DUI Refusal to Submit
It is a common misunderstanding that refusing to submit to a BAC or other chemical test is a driver's right, and therefore doesn't come with any consequences. However, if a law enforcement officer believes you to be impaired while driving or being in physical control of a vehicle and requests you to submit to a test and you refuse, there could be serious consequences. Ohio is an implied consent state, which means that just by driving or being in physical control of a vehicle you are consenting to be tested for alcohol and/or drugs when an officer suspects OVI. Refusal to submit can be a sensitive issue – an experienced Montgomery County DUI defense lawyer will fight to protect your rights and for a more favorable outcome.
Dayton Refusal to Submit Attorney
The legal team at Joslyn Law Firm has the DUI prosecution experience and specialized BAC test training necessary to get beyond any trumped-up charges to the case that the prosecution really has against you. If you have been charged with OVI refusal to submit in Montgomery County, Miami County, Clark County, Greene County, or the surrounding areas you don't have to accept the penalties under Ohio's implied consent law. Contact the experienced DUI defense attorneys at Joslyn Law Firm to schedule your free consultation. Call (937) 356-3969 today.
Legal Requirements for Dayton BAC Test Refusal Charge
When it comes to a DUI stop and an individual's subsequent refusal, the officer must follow several procedures or risk a motion to suppress evidence in court due to a violation of the alleged offender's rights. Additionally, all aspects of the stop must hold up in any appeal of the subsequent refusal to submit administrative license suspension. These requirements are:
- Stop must be reasonable
- Arrest must be reasonable
- Test was requested based on reasonable belief that individual was actually under the influence
- Officer actually requested that alleged offender submit to test
- Officer informed alleged offender of consequences to refusal to test
The last requirement is an important one, yet cases occur when the defendant was unaware of the implied consent law or the ramifications of refusal because the arresting officer did not inform him or her of the consequences. An experienced Dayton DUI defense attorney will be able to review the evidence in your case and determine if any of the above requirements were not executed, thereby increasing your chances for a favorable outcome.
Refusal to Submit as a Criminal Offense in Montgomery County
Because of the implied consent law, it is a criminal offense to refuse to submit to chemical testing within 20 years of a guilty adjudication for DUI. Additionally, in this situation a law enforcement officer is given the right to exert any reasonable force in order to make you to submit to chemical testing. If you have a prior conviction for OVI and you refuse to submit to a BAC or other chemical test after being informed of the consequences, you face a first-degree misdemeanor for refusal in addition to any other DUI charges that arise from your arrest. The consequences for a misdemeanor refusal to submit are :
- 3 days – 6 months in jail, first three days are consecutive and mandatory
- $375 - $1075 fine
- 3 days of driver's intervention program or 6 consecutive days in jail
- 6 months – 3 years of Class 5 driver's license suspension
- Installation of ignition interlock device
Administrative License Suspension as Dayton Civil Consequence for Refusal
Upon your refusal to submit to a chemical test of your blood, breath, or urine in a stop involving suspicion of OVI, your license will be administratively suspended. This license suspension is handled independently of criminal procedure by the BMV, and will only be lifted upon a successful appeal or a guilty adjudication. The suspension lengths are as follows:
- First refusal – one year
- Second refusal – two years
- Third refusal – three years
- Fourth or subsequent refusal – five years
Refusals are only considered second or subsequent if there has been a prior refusal or DUI conviction in the last six years. No matter how many years of suspension you are facing, you have 30 days from your first DUI appearance to make an appeal.
Joslyn Law Firm | DUI Refusal Lawyer in Montgomery County
If you've been charged with refusal to submit in Dayton or the surrounding areas, including Huber Heights, Troy, Piqua, Springfield, Beavercreek, and Fairborn, contact the experienced DUI refusal team at Joslyn Law Firm. They will use any means necessary to fight for a reduction or dismissal of your case. Your first consultation is free, so call (937) 356-3969 to schedule yours today.