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Ohio is an implied consent state. This means that as a condition of holding a driver's license in Ohio, drivers have given consent to the police to perform a breathalyzer or other chemical test if arrested for a DUI/OVI (R.C. §4511.191).
Taking it a step further, the statute enhances the penalties for a DUI if the driver refuses to submit to the chemical test. Before the law was changed, drivers who refused the breathalyzer only faced administrative penalties, but under what is currently on the books, they also now face increased criminal penalties as well. This makes a proper defense vital in fixing this difficult situation.
If you have either refused a breath test, or feel as though it was administered in an unfair manner, consulting with a criminal defense attorney to figure out your options has the potential to make all the difference in the outcome.
Brian Joslyn, of the Joslyn Law Firm, is a Columbus defense attorney who is well-versed on implied consent and breath test laws and protocol, making him an excellent choice to represent your during this difficult and stressful time. With a strict adherence to protecting the rights of all those he provides legal counsel for, Brian will do everything he can to make certain you are treated justly throughout the criminal process.
Call (614) 444-1900 or send an online message to discuss the details of your DUI or breath test related legal issue so that you can find the proper course of action and move on with your life. Brian proudly represents those accused of criminal acts in the central Ohio counties of Franklin, Delaware, Madison, Licking, Fairfield and Pickaway.
In the state of Ohio, law enforcement has two separate opportunities to give an alleged DUI offender a breath test. The first is a portable breathalyzer test, which is kept in the police cruiser and will most likely be administered during the initial stop. Although there is no obligation to take the test, a refusal will lead to arrest, but will also not allow for evidence to be used against you.
The second opportunity to test your alcohol levels comes if you are arrested and taken to the police station. This is where the more accurate standalone machine, the Intoxilyzer 8000 will be implemented. The arresting officer will read you Ohio Form 2255 and ask you to submit to a breath test. Again, there is no law that requires you to consent to this test, but a refusal will lead to an automatic suspension of your license for a year, pursuant to the Bureau of Motor Vehicles code. Furthermore, before making the decision to submit or refuse, you are afforded the right to speak with a criminal defense attorney.
A breath test can incriminate, and a breath test refusal can lead to additional penalties on top of whatever you are currently charged with. Although it seems like an added burden to refuse a test, it may keep you from having evidence stacked against you. Either way, speaking with an Ohio DUI attorney as soon as possible when presented with a situation where a breath test is required should allow you to approach this difficult situation in the correct manner.
The Joslyn Law Firm understands how stressful and problematic a scenario such as this can be, so working with them will ensure that your best interests are being looked out for, while providing excellent legal representation through the entire process.
To discuss your option in the form of a free and confidential consultation with Brian Joslyn, call (614) 444-1900 today. Brian represents those accuse of crimes in and around the Ohio cities of Powell, Dublin, Westerville, Reynoldsburg, New Albany, Mount Sterling, Newark, Heath, Johnstown, Baltimore, Circleville and New Holland, among others.