If you have been stopped for DUI, you may be wondering what rights you have and how to protect yourself. First of all, you should always reach out to a Toledo DUI defense attorney for advice right away. Choosing a lawyer who is familiar with DUI laws and the consequences of testing is essential.
At the Law Office of Lorin Zaner, we are knowledgeable and experienced in representing all different types of DUI cases including:
There are a number of field performance tests that law enforcement may administer. It is important that you do not take any of these tests. They are not really looking to determine if you are under the influence of alcohol, they are looking for evidence to use against you. If they believe the field tests support their conclusion that you are under the influence, they may arrest you.
You do not have to take these tests and, depending on the circumstances, there may be no consequence for your failure to do so. Though you may be considered uncooperative and arrested, they will likely arrest you anyway. It is your right to tell law enforcement officials that you would like to speak with a Toledo DUI lawyer or that your attorney has advised against doing these tests.
There may be times where you will have no choice as to whether or not to submit to tests. If you are unconscious, if you are transported for medical treatment, if the police obtain a search warrant, or if you refuse to cooperate, you could be facing an automatic felony.
Ohio law requires you to take a breath, blood, or urine test if you are arrested for a DUI. If you refuse to take a test, you could lose your right to drive and face a short suspension followed by possible limited occupational privileges. You will need to consider how much alcohol you consumed before submitting to taking the test. According to Ohio law, if you are lawfully arrrested and the law enforcement official has probable cause to believe you were driving under the influence, you automatically consent to take a chemical test to determine your BAC level.
Prior to this, you are allowed to refuse a breath test wihtout license suspension or other penalties. The preliminary breath test is to support probable cause for a DUI arrest.
Please call us now to set up a free case consultation with a Toledo DUI lawyer.