View Single Post
Old 05-17-2014, 12:32 PM
  # 16 (permalink)  
LadyBlue0527
Mini Novel Post Writer
 
LadyBlue0527's Avatar
 
Join Date: Jun 2013
Location: Maine
Posts: 3,649
The officer telling you to not take the test left me scratching my head. If he arrested you for an OVI and then said this to you then you should really be seeking legal council. I looked up OVI laws in Ohio and this is what I found on the breathalyzer

It does not help you to refuse to take a blood, breath, or urine test when you are arrested in Ohio because an officer can use reasonable force to make you take one. Although the penalty for a first OVI in Ohio is high - you face up to three days in jail, a fine of at least $375, and your license will be suspended for any time between six months and three years – you may not be able to avoid these consequences by refusing a test. Even in the unlikely event that no test was possible, so the state does not have proof that your BAC was over .08%, you still could be found guilty of an OVI. In fact, the prosecution can use your refusal against you by arguing that you refused the test because you knew that you were intoxicated and guilty of OVI.

He arrested you for OVI and told you that you'd be better off not taking the test because you might blow over the limit? You could read the above and say that you didn't refuse but when you face the judge there's going to be absence of a breathalyzer exam. Do you think the arresting officer is going to say "Oh, that's ok judge, I told this person it was my opinion that they shouldn't"?

Have you called a lawyer yet?
LadyBlue0527 is offline