Should I submit to any of the DUI / OVI tests?

Should I submit to the field sobriety tests?

In response, the answer is no. In Ohio, there is no legal mandate that you submit to field sobriety tests. Do not take them; there is no harm in refusing to take them. Refuse to submit to any field sobriety tests; instead, be courteous and cooperative. Avoid even attempting to take them! The cops will intimidate you and make attempts to persuade you. Field sobriety tests were created by the National Highway Traffic and Safety Administration (NHTSA) to demonstrate your intoxication. It is their intention for you to fail. You are only providing the prosecution with more evidence against you by taking these tests. Do not do it; you are testifying against yourself.

If you’ve already been arrested and charged with an OVI, don’t worry; I can help.  I have taken the 24-hour NHTSA field sobriety test course (FST).  If you have already taken the FSTs, I will obtain your dash-cam video for review. If I find that the police officers make mistakes in performing the field sobriety tests,. If they make a mistake, the tests cannot be used against you.

Officers make mistakes in giving these tests in two ways:

1.) they do not give the tests properly and

2.) They do not score the tests properly.

Upon reviewing your field sobriety tests, I frequently discover that you passed even though the police claim you failed. In that case, the charges against you could be dropped or reduced, and the test could not be used against you in court. For the test to be utilized against you, it must be administered by the officer in a manner that substantially complies with NHTSA guidelines. You must file a Motion to Suppress (Evidence) to have the test results thrown out if the officer makes mistakes.

Should I submit to the breath test?

You will face a second charge under the OVI statute if you submit to a breathalyzer test and blow over the legal limit of.08. In the state of Ohio, it is against the law to drive after consuming more than.08 of alcohol.

By blowing over a BAC of 0.08 during the breath test,

1.) You prove the state’s case against you for BAC.  I cannot advise you not to follow the law and refuse to take the breath test, but you are incriminating yourself if you take the test and blow over. 08.

2.) Even worse, if you blow over .17, all of the penalties are doubled.

3.) You ought to be aware that refusing to blow will have repercussions. Your license will be automatically suspended by the Bureau of Motor Vehicles for a period of one year. The officer has already decided to charge you with OVI when they pull you over and get you out of the car to do a field sobriety test. Your license will be suspended and you will be placed under arrest. A second DUI offense will be brought against you if your blood alcohol content (BAC) exceeds the permitted limit.

Either way, you are going to lose your driving privileges, whether you blow or don’t blow, whether you take the field sobriety tests or don’t take the field sobriety tests.  You have put yourself in a better position if you don’t take the field sobriety tests or the breath test because the state does not have as much evidence to use against you.  If you do not take a breath test, you avoid the second DUI charge and make it much more difficult for the prosecution to prove their case.

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