Any time you are involved in a multi-party traffic accident, an OVI arrest is the least of your troubles. If you are suspected of drunk driving and someone was either injured or killed, taking and failing a chemical test of blood, breath or urine within 3 hours of the driving is an essential element of the offenses of Aggravated Vehicular Homicide, and Aggravated Vehicular Assault. Each of these offenses has mandatory prison as a sentence. The rules for challenge and exclusion of a positive chemical test are much narrower. It is not an issue if you do not submit. If there is an accident with injuries, and you were driving and drunk, don't blow, pee, or give blood for the cops. The downside of refusal is far less than the mandatory prison sentences.
You had way to much to drink and are really drunk
If you fail a breath, blood, or urine test given within 3 hours of driving, All the police have to do is prove you were driving and that you tested over the legal limit to convict of OVI. If you refuse the test or tests, the standard of proof is much greater. The state must prove that you has substantial alcohol induced impaired driving ability. If there are no chemical test as well as no or very little bad driving, guess what? The state may lose. In these cases they might be more inclined to reduce, lessen the severity, or even dismiss the charges.
If you have had no alcohol to drink, blow.
many times clients present themselves claiming they had nothing to drink. How can you prove this negative fact? Always agree to take a breath test. The breath testing machines in use in Ohio are specific for alcohol. If you are not drinking it should test zero. If you have been using drugs, blow. The breath test will read zero. Drugs can only be measured by blood or urine tests.
whether or not you give a breath, blood or urine sample, it is a good idea to have an independent test performed at a lab as soon as you are released from custody. If you refused, this test will show the lack, the presence, or the concentration of alcohol or drugs. If it does, it can be used to possibly challenge the accuracy of the state's test. If it shows nothing in your system, it can be used to as proof of innocence. If the State test is over the limit and the independent test is under, it can be used to press for reduced charges or penalties. Ohio law provides for an independent test.
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