Implied Consent Refusal (Refusal to Submit to a Blood Alcohol Test)
NBC Interview of Brad Koffel: EMT's Drawing Blood from Motorists
Ohio law is written in such a manner that in order to be driving with a license in the state, you are giving "implied consent" to submit to blood or breath testing for blood alcohol concentration (BAC). If you refuse to submit to these tests, you face immediate penalties under the law. Any case of refusal requires immediate action by a Columbus DUI / OVI defense lawyer. Individuals may refuse the breath or blood test, but as soon as you have done so, you will face a 1 year driver's license suspension. If you have refused the test earlier (within 20 years) you will face a 2 year suspension. There are possibilities to defend such cases, depending upon the evidence and circumstances of the case. It is strongly advised that you contact Koffel Law Firm at once if you have refused the test.
Blood & Breath Tests
Breath or blood test refusals are an extremely dangerous legal situation and require the assistance of a DUI / OVI defense lawyer with experience in handling these matters. In some cases, it has been possible to appeal these cases based on other evidence in the case. For example, if the police stop was illegal in the first place, it could be an option to have the matter dismissed in an appeal. It is crucial that you get your case evaluated by a DUI defense lawyer from Koffel Law Firm in order to determine how to proceed with legal actions on your behalf.
In some cases, the individual was involved in an accident and when asked to take the breath test refused to do so, but was in shock and doesn't even remember refusing the test as the officer claims. In other cases, there were circumstances involved that resulted in the refusal such as there were no visible or discernable signs of intoxication in the police video of the arrest, and in these cases, it may be possible to defend the client based on the reasonable doubt that the individual was asked to take the test due to signs of intoxication, and a defense can be effective, as the jury can see that the individual was not acting intoxicated. Each case is unique, and what is critical is that you contact Koffel Law Firm immediately to begin the actions for your defense in a refusal case.
Contact a Columbus DUI Defense Attorney
from Koffel Law Firm if you have been arrested and charged with DUI after refusing the test.