that anyone accused of DUI or OVI talks to an experienced criminal attorney.

“Working with an attorney that specializes in DUI and OVI cases can help you navigate the system, and understand what you are up against,” Probst said. “An attorney will help you understand the circumstances in your case, create a defense for your charges, and ultimately help you determine your best course of action to work through the case.”

With experience as a prosecuting attorney, Probst understands how a case is built against an accused driver. Probst recommends that you call him at the first opportunity in order to begin building a defense immediately.

“The longer you wait, the harder it is to fight charges against you,” Probst said. “Starting with an attorney sooner rather than later can help you get the best possible outcome for the accusations against you.”

For more information about Michael S. Probst and his practice, visit

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About Probst Law Office:

Michael S. Probst is a criminal defense attorney who represents clients throughout Central Ohio. Mr. Probst is a former prosecutor who has been handling criminal law cases since 1999. Today, Michael S. Probst represents adults and juveniles, defending the rights of clients facing charges in state, federal and mayor's courts. In addition to his experience as a negotiator and trial lawyer, Mr. Probst is experienced in criminal appeals. Mr. Probst is a graduate of The Ohio State University and Capital Law School, and was admitted to the Ohio State Bar in 1999. For more information on Mr. Probst’s areas of practice, including DUI and OVI law, visit

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