Can I Refuse A Breathalyzer Test?

Is Chemical Testing Required in Ohio If Your Stopped for Driving Under the Influence. 

Ohio’s implied consent law requires all drivers who are arrested for drunk driving to submit to chemical testing to determine their blood alcohol concentration (BAC) or the level of drug concentration in their system by taking a urine or blood sample.

You will be required to take a blood, breath, or urine test according to the arresting officer’s discretion. The officer must explain that you’re under arrest, that you’ll lose your license if you refuse a test, and that failing a chemical test can result in jail time. A police officer may use “reasonable force” to force you into testing in some circumstances.

Ohio DUI Defense Lawyer Breathalyzer Testing

Chemical testing is not required prior to a lawful arrest under the Ohio implied consent law. You might, however, be asked to take a voluntary Portable Breath Test (PBT) by some officers in order to establish probable cause to make an arrest.

A refusal to submit to testing after you are arrested for OVI has serious consequences such as a one-year Administrative License Suspension (ALS) imposed by the Ohio Bureau of Motor Vehicles (BMV) for refusing a blood, breath, or urine test. This suspension is in addition to any suspension the court will also impose a license suspension for your OVI conviction.

Refusing a post-arrest blood, breath, or urine test depends on the circumstances. The consequences of refusal are severe. It is possible to be convicted of an OVI charge even without BAC test results, so refusing may not help you avoid a conviction.

When you are arrested for OVI, the officer is required to read to you “word for word” the information on the back of the BMV form 2255 which explains the consequences of taking a test, testing over or under the legal limit, refusal, and also license suspensions which can be imposed and other penalties.

If this is your first OVI charge, you should think long and hard whether you will take a breath test. If you do and you test over the limit of .08, your license will be suspended on the spot. You will be eligible for driving privileges after 15 days but you will not get your license back.

Should you be arrested and charged with an OVI in the State of Ohio it’s critical that you contact a skilled Ohio DUI attorney as soon as possible. Pat Quinn “The Ohio DUI Guy” has over 40 years of experience and has successfully defended thousands of clients. Call us today and schedule your free case review, we will even come to you!

Do I Need an Attorney?

Ohio DUI Lawyer

There are some situations where consulting with an attorney is essential:

You May be In Over Your Head

The decision to not represent yourself stems from an emotional reaction to feeling uncomfortable in your own skin. In many situations when a legal issue involves a risk of you losing your freedom, violation of your rights or jeopardizing your future, you should never risk going it alone without the advice of an experienced attorney who can help you. It is true that good legal representation is not inexpensive, but it can help you avoid sticky situations, such as a bad divorce, employment harassment claim, or DUI charge.

Failing to obtain the advice of an experienced attorney in certain instances can lead to a broken contract, a lost claim, or even jail  time. There is an old saying: “Only a fool represents themself"  In other words If you can’t afford to lose this case, it’s time to find an experienced attorney.

The Number One Reason You Need an Attorney; The Law is Complex

In certain situations, acting like a lawyer is not appropriate if you are not a lawyer. Even experienced lawyers rarely represent themselves in a case which may involve them. Furthermore, most lawyers typically specialize in one or more legal areas, such as criminal defense or DUI defense law.

Without the assistance of a trained and emotionally detached attorney, a solid case can easily turn into a disaster. If you fail to hire an attorney when starting a business, reviewing a contract, or undertaking other activities that might have legal implications, you may encounter otherwise avoiding legal issues down the road.

The Value of Hiring a Lawyer

Generally, legal services are not cheap. It will cost more to hire legal counsel if your legal problem is complex. The cost of representing yourself can be higher in some cases. Consider this question: How much is peace of mind worth for the peace of mind that comes with entrusting the problem to a professional?

Should you be looking at the potential of jail time, trying to get the best possible compensation from an injury due to an accident or need to make sure your legal rights are defended in a DUI case. It is always good to know that an experienced legal professionals are only a click away.

Ohio DUI / OVI Law Enforcement Ramping Up for the 2021 Holiday Season.

