Cincinnati Lawyer Attorney

Scott A. Rubenstein

Don’t drink and drive! With Uber and Lyft, there is really no excuse to get behind the wheel if you have had too much to drink. However, many of us, feel completely fine after a couple drinks and are able to drive. If you are pulled over and consent to test, you may test over the legal limit and find yourself with an OVI. We all make mistakes.

In Ohio, you can refuse to take a breath or chemical test.

Did the arresting officer:

  1. have reasonable and articulable grounds to believe you were operating your vehicle in violation of 4511.19.
  2. request you to submit to any test pursuant to section 4511.191
  3. advise you at the time of the arrest that if you refused to take any testing the officer could employ whatever reasonable means were necessary to ensure that you submitted to a chemical test
  4. inform you of the consequences of refusing to be tested or submitting to such tests
  5. test you to be over the legal limit.

There are many ways to fight OVI charges and even the results of BAC tests.  What is important is that you have the best criminal defense attorney that is versed in the law and the variety of defenses available to persons charged with OVI.

The Bottom Line:  The main thing to know is that you do not have to submit to breath tests, but that if you do, the results do not necessarily determine the outcome of your case.  Although a person can refuse to submit to a chemical test for alcohol or controlled substances, it is important to note a law enforcement officer may use whatever means necessary to make the person submit to a chemical test of their whole blood, blood serum or plasma. If you are convicted of OVI, the Judge may suspend your license.  With an aggressive criminal defense attorney and the best representation, it is still possible to have driving privileges throughout your court-ordered suspension.    Call me:  513.260.2099