The cops pulling you over because they suspect you’re under the influence can ruin your night. Any negative feelings you have might grow worse if a police officer asks you to take a breathalyzer test.
Ohio law states that drivers must submit to chemical tests when suspected of operating a vehicle while impaired (OVI). But you do have certain rights during an OVI stop. Knowing your rights and the possible outcomes can help you make smart choices in this tough situation.
Your rights during an OVI stop
You have specific rights when an officer stops you for suspected drunk driving. These protect you and ensure fair treatment, including:
- Right to remain silent: You do not have to tell the police about your drinking or activities.
- Turning down field sobriety tests: You can say no to physical tests like walking a straight line or a one leg stand.
- Right to contact an attorney: You can ask to talk with a lawyer before deciding on a chemical test.
Keep in mind that using these rights might not prevent an arrest. An officer can still detain you if they think you are drunk based on their observations, including slurred speech or alcohol smell.
Consequences of refusing a breathalyzer test
Refusing a breathalyzer test in Ohio can have serious downsides. By driving on Ohio roads, you’ve already agreed to taking a chemical test under the implied consent law, so turning one down could result in the following:
- License suspension: Authorities may suspend your license for one year for a first refusal.
- Court evidence: Prosecutors can use your refusal against you in court.
- Tougher penalties: If found guilty of OVI, you might face harsher punishments for refusing.
Saying no to a breathalyzer does not mean the law won’t convict you of an OVI. Prosecutors can use other evidence, like the officer’s observations, to build a case against you.
Understanding your rights during an OVI stop and the effects of refusing a breathalyzer can help you handle an OVI stop. But each situation is different. If you’re facing an OVI charge, talking to a lawyer can give you valuable guidance through this challenging ordeal.