if you get a refusal what are you charged with and what should be your next step .. and can you fight this or is it a waste of time to fight it?

Get Legal Help Today

 Secured with SHA-256 Encryption

if you get a refusal what are you charged with and what should be your next step .. and can you fight this or is it a waste of time to fight it?

Asked on May 24, 2009 under Criminal Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the "refusal" had to do with a medical condition of some sort you may have a valid reason for not taking it.  Otherwise under Ohio DUI law, a person suspected of DUI may refuse to take a breath test; however, that breath test refusal results in an automatic one year suspension of driving privileges.

In addition to being a DMV case, this is a criminal matter and should be treated by you as such.  Your best bet is to get an attorney to represent you. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption