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OVI / DUI: To Blow or Not to Blow

OVI / DUI: To Blow or Not to Blow

At parties and social events, people who know that I handle OVI / DUI cases often ask the question "do I submit to a breathalyzer?"

Often times, after an arrest, I get asked "should I have submitted to a breathalyzer?"

The answer is always the same: "it's complicated, and depends on the facts and circumstances."

Contrary to what some attorneys say, there is no black-or-white answer to the question. It is usually a fact specific question of if you should submit to a breathalyzer.

When evaluating if someone should have taken a breathalyzer, there are a number of factors that I like to consider, including:

* Why you were originally pulled over;

* Do you have any prior OVIs/DUIs;

* What were you doing in the hours before you were pulled over;

* What specifically did you have to drink (i.e. beer versus liquor);

* What is your alcohol tolerance;

* How did you perform in your field sobriety tests;

* What medications are you on; and

* Are there other factors, such as weather, road conditions or time of day, that may impact your ability to perform field sobriety tests properly.

Before making this decision, you need to be aware that the refusal to submit to a breathalyzer is grounds for an Administrative License Suspension under Ohio law. So while an offense of Operating a Vehicle Under the Law may be defeated in court, you may still have to face the penalties for the Administrative License Suspension (ALS).

If you or a loved one wants to discuss the facts and circumstances of your case, please do not hesitate contact VanHo Law at 330-653-8511. You can also contact us here.


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