Implied Consent in New Castle

If you’re arrested for driving under the influence (DUI), the police officer will likely ask for a breath, blood, or urine sample to measure your blood alcohol concentration (BAC). Under Ohio law, by the simple act of driving within the state, you have already given “implied consent” to these chemical tests. Should you refuse, the Bureau of Motor Vehicles (BMV) will immediately suspend your driver’s license through an Administrative License Suspension (ALS).

Ohio Revised Code Section 4511.191 details what legally constitutes a refusal to submit to a chemical test. For a refusal to be valid, the arresting officer must follow the law’s procedures precisely. The law also establishes that when you accepted your driver’s license, you agreed to undergo these tests. A skilled New Castle criminal lawyer from Youngstown Criminal Law Group can examine whether the officer followed the proper protocol in your case.

When an officer pulls you over for DUI, they are required to read you the implied consent warning as stated in the law. They will then ask for your consent. Your response—yes or no—will determine the next steps in the process.

Beyond the automatic license suspension (ALS), there are criminal consequences for refusing a chemical test. A prosecutor can argue in court that your refusal is evidence of guilt. They may suggest you knew the test would show your BAC was over the legal limit, and that is why you declined. This is a point that a New Castle DUI lawyer can challenge.

I’ve Refused to Submit Once Before… What Now?

Ohio law specifies that if you refuse chemical testing after a DUI arrest, and you have a prior conviction for a similar refusal within the last 20 years, you could face additional charges. This is outlined in the Ohio Revised Code Section 4511.19(A)(2). These enhanced penalties underscore the importance of understanding your rights and the potential consequences of a refusal. It’s wise to consult with a New Castle criminal lawyer to navigate these complexities.

Defenses for Refusal to Submit

While you have the right to refuse chemical testing, it is generally not advisable, and your New Castle DUI lawyer will likely discourage it. However, if you have already refused, there may still be a path forward.

There are several scenarios where a police officer might mistakenly believe a suspect has refused a test when that isn’t the case. Here are some examples:

• A person with a respiratory condition like COPD or asthma may be physically unable to provide a sufficient breath sample for a breathalyzer.
• An individual with hearing loss might not have understood the officer’s instructions clearly.
• Someone whose native language is not English may not comprehend what is being asked of them.
• A person with a speech impediment could agree to the test, but the officer may misinterpret their response as a refusal.
• An individual with a neurological disorder or learning disability might not understand the officer’s commands, leading to anxiety or agitation that is mistaken for non-compliance.

It is also crucial to remember that the arresting officer must follow the law’s procedural requirements exactly. Any deviation or error during your arrest could invalidate the claim that you refused to submit to chemical testing.

Mistakes can happen. An officer’s belief that you refused a test does not make it a fact. A well-trained New Castle criminal lawyer like Sean Logue understands the nuances that can make a situation appear like a refusal when it is not. With over a decade of experience defending clients against all facets of DUI law, he knows what to look for.

If you retain Sean Logue, he will listen to your account of the arrest and the supposed refusal, meticulously review the evidence, and develop a strategic defense plan. He will know if the charges against you can be refuted and how to do it. Call him today at (330) 992-3036 for free consultation.