OVI Refusal in Steubenville
When a police officer suspects a driver of being intoxicated during a traffic stop, they are required to administer a breath, blood, or urine test. Prior to conducting the test, the officer must inform the driver of the consequences of refusing to comply. This is outlined in Ohio’s Revised Code, Section 4511.192(B), also known as the Implied Consent Statute.
If the driver refuses to take the chemical test, the officer will proceed with paperwork that notifies the Bureau of Motor Vehicles to suspend the driver’s license. It’s important to note that this administrative license suspension (ALS) doesn’t only apply to cases of driving under the influence. It also applies if a driver is found to be operating a vehicle with an excessive amount of controlled substances in their bloodstream.
Not Being Able to Take a Chemical Test Does Not Equal a Refusal
It is important to note that if a driver is unable to provide an adequate sample for the chemical test due to medical conditions or other factors, it does not automatically constitute a refusal.
The courts, including the federal Supreme Court, have dealt with numerous cases that have provided clarification on what can be considered a refusal or not.
If you find yourself accused of refusal, don’t panic. Instead, seek the assistance of an experienced Steubenville OH OVI lawyer. Sean Logue, a reputable Steubenville OH criminal lawyer, can provide expert guidance tailored to your case. With his expertise, he will present compelling evidence to the court, demonstrating that your inability to complete the chemical test was due to your condition and not a deliberate refusal.
Chemical Test Refusal Penalties in Steubenville, Ohio
If you refuse to submit to chemical testing in Ohio, you could face serious consequences. Here’s what drivers can expect if they find themselves in such situations:
- Installation of an ignition interlock device, with the driver responsible for the expenses.
- Completion of a court-approved driver intervention program.
- Jail time, varying from three days to a maximum of six months.
- Fines ranging from $375 to $1,075.
- Suspension of the driver’s license, which can last from six months to three years.
Driver intervention programs, usually conducted in hotels over a three-day weekend, aim to educate drivers about the potential consequences of alcohol and drug use to prevent future OVI law violations.
You Need Assistance to Fight a Refusal to Submit
Do you need help fighting a refusal to submit? Refusing chemical testing can lead to severe penalties, so it’s crucial to have a knowledgeable and experienced Steubenville OH criminal lawyer by your side. With a deep understanding of the law, court processes, and available defenses, they will be able to navigate your case effectively.
When facing accusations of operating a vehicle while intoxicated, you need a reputable Steubenville OH OVI lawyer who knows how to request vital records and build a compelling defense tailored to your unique situation. Regardless of the arresting authority or jurisdiction, Sean Logue has the expertise to handle it all. He is well-versed in the methods employed by prosecutors and police officers, and he stays up-to-date with the latest drunk driving laws and penalties.
Don’t wait any longer. Contact Sean Logue now for a free initial consultation at (330) 992-3036. He is available anytime to discuss your case and provide the assistance you need.
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