Former Ohio State football star Maurice Clarett was arrested for drunk driving on Sunday, January 3, after a witness called 911 to report his erratic driving. When stopped by the police, he refused to perform sobriety tests. Then, as per Ohio law, he was taken to the nearest law enforcement facility with a breathalyzer, where he refused to take the test to determine his blood-alcohol content (BAC).
Should you blow in Ohio?
The answer isn’t an absolute “yes” or “no” in Ohio, but one thing is certain: refusing to take a breath test requested by police will result in at least a one-year license suspension, compared to 90 day minimum for those who agree to blow. Regardless of that increased penalty, Clarett may have thought he was protecting himself from even harsher penalties that could stem from a high BAC test result, such as an increased mandatory minimum jail sentence.
3 Things to remember
1. An OVI conviction can still be made without chemical test results.
2. A judge and jury will assume someone is over the legal limit if they refuse. This can impact decisions regarding sentencing and the possibility of eventual limited driving privileges.
3. A good OVI trial attorney may be able to challenge the reliability of a BAC test, helping the accused to avoid a range of penalties and even conviction.
If you or a loved one has been arrested for OVI and you have questions about the breathalyzer testing or other aspects of the charge, contact a knowledgeable attorney as soon as possible.