if you get a refusal what are you charged with and what should be your next step .. and can you fight this or is it a waste of time to fight it?
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if you get a refusal what are you charged with and what should be your next step .. and can you fight this or is it a waste of time to fight it?
Asked on May 24, 2009 under Criminal Law, Ohio
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
If the "refusal" had to do with a medical condition of some sort you may have a valid reason for not taking it. Otherwise under Ohio DUI law, a person suspected of DUI may refuse to take a breath test; however, that breath test refusal results in an automatic one year suspension of driving privileges.
In addition to being a DMV case, this is a criminal matter and should be treated by you as such. Your best bet is to get an attorney to represent you.
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