If an Ohio law enforcement officer stops you for DUI (i.e., OVI in Ohio), it is crucial that you understand your legal rights. Exercising your legal rights can help with your defense of a DUI charge in Cincinnati, OH.
Our legal team is composed of skilled, highly experienced DUI and criminal defense lawyers. We have a former police officer and a former prosecutor on our legal team, which benefits you with insider experience. With over 100 years of combined legal experience, we can handle the most complex DUI cases.
Contact Suhre & Associates DUI and Criminal Defense Lawyers to schedule a free consultation with one of our Cincinnati DUI attorneys at (513) 333-0014.
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How Our DUI Attorneys Can Help With a DUI Charge
A strong defense to DUI charges begins with choosing an experienced Cincinnati DUI attorney.
When you hire one of our top-rated attorneys, you can trust we will:
- Investigate the circumstances of the traffic stop and your DUI arrest
- Review and analyze evidence to determine weaknesses in the state’s case
- Challenge the results of field sobriety tests and chemical tests for blood alcohol content
- Consult with expert witnesses, as necessary
- Develop a solid defense strategy based on the evidence
- Aggressive negotiate for a fair plea deal and prepare to try your DUI case in court if that is in your best interest
Call Suhre & Associates DUI and Criminal Defense Lawyers today to schedule a free case evaluation with one of our Cincinnati, Ohio attorneys. We will aggressively fight DUI charges to protect your legal rights and best interests.
Can I Refuse to Take a Field Sobriety Test in Ohio After a DUI Stop?
When a police officer stops you for suspicion of drunk driving, they will request that you take one or more field sobriety tests. The tests are designed to determine if you are driving under the influence of alcohol or drugs. The results of the field sobriety tests can give the officer probable cause for a DUI arrest.
Field sobriety tests include portable breathalyzer tests and physical tests. The physical tests are known as SFSTs (standardized field sobriety tests). They include the walk-and-turn test, horizontal gaze nystagmus (eye test), and one-leg stand.
Officers are trained to observe drivers as they complete the SFSTs to identify signs that the driver is intoxicated or impaired. Unfortunately, environmental conditions and health conditions can negatively impact the results of field sobriety testing. Factors that could affect how you perform on SFSTs include, but are not limited to whether:
- You are physically fatigued or mentally stressed
- The area where you take the test is very noisy
- Lights shining in your eyes from oncoming traffic
- The ground is uneven where you are taking the test
- You are not physically fit
- The officer does not provide clear or correct instructions for taking the tests
You can refuse to take field sobriety tests in Ohio. However, if you do so, there are consequences for your refusal.
What is Ohio’s Implied Consent Law?
The Ohio Implied Consent Law states that you agree to take a chemical test if you are arrested for DUI if you operate a vehicle in Ohio. Chemical tests include blood, breath, and urine tests. The arresting officer will choose which test to administer.
Until you are arrested for DUI, you can lawfully refuse any preliminary alcohol screening (PAS) test. That refusal includes roadside breathalyzers and field sobriety tests. However, an officer can still arrest you without field sobriety tests if they have probable cause to believe you are impaired by alcohol or drugs. A BAC is not legally required for you to be convicted and sentenced for DUI.
If you refuse a chemical test for BAC after a lawful DUI arrest, your driver’s license is immediately suspended. The suspension is called an Administrative License Suspension.
For a first-time refusal, you can lose your driving privileges for a full year, regardless of the outcome of your DUI case. You can fight an Administrative License Suspension, but you need to contact an attorney quickly to request a DMV hearing.
Should I Refuse a Field Sobriety Test for DUI in Ohio?
Whether you refuse a field sobriety test depends on the circumstances at the time of your DUI arrest. While you can refuse pre-arrest field sobriety tests without a penalty, it might not prevent you from being arrested for DUI. Refusing a post-arrest chemical test will result in immediate license suspension.
Whatever you choose, seeking legal advice from a DUI attorney as soon as possible is strongly encouraged.
Schedule a Free Consultation with a Cincinnati DUI Defense Attorney
If you are facing a DUI charge, call Suhre & Associates DUI and Criminal Defense Lawyers to schedule a free consultation with one of our Cincinnati DUI attorneys today. We would be honored to represent you and fight your DUI charge.
