DUI: Breath Test Refusal

When it comes to driving under the influence it is always best to follow all the directions of the arresting officer to help move the process along and to help make the overall process simpler for everyone involved. That being said, some states do allow those that are being arrested for suspicion of driving under the influence to refuse a breathalyzer test.

In Ohio however, when someone is arrested on suspicion of driving drunk they are taking part in what is called the “Implied Consent Law”. This law says that if you are lawfully detained by an officer under the suspicion of driving under the influence you consent to take any necessary test that the officer wishes to administer. The hang-up of this law is that the arrest must be lawful and the officer has to have probable cause and a reason to have arrested you for driving under the influence.

For those that do choose to drive under the influence, they may be subject to urine tests, breathalyzer tests, blood tests, or other chemical tests to determine what they may have in their system that is impairing their ability to drive. You should take the time to follow instructions and to take any necessary tests that are administered.

In some cases, a lawyer may try to have results of these tests thrown out if they feel the rights of their client have been breached or compromised in any way. It is always best to avoid driving under the influence and those that are arrested for this transgression in the state of Ohio are going to be subject to a breathalyzer test as the discretion of the officer that is working the arrest. There are some states where you can refuse the test but you are likely going to be taken to the police station if you do even if you are not under the influence of alcohol or any drugs.

If you need a DUI lawyer, contact the criminal law firm Mango Law today. 

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