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Defending Those Charged With Implied Consent Violations in Cleveland, Ohio.
Breath Test
In the state of Ohio, there is an implied consent law. This means that by having the privilege of possessing a driver’s license in Ohio, motorists consent to police officers administering a breathalyzer and other chemical tests if they are charged with an OVI or DUI in the state of Ohio.
The statute adds penalties for a DUI / OVI if the motorist refuses to undergo the chemical test. Prior to the law being changed, drivers who refused the breathalyzer only dealt with administrative penalties, but under what is currently on the books, they also now face increased criminal penalties as well. This makes a proper defense critical to correcting this difficult situation.
For those who feel the test was administered in an unfair manner or just flat-out refused a breath test, seeking the advice of a Cleveland, OH, DUI lawyer to determine your choices can make a significant difference in the chances of a successful outcome in your DUI case.
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Sometimes, early legal intervention can help reduce penalties, preserve your record or improve the overall outcome of your case.
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A breathalyzer test is the most common means of testing used by police. Breath testing is performed using a breathalyzer machine. If your breath-alcohol level is at least eight hundredths (.08) of one gram by weight of alcohol, you’ll be arrested and charged with an implied consent violation. If your breath-alcohol level is under (.08) of breath-alcohol, you won’t be arrested and charged with implied consent violation, but you can still be charged with a DUI whenever there’s additional sufficient proof that you were driving a motor vehicle while under the influence..
In the State of Ohio, there are two ways that a police officer can administer the test. One way is by using a portable breathalyzer test machine that’s located in the police car and is usually used at the initial stop. While there is no requirement to accept the test, rejecting it can result in arrest. It will likewise prevent the police from using any possible incriminating evidence against you. The second way law enforcement administers the test is after the arrest at the police station. Once again, there aren’t any legal requirements that will require one to consent to this particular test; however, a rejection can result in the automatic revocation of one’s driver’s license for one year. Furthermore, prior to deciding to submit or reject, you’re provided with the legal right to consult a DUI defense lawyer.
Fight Your Ohio DUI Charge Contact a Skilled Cleveland, OH, OVI Defense Attorney Today!
Call (440) 516-3800 or send an online message through our contact form by clicking on the Contact Us button at the bottom of this page to schedule a free consultation to discuss the details of your DUI charge with an experienced Ohio DUI / OVI attorney so that you can find the proper course of action and protect your future.
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