Should I take the test or not?
If you are arrested for drunk driving, the officer will ask you to submit to a test to determine the amount of alcohol in your system. Most officers will ask you to submit to a breath test. If the officers suspect you may be under the influence of drugs you will be asked to provide a urine sample. If there is an accident and you are taken to the hospital the officers will ask the hospital personnel to take a sample of your blood for testing.
In most instances, you have a right to refuse this test. However, if you refuse the test your license will be placed under an Administrative License Suspension for one year for the first refusal. The length of this suspension increases with the number of prior refusals on your record. An OVI lawyer can get driving privileges for you during this period.
The officers are required to read form 2255 to you. This form explains the various consequences of refusing to take the test. Unfortunately, most people are intimidated by the police and submit to the test. Officers want the test results since this is a valuable peace of evidence the prosecutor will use to convict offender.
If you find yourself in a situation where you are being investigated for driving under the influence, you should immediately contact a criminal defense attorney. The best time to talk with criminal attorney is at the time of your arrest before you have taken any tests, including the field sobriety tests administered at the time of the stop.
An experienced Ohio OVI attorney can advise you whether you should submit to the tests, and whether you should make any statements to the officer. In most cases, the officer is going to error on the side of arresting a person suspected of drunk driving. By refusing to take the field sobriety tests and answering questions, which are intended to incriminate you, you make it more difficult for the prosecutor to convict you.
There is no penalty for refusing to take the field sobriety test or refusing to answer the officer’s questions. The only thing you must provide is your driver’s license, proof of insurance, and registration for the vehicle.
A conviction for driving under the influence has serious consequences including jail time, substantial fines, points on your license, suspension of your driving privileges and possible cancellation of your insurance and loss of job.
The best advice is to contact an experienced DUI attorney in Ohio immediately if you are suspected or have been arrested for driving under the influence of alcohol.
January 19th, 2010 - 07:06
In Pennsylvania, the unfortunate answer to this question is usually “Yes.” If you refuse, your license will be suspended and the burden rests on you to appeal the suspension and prove that the officer did not have sufficient grounds to request the test. This is often difficult, and you can end up having your license suspended even if you are acquitted of the DUI charges in criminal court.