What is “Probable Cause” to Arrest for DUI / OVI in Ohio?

Probable cause to arrest for DUI / OVI in Ohio exists when, at the moment of arrest, the arresting officer had sufficient information, derived from reasonably trustworthy source of facts and circumstances, to cause a prudent person to believe the accused was driving under the influence of alcohol.  A judge must make this determination based on the "totality of the circumstances".

Many Ohio courts conclude that the mere act of operating a vehicle with an odor of alcohol on the breath coupled with one or two other shreds of evidence supports probable cause.  In fact, most Ohio appellate courts do not require field sobriety testing to be conducted in order to support an arrest for DUI / OVI in Ohio.  Also, several courts have found probable cause to arrest for DUI / OVI in Ohio after testimony establishes that the motorist actually passed the field sobriety tests!