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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 tests 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 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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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 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 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 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 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 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 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.

Cleveland Ohio DUI Arrest
We have a long record of successfully defending those who have been accused of a DUI offense in Cleveland, Ohio.  Call the Ohio DUI Guy at Quinn Legal Associates for more information.

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