How should I plead in a first time OVI case if I refused the breathalizer test?

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How should I plead in a first time OVI case if I refused the breathalizer test?

I do not have any criminal history. My last traffic violation was 7 years ago for speeding. I had insurance and valid license at the time of this incident. Can I appeal the ALS suspension on my license when I go to court for my initial hearing? Can I get driving priviledges? If I plea no contest will the ALS suspension for a year be terminated immediately?

Asked on June 19, 2012 under Criminal Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of all states in this countty, if one who is driving a motor vehicle is pulled over by law enforcement on suspected driving under the influence of alcohol or a controlled substance, is asked to take a blood alcohol test and refuses, that person's driving privilege are automatically suspended by the department of motor vehicles in the state who issued the driver's license.

With respect to your plea at your arraignment, I suggest that you consult first with a criminal defense attorney to go over your defense strategies. If you plead "no contest" your suspension of your driver's license will remain as it is for the full term per statute.


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