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What If I Refuse to Take a DUI Test?

Posted On: March 15th, 2016 by Bradley J. Groene

When you are pulled over for a suspected DUI incident in Ohio, a police officer may ask you to take a breath, blood, or urine test. In that moment, your mind is probably racing with questions. Even if you are not intoxicated, you may be afraid of potential consequences. Are you even required to take a DUI test? What happens if you refuse? Can you be arrested? An experienced Ohio DUI defense lawyer can help you answer these questions.

What is Implied Consent?

Typically, a law enforcement officer will need to have probable cause that you were driving under the influence to issue an arrest. Examples of probable cause may include:

  • Reckless driving
  • Slurred speech
  • Glassy eyes
  • Unresponsiveness
  • Failure to pass a roadside field sobriety test
  • Failure to pass a preliminary breath test

Under Ohio’s implied consent law, once arrested, you must submit to a DUI test within two hours of being pulled over for operating a vehicle impaired. A chemical test will be administered to determine the level of alcohol, controlled substance, or combination content in your body. If you are arrested for a DUI/OVI charge, you can be required to take the following types of DUI tests:

  • Evidential breath test: Different than handheld Breathalyzers, evidential testing is performed through an actual machine. If results show that your BAC level is above the 0.08 percent limit, you can be convicted of a DUI.
  • Blood test: If you refuse a breath test, the arresting officer can potentially retain a search warrant to compel a blood sample. A blood sample must be retrieved within three hours of the alleged incident.
  • Urine test: Urine tests are commonly used to assess a drugged driving situation. Samples must be collected in the presence of a witness, and be analyzed by trained professionals.

Some drivers will naturally feel hesitant to take any type of assessment. However, by refusing to undergo mandatory testing, you can lose your license, and face penalties such as:

  • One year license suspension for a first-time offense.
  • Two or more years of license suspension for a multiple time offense within six years.
  • Fines to retrieve your license after end of the suspension term

Getting Help from Cincinnati DUI Lawyers

In general, it is not recommended to decline a DUI test because you can still be compelled to provide other evidentiary samples. However, test results are not always 100 percent accurate. When samples become tainted, or certain procedures are overlooked, your case can be compromised. An experienced Ohio DUI defense lawyer may be able get inconclusive test results thrown out in court, and help to reduce or reverse your charges.

If you have been arrested on a DUI charge in the Cincinnati area, do not immediately panic. Contact Brad Groene, a knowledgeable Ohio DUI defense lawyer from Luftman, Heck & Associates, to figure out the next logical step. He will be able to answer your legal questions, and prepare a strong defense. Call (513) 338-1890 today to schedule your free case consultation.



★★★★★
Bradley Groene made an exceptionally difficult situation much easier to handle. He kept me informed of everything that was going to happen and got results for my case far better than I could have hoped for. I would highly recommend him for anyone who finds themselves in legal troubles.