Ohio OVI attorney Brian Joslyn explains refusing a breathalyzer test in Ohio DUI / OVI cases and the ramifications for a person’s driver’s license. Joslyn Criminal Defense Law Firm is experienced in defending people accused of OVI offenses in Ohio. If you have been accused of a crime or arrested in Ohio, please call (614) 444-1900 to schedule a free initial consultation to discuss your case.
After performing field sobriety tests, it’s not uncommon for officers to perform additional tests. Most commonly, a breathalyzer. And this can either be done at the scene, or at the police department. You do not have to take this breathalyzer. However, there are some immediate consequences if you do refuse a test, and those include the immediate license suspension. And this is a common trick that I believe that officers use on the scene, when they say, “if you don’t blow into this, you’re going to lose your license”.but what they don’t tell you, is that if you blow into this and you blow over the legal limit, you also lose your license. That is why I tell people regardless of the consequence of license suspension upon refusal, I still would advise that you should refuse. Better yet, I think it’s an even better option to say, “I’m not refusing, but I’d like to speak with an attorney first. Because there is some argument at that point that you didn’t necessarily refuse the test, you asked for legal counsel, and want advisement before deciding. Now they will mark you down as a refusal if you do that. But there are some later arguments that can be made in court that might be beneficial if you make that answer.