Implied Consent in Steubenville
As an experienced Steubenville OH criminal lawyer, it is crucial to understand the concept of implied consent when it comes to OVI (Operating a Vehicle while Intoxicated) cases. When arrested for driving under the influence, the officer will likely request breath, blood, or urine tests to determine alcohol consumption. Ohio law states that by operating a vehicle within the state, you have already given consent to these tests. Refusing to comply will result in an automatic license suspension, known as Administrative License Suspension (ALS).
To be considered a valid refusal, the arresting officer must adhere strictly to the requirements outlined in Ohio Revised Code Section 4511.191. It is important to note that by accepting your driver’s license, you have already agreed to these tests.
During an OVI stop, the arresting officer is obligated to provide you with the implied consent warning as required by law. You will then be asked to either consent or refuse, which will determine the subsequent actions.
In addition to the potential ALS consequences, refusing chemical testing can also lead to criminal penalties. Prosecutors may use your refusal as evidence of your awareness of OVI guilt and the likelihood of a BAC (Blood Alcohol Content) over the legal limit.
I’ve Refused to Submit Once Before… What Now?
If you have previously refused chemical testing, the law stipulates that a second refusal within 20 years, with prior convictions, may result in additional charges (as stated in Ohio Revised Code Section 4511.19(A)(2)).
Understanding the concept of implied consent and its implications is essential in handling OVI cases in Steubenville OH. By making informed decisions, you can protect your rights.
If you need assistance with your case, don’t hesitate to reach out to a knowledgeable Steubenville OH OVI lawyer who can guide you through the legal process and help protect your interests.
Defenses for Refusal to Submit
It is well within your rights to refuse chemical testing; however, it is strongly advised against, and your Steubenville OH OVI lawyer will discourage you from doing so. Despite this, there is still hope if you choose to exercise this right.
There are several factors that may lead a police officer to mistakenly perceive a refusal. For example, individuals with COPD or asthma may struggle to take deep breaths required for a breath test machine. Similarly, those with hearing impairments, limited English proficiency, speech impediments, neurological disorders, or learning disabilities might encounter difficulties understanding the officer’s instructions, unintentionally giving the impression of refusal.
It is important to remember that law enforcement officers must strictly adhere to the law without making errors. It is plausible that they may have overlooked something during your arrest that would invalidate their conclusion of your refusal.
Regardless of the circumstances, mistakes can be made. Merely because the police perceive your submission as a refusal does not necessarily mean it is so. A highly skilled Steubenville OH criminal lawyer, like Sean Logue, is well-versed in recognizing the various scenarios where a submission might be mistaken for a refusal. With over a decade of experience in defending clients across all aspects of OVI law, Sean Logue is the lawyer you can trust.
When you choose to hire Sean Logue, he will attentively listen to your side of the arrest and alleged refusal, thoroughly examine the evidence against you, and devise a robust defense strategy. He possesses the knowledge to effectively challenge the charges brought against you. Contact him today at (330) 992-3036 for the guidance you need.
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