DUI is all about evidence… if you do not give the po po evidence, you stand a great chance in not getting convicted on a DUI. If a police officer asks you “have you been drinking tonight?” You say “officer before I say or do anything, I want to talk to Steve Adams.” Have you given them evidence? No! Have you admitted to anything? No! They won’t have any evidence against you. This applies for Ohio and Kentucky residents and/or suspects only.
Don’t get spooked by the po po! Say no no to the po po!
In Kentucky, for a multiple offender within a 5 year period, refusing the breath test can be an aggravated factor for sentencing purposes. If you refuse the test AND get convicted of a DUI, then there is additional mandatory minimum jail time impositions.
In Ohio, for a multiple offender within a 20 year period, penalties become harsher if you refuse the breath test. Including but not limited to additional mandatory minimum jail time impositions. Our team can help you learn more about penalites.
Legislatures impose these penalties to scare you into taking the breath test or other chemical tests. They understand that people can be acquitted or be found not guilty for a DUI if there is no breath test or chemical test evidence. However, it becomes much more difficult to defend your case if you do take a breath test or chemical test. Because the Ohio Supreme Court limits the way defense attorneys can attack the science behind breath testing, urine testing, and blood testing. If you do not take the breath test (or other chemical tests), the government does not have that evidence to work in their favor. Thus, you have a better chance of prevailing without chemical test evidence. Most likely, you will then be challenging the police officer’s opinion only. What good is their opinion without evidence? Also, your license will be suspended if you DO refuse the breath test. You can appeal that suspension. However, your license will be suspended if you blow at or over .08.
If you do not want a DUI on your record, and you want to be found not guilty (acquitted) then you may have to endure a longer license suspension for refusing the breath test or chemical test. Remember you can appeal these refusal suspensions by alleging the police did not have reasonable grounds or probable cause to make the arrest in the first place.