Breathalyzer Tests

Defending Those Charged With Implied Consent Violation's in Cleveland Ohio.

Breath Test

In the State of Ohio their is an implied consent law. Which means that by having the privilege to possess a driver's license in Ohio, motorists shall give consent to police officers to do a breathalyzer as well as other chemical test if charged with a OVI /DUI in the state of Ohio.

The statute adds to the penalties for a DUI / OVI if the motorist won't 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 in correcting this difficult situation.

For those who feel the test was administered in an unfair method or just flat out refused a breath test, seeking the advice of Cleveland, OH DUI lawyer to determine your choices can make a significant difference in the chances of a successful outcome in your DUI case.

Skilled Ohio DUI Defense Lawyers Located in Cleveland, OH Who Cares About Your Future

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 breath-alcohol, you'll be arrested and charged with a 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 their is two ways that the police officer can administer the test one way is by the use of a a portable breathalyzer test machine, that's located in the police car and is used usually in the initial stop. While there is no requirement to accept the test, rejecting to do so can result in arrest, It will likewise not permit possible incriminating evidence to be used against you. The second way law enforcement administer the test is after the arrest at the police station Once again, there isn't any legal requirements that will require one to consent to this particular test, however a rejection can result in automatic revocation of one's drivers license for one year. Furthermore, prior to making the decision to submit or reject, you're provided with the legal right to consult with a DUI defense lawyer.

Fight Your Ohio DUI / OVI Charge Contact a Skilled Cleveland OH DUI / OVI Defense Attorney Today!

Call (440) 513-3800 or send an online message through our contact form located on the right had side of your screen to discuss the details of your DUI charge or breath test related legal issue so that you can find the proper course of action and protect your future.

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