Ohio DUI Guy

During the holidays folks take to road to travel to spend time with extended families and friends. AAA, states traveling during the holidays has continued to increase each year except last year due to the 2020 covid outbreak, however 2021 looks to be the holiday travel recovery year. Nearly five million people are expected to be traveling in Ohio this holiday season, and 90 percent of those will be driving.

Due to the amount of traffic during the holidays there is an increase in accidents linked to DUI (driving under the influence). The National Highway Traffic Safety Administration (NHTSA) states that, in the last 5 years, around three hundred individuals have been killed in DUI / OVI accidents during the week of Christmas and New Year’s Day. Each year in Ohio, DUI related accidents have been the cause of several deaths during the Thanksgiving and Christmas holidays, according to law enforcement in Ohio.

With the concern of increased drunk driving leads to greater OVI enforcement during this time of year. Local law enforcement and the Ohio State Highway Patrol will add additional OVI / DUI patrols and DUI / OVI checkpoints. The National Highway Traffic Safety Administration (NHTSA) has started again its yearly ‘Drive Sober or Get Pulled Over’ campaign during the holidays urging all Americans to avoid consuming alcohol and driving a motor vehicle.

Motorist stopped by law enforcement face being charged with a DUI / OVI offence along with a variety of additional penalties. loss of their drivers, costly fees, court cost and jail or prison time are just a few of the consequence’s should a person be convicted of a DUI / OVI charge in Ohio.

The most responsible and law-abiding individuals can be confronted with an OVI charge. That doesn't mean that everyone charged with DUI in the state of Ohio is bad, nor does it mean that they are guilty.

Been Charged With a Ohio DUI / OVI? Call The Ohio DUI Guy Today for a Free Case Review: We will Come to You! 440-516-3800

Should you or someone you know be pulled over and charged with an Ohio DUI / OVI charge during this holiday season the Ohio DUI Guy and his team with over 44 years of legal experience are here 24/7 to help.

Can an Ohio DUI/ OVI Conviction be expunged from my record?

Can an Ohio DUI/ OVI Conviction be expunged from my record?

In October 2018, Ohio passed new expungement laws allowing for the sealing of multiple criminal records for eligible offenders.

Currently you cannot expunge an Ohio OVI/ DUI conviction under Ohio law. The law that passed in October 2018, excludes minor misdemeanor offenses, traffic violations, and OVI charges.

Everybody makes mistakes at some point and time in their life. Whenever these mistakes involve an Ohio OVI conviction the implications can alter the course of an individual’s future. Whether or not the person is actually guilty, an Ohio DUI charge doesn’t have to be the end of the road.

Because there is no expungement of an Ohio DUI / OVI conviction, your alternatives to protect your future are gone. You may believe there’s little that you can do, particularly if you have submitted to a breath, blood, or urine test or performed poorly during a field sobriety test. Even if your results are over the .08 Ohio legal limit, I can still help you avoid an OVI conviction. Due to the complexity of Ohio OVI cases, it is always in your best interest to contact a skilled local DUI attorney.

If you have been arrested and charged with an OVI/DUI in the state of Ohio, contact The Ohio DUI Guy at Quinn Legal Associates, INC (440) 516-3800 for a free case review to discuss all of the available options to fight your OVI charge. If you can’t come to us, we will come to you!



Ohio Commercial Driver’s License CDL Holder DUI / OVI Charge.

Cleveland Ohio DUI Attorney

If you, a friend or acquaintance has been charged with and arrested for a OVI with a commercial driver's license, we highly recommend that you to consult with a skilled Ohio CDL OVI / DUI defense attorney. An experienced Cleveland OVI defense lawyer knows what it takes to fight DUI / OVI charges related to commercial driver’s license CDL. We will investigate the facts of the OVI case and create a tailored defense plan to challenge the prosecution’s case against you. Don't wait call today for your free consultation with a skilled Ohio DUI defense lawyer at Quinn Legal Associates we will even come to you.

This is a critical matter in the event that you’re facing OVI charges in the state of Ohio. Nevertheless, the OVI / DUI implications for commercial driver license CDL holders might not only impact your freedom but could also affect your ability to earn a living. Facing Ohio OVI charges, failing a field sobriety test FST, or declining to take an OVI / DUI blood, urine or breath test could lead to instant suspension and even disqualification of your commercial driver’s license. These penalties would be in addition to the standard OVI penalties and fines for non CDL drivers face as well.

