Legal Question in Criminal Law in Ohio

Crime for not taking Breathalyser

I was stopped for a suspected DUI this past weekend and was arrested and taken to the police station. I was asked to take a breath test and refused. The police charged me with a DUI and with a crime for refusing to take the breath test. Can they do that? Also, they never told me that they would charge me with a crime, they simply said that my driver's license would be suspended if I refused to blow.


Asked on 2/07/06, 1:19 pm

2 Answers from Attorneys
Joseph Jacobs Jacobs & Lowder

Re: Crime for not taking Breathalyser

We are at the very beginning of statutes like this. You certainly have an argument to avoid conviction on the second offense. If you feel like you passed the field sobriety tests, you should contest the entire arrest. The separate crime is very new. I didn't even know it had passed, so it is certainly ripe to contest on constitutional grounds.

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Answered on 2/07/06, 3:58 pm
David Drew David P. Drew, Esq.

Re: Crime for not taking Breathalyser

Yes, under the revised law last year, you can be charged with a crime if you refused to blow and have a prior DUI conviction. They do however, must inform you of the possibility of being charged with a crime if you refused to blow. They must inform you in writing.

For more information, please give me a call.

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Answered on 2/07/06, 7:39 pm


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