Legal Question in DUI Law in Ohio

Charged with OMVI, didnt take a sobriety or breathlizer test.

I was pulled over for driving without headlights. The officer says I had no headlights and smelled like alcohol. I refused to take a sobriety test, and told them to just take me to the station so I could talk to an attorney, or any other witness on my behalf. At the station I didnt take a breathalizer, and would not sign the refusal until I had a witness. They proceeded to write refussed on the form. My reason for not incrimating myself was that I wanted to talk to an attorney because I am pursuing to become a CPA, and was not sure of the ethical backround check.

According to my lawyer I was never placed under arrest, and no forms were filed that says the officer arrested me.

On the citation, the officer mispelled my name and put down the wrong color of my vehicle, I also did not sign my citation. The citation also states the conditions were normal, at night, however, it doesnt state that the location I was stopped was a highly lighted construction zone. My counsel sent me a copy of the police report and it says that I smelled like alcohol and had read eyes. Later in the report it states that the subject refused to take a horizonal gaze test.

Any advice is greatly appreciated.

1 Answer from Attorneys

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