Can Failure to Dim High Beams Be Basis for Ohio OVI Stop?

Nobody likes drivers who refuse to turn down their high beams as they pass you at night. When the police see you driving in this manner, they will suspect that you are doing so because you are drunk rather than rude. The question is whether or not this rises to the level of Reasonable Suspicion.

The fact that a DUI suspect came around a curve in the road at night and flicked her headlights on to high beam and then back to low beam did not amount to Reasonable Suspicion to conduct a Terry stop. State v. Woods (1993), 86 Ohio App.3d 423.

But driving with your high beams on for a substantial period of time despite passing a lot of oncoming traffic has been found to give officers Reasonable Suspicion to perform a Terry stop. Westlake v. Kaplysh (1997), 118 Ohio App.3d 18.

Keep in mind that often this question is academic, since if the police see you violate even the most minor traffic law they have reasonable suspicion to stop you for doing that. Then, if they smell alcohol and hear you slurring your words, and if you admit to drinking, they can use that to get to reasonable suspicion of drunk driving.