Facing a DUI charge can be a trying experience, not to mention the fear of potentially losing your driver’s license. It is essential to hire an Akron-based DUI attorney who can walk you through Ohio’s legal process.
An experienced OVI/DUI attorney can provide you with an understanding of your rights and help you explore the options available in the event of a DUI offense. Furthermore, professional guidance can offer you the best chance of avoiding or minimizing the consequences of such a conviction.
This article provides an in-depth analysis of managing license suspension threats and explains the strategic considerations surrounding your right to refuse sobriety tests and breathalyzers. By understanding the pros and cons of these decisions, you can make informed choices that may significantly impact the outcome of your case.
In Ohio, you have the right to refuse to perform field sobriety tests or to take a chemical test, like a breathalyzer. These tests are typically conducted by law enforcement officers during a traffic stop when they suspect a person may be driving a vehicle under the influence of alcohol or drugs. The voluntary standard field sobriety tests include:
- Walking in a straight line
- Standing on one leg
- Following a moving object with your eyes
While you have the right to refuse these tests, it’s important to note that refusing a breathalyzer or any sobriety tests used to measure blood alcohol concentration (BAC) can have legal consequences due to implied consent laws.
Implied consent laws stipulate that by driving a vehicle, you have implicitly agreed to undergo tests if suspected of impaired driving. Refusing these tests can lead to administrative penalties, such as suspension of your driver’s license.
Are Field Sobriety Tests Mandatory During Traffic Stops?
No, you generally have the right to refuse to perform field sobriety tests. Field sobriety tests are voluntary, and you are not legally obligated to participate. However, refusing these tests might result in the officer relying on other observations to establish probable cause for an arrest.
Decoding Standardized Field Sobriety Tests
The Standardized Field Sobriety Tests (SFSTs) used by the National Highway Traffic Safety Administration are:
- Horizontal Gaze Nystagmus (HGN): Track an object (often a pen or flashlight) with your eyes to detect involuntary jerking.
- Walk and Turn (WAT): Requires walking heel-to-toe along a straight line and turning as instructed.
- One-Leg Stand (OLS): Involves standing on one leg for a specified duration while maintaining balance.
These tests are commonly used by law enforcement officers during traffic stops to allegedly detect signs of impairment.
Portable Breath Test Options
At the scene, you may be asked to submit to a portable breath test. You have the right to refuse this test as any evidence obtained will be used against you. Portable breath tests are not admissible as evidence due to their unreliability.
Navigating Chemical Tests (Breathalyzer)
After an arrest, you may be asked to take a chemical test like a breathalyzer to measure your blood alcohol concentration (BAC). You have the right to refuse this test as any evidence obtained will be used against you. Refusing these tests after an arrest can lead to administrative penalties, including suspension of your driver’s license, but submitting to these tests can be incriminating for the case.
Protecting Your Driving Privileges
If you’re facing a DUI charge, you can take control of the situation and put yourself in the best possible situation to have a favorable outcome. By selecting an experienced DUI attorney in Akron.
At AJLJ Law, we genuinely care about you and your case and want to fight for you. We’ll take the time to explain the charges you’re facing as well as your next steps and options. You can trust us to be your advocates and fight for your rights every step of the way.