Call us today to set up your free consultation. At the consultation one of our experienced Ohio DUI / OVI defense lawyers will look at the facts of your case, listen to your concerns and questions, and explain all your legal options. We represent clients throughout the greater Cleveland OH metropolitan area and Northern Ohio.

Information Video Library

These videos contain valuable information concerning Ohio DUI / OVI issues



OVI Attorney in Cleveland ohio

If you are arrested and charged with OVI / DUI in the state of Ohio then it’s likely your driver’s license has already been automatically been put under an administrative suspension. Should that be the case, you should consult with an Ohio experienced DUI defense lawyer as soon as possible.


• We will Schedule your hearing for you
• We will review your criminal case along with any tickets and the Ohio BMV 2255 Form for an opportunity for temporary stay, ALS reversal, or termination
• We will provide representation in the ALS herring and any criminal case associated.

At Quinn Legal Associates, we have been defending folks in Cleveland, OH and throughout northern Ohio with OVI / DUI charges for more than four decades. The skilled DUI / OVI lawyers have experienced almost every situation that may arise in a Ohio OVI / DUI Case, including administrative license suspensions. We are here not only to fight for your rights and protect your future but we will also guide you through the entire legal process so that you understand and are prepared when you enter that courtroom. Call today and setup your free consultation with one of our skilled Cleveland, OH OVI defense attorneys we will even come to you.

Information Video Library

These videos contain valuable information concerning Ohio DUI / OVI issues

As Ohio begins adopting medical marijuana use, here is an appealing point of view on the connection between binge drinking rates and legalized marijuana.


Binge drinking throughout the U. S. has reached an all-time record. Nevertheless, a new study from the investment firm Cowen & Company suggests that this kind of alcoholic behavior is actually declining in states that have made cannabis legal in the same manner as alcohol.

The Centers for Disease Control and Prevention (CDC) discovered that People in America drank over Seventeen billion alcohol-based drinks in 2015. Binge drinking by definition is where 5 or more alcoholic beverages for the average man, and 4 or more for the average woman are consumed within a period of about 2 hours. 37 million men and women participate in this type of activity one or more times per week, the report confirms.

Cowen the investment analysts firm published a information a couple years ago that offers a little hope for an America headed for cirrhosis of the liver outbreak. It would appear that excessive binge drinking may be on the decline in the states that have legalized cannabis. Particularly, it is those states like Washington and Colorado, some of the first jurisdictions in the U.S. to pass laws which allow marijuana recreational use, where binge drinking has become significantly less.

Most importantly is legalized cannabis use states, where men and women Twenty one and older can head into a dispensary and buy many different marijuana products, were likely to experience considerable less binge drinking than areas of where recreational marijuana use is still prohibited  Americans with lawful access to recreational cannabis tend to be choosing to shell out either all or some of the liquor spending budget on a substance which has been considered a much safer option.

DO I Need A DUI Defense Attorney?

The minute you saw those lights flashing, you possibly began kicking on your own for that beverage. Yet also after you have actually apologized, DUI cost is a glaring hassle on your long-lasting record.

The fine, which differs somewhat in between legal systems, can easily amount to $1,600 after featuring compulsory costs and analyses. A DUI charges will certainly suspend your license for numerous months at the very least, and years of probation.

Numerous states additionally call for DRUNK DRIVING institution or DUI courses that will certainly re-teach the hazards of consuming and driving. And relying on the court, extra needs might feature AA conferences, social work, and participation at "sufferer's panels." On top the fines and prison time, DUI record can easily keep you from obtaining an excellent task, deliver your insurance coverage premiums escalating and make you target for authorities when bars close.

While consequence is clearly on getting caught, however DUI regulation still enables you to unblock your report and make your past a bit more tasty for insurance providers and companies. In the majority of states, specialized DUI legal representatives can easily assist remove your record or also take out a plea and clear it totally.

