Refusing Breath Tests
If I refuse, Will I Lose My License?
If you refuse a breath or chemical test, the officer will usually immediately suspend your drivers license. But that does not mean that will be the status of your license throughout the case. By hiring the right DUI attorney, your lawyer can contest the suspension if filed timely on several theories.
First, your attorney may file a Motion to Appeal your Administrative License Suspension Pursuant to ORC 4511.197 which provides five reasons for an attorney to contest your suspension.
The scope of this appeal is to determine whether the arresting officer
(a) had reasonable and articulable grounds to believe the Defendant was operating her vehicle in violation of 4511.19,
(b) whether the arresting officer requested the Defendant to submit to any test pursuant to section 4511.191 of the Revised Code,
(c) whether the arresting officer advised the Defendant at the time of the arrest that if he/she refused to take a chemical test, the officer could employ whatever reasonable means were necessary to ensure the Defendant submitted to a chemical test,
(d) whether the arresting officer informed the Defendant of the consequences of refusing to be tested or submitting to such tests and
(e) whether the Defendant tested over the legal limit.
You will lose your license, at least temporarily, for refusing to take a test. But you will also lose your license for good if you fail the test.