I was parked at a stop sign waiting for directions from a friend and I fell asleep when the officer arrested me i asked for a breathalyzer but he never gave me one, then at the station they asked me to pee I was half asleep and said no then they said I would lose my license for a year so i ask to take it and they said no i already refused
Yes. You can be charged with an OVI whether you gave a urine sample or not. Under the Ohio statute you can be found guilty of OVI whether the State can prove the toxicology or not if they can prove you are under the influence of alcohol. Typically the officer sites his observations that the driver had slurred speech, red eyes, and odor of alcohol on his person. There are many defenses to an OVI that can be asserted and the penalties for OVI are severe and the stigma is lasting, so I suggest you invest in a DUI lawyer to see whether any defenses apply to your case.
You can reach Martin D. Koop at (419) 939-3884 or [email protected] Martin Koop is an attorney licensed to practice in the State of Ohio. Answering your questions does not create an attorney-client relationship between anybody and Martin D. Koop. You should speak with an attorney to whom you have provided all the facts in your case, before you take any actions or make any choices that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have formally hired me. I wish you the best of luck with your legal matter.
There are multiple OVI offenses. The basic one is being impaired. It is proven by the state proving that the officer's opinion that you were impaired because of alcohol odor, slurred speech, bloodshot eyes and any uncoordinated actions observed. The other offenses deal with prohibited alcohol or drug levels in your blood or urine. There are cases that say that you can withdraw a refusal in a short period of time. It would be very well worth your while to hire a good OVI attorney to review all of the facts and law applicable to your case and try to get rid of the refusal by appealing it and then attacking the officer's other observations as being caused by something other than alcohol or drugs.
Yes, you still be charged. What's more, you could be convicted. The police don't need scientific evidence to convicted. You should get a lawyer as soon as possible, especially if you have a history.
Answers provided by attorney Matt Williams to questions on Avvo DO NOT form an attorney client relationship. Mr. Williams is available to represent persons charged with crimes in Ohio for a fee. Only after Mr. Williams is retained, or agrees to discuss a matter privately, shall Mr. Williams be deemed your attorney. Mr. Williams answers questions on Avvo only to provide general advice based upon the limited information in the question.
Yes. A person is charged with OVI based upon the officer's opinion that the person was under the influence at the time they operated the vehicle. If they submit to a breath, blood or urine test and the test is above the legal limit, then they can be charged with a second "per se" charge of OVI (for the positive test). Since you "refused" the test, you are now only charged with 1 count of OVI and have signifcantly limited the evidence against you (assuming of course that the urine test would have had a positive result for alcohol and/or drugs). Now, you need to hire an OVI attorney to handle the OVI charge, the "refusal"/Administrative License Suspension and to obtain driving privileges (or a stay of the ALS) for you.
Yes, you surely can be charged with an OVI...And under your hypo...You ACTUALLY are probably in PRETTY GOOD SHAPE! But, ONLY IF: YOU GET A GOOD OVI ATTORNEY!
Mark A. Deters, Esq.
The Deters Law Group
2011 S. Lakeman Drive
Bellbrook, Ohio 45305
937-434-7100 - Office
419-466-8925 - Cell
937-434-4155 - Fax
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