The very first point to do is begin looking into neighborhood lawyers to locate one that focuses on DWI or DRUNK DRIVING situations. These specialized DUI legal lawyers have actually made a whole market around aiding individuals cleanse their reports. The most essential point is, seeing to it that the lawyer is accredited as a driver of breath examinations, approved as a fitness instructor for sobriety screening. Having these qualifications will certainly cover that your DUI lawyer will certainly have the ability to see any sort of errors made by cops, which will aid you bow out your fees, regardless of how long they have it on your record.

Some states, DRUNK DRIVING rules have regulations on removing reports. In The California, as an example, if you're offering a sentence or on probation, you cannot wage to remove a DUI record. However in various other
states, it's much simpler.

Whatever your case could be, all lawyers does is file a motion in court and you and your lawyer will certainly have to show to the court that it is the its best interest to take the DUI record off your long-lasting report. If the court approves your and your lawyer's reasoning after that, relying on the condition, you could possibly be based on diversionary courses or steering courses. The removing procedure will likely cost additional fines and lawyer costs, however in time, it suggests you will not be asked for added on insurance coverage or ever before fall short a background check.

Ohio Forced Blood Draws are Constitutional.

In Ohio, as opposed to most States, you do not have the choice of which one of these three tests (blood, breath or urine) you will take. The officer gets to pick the test(s) he offers you. The only choice you get to make is to agree to submit to the test or refuse the test.

In the past, if a motorist declined to provide a sample of blood, breath or urine, the accused driver’s license would automatically be suspended for declining, however there'd be no alcohol test to use as evidence against the motorist. Now the rules have changed just last year, when the Ohio legislature passed a law stating, if an individual with prior DUI / OVI convictions will not submit to a blood, breath or urine test, “the police officer who made the request may make use of whatever reasonable means are necessary to make sure that the individual submits to the required test of the individuals blood.

The law permitting forced blood tests has been recently considered by an Ohio court of appeals in a case where the individual was arrested for DUI / OVI along with prior convictions. The arresting police officer requested that the accused submit to a breathalyzer test, but the defendant declined, therefore the police officer took the defendant to the hospital for blood to be drawn. the defendant stated over and over again they didn't want their blood drawn as well as physically resisted any attempt to perform the procedure. The police officer restrained the defendants arm while the healthcare professional implanted the needle and drew the defendants blood. The trial court ruled that this blood test will be admissible at trial, thus the defendant plead guilty to OVI / DUI. and appealed to the District Court of Appeals.

Upon appeal, the defendant contended that the law permitting forced blood draws is unconstitutional because a forced blood draw happens to be an unreasonable search and seizure. The Court of Appeals found that the intrusion on an individual’s Fourth Amendment interests is outweighed by the promotion of the government’s genuine interest in public safety. Thus, the court came to the conclusion, any forced blood draw with these kinds of circumstances is constitutional.

An Individual with prior DUI / OVI convictions that refuses a breath, urine or blood alcohol test will be in a losing situation: there are going to be longer Administrative License Suspension for declining the test, and also the results of the blood test will be admissible at trial.

Drunk Driving Statistics

Drunk Driving Statistics

In America on average, nearly 12,000 people die every year in DUI-related accidents. 900,000 are arrested each year for DUI/DWI and a full 1/3 of those are repeat offenders. According to DrunkAndDriving.Org In Ohio alone 27 people out of 10,000 will be arrested for drunk Driving.90% of All Drunk Driving Happens After Drinking With Family, Friends, and Coworkers. There is almost always somebody around who could be part of the solution. Don't let drunk driving happen right in front of you.

DUI Accident Statistics

The National Highway Traffic Safety Administration found that in the year 2000, about 1400 automobile accidents involving fatalities had been caused by a driver with at least one other DUI or DWI conviction. This accounts for about 8.5% of all alcohol-involved automobile accidents where a fatality has occurred.

Any person who decides to drink alcohol and then get behind the wheel in the state of Ohio is just asking to be stopped by police and arrested for driving while intoxicated. To be considered as legally drunk, you must register a .08 or more on the breathalyzer. And, accident or not, the police can pull you over on a suspicion of DUI if you exhibit any signs of being under the influence while driving.