After receiving strong negative feedback, the Clark County Sheriff’s Office has announced that it will not participate in another “no refusal” OVI checkpoint. A “no refusal” checkpoint is a checkpoint at which prosecutors, magistrates, and nurses are available to obtain a warrant and conduct a blood draw on motorists suspected of driving under the influence who refuse a breathalyzer test. The previous OVI checkpoint drew protesters from around the state who warned drivers of the approaching checkpoint. It was discovered that the idea for the “no refusal” checkpoint came from the prosecutor’s office, which heard of the idea from a training seminar.
What Can an Officer Do if I Refuse?
Some Dayton motorists may feel that they can escape an OVI charge by simply refusing the officer’s request for testing. This is generally not advisable for several reasons. First, the officer can still arrest you for – and you can still be convicted of – OVI even without breath test results, especially if you exhibited symptoms of impairment like slurred speech, bloodshot eyes, poor coordination, and admitting to drinking. If you performed poorly on field sobriety tests, this too can be used by the prosecutor to argue you were too impaired to drive.
Second, depending on your criminal history, your decision to refuse the officer’s request that you complete testing can be punished as a separate crime. Depending on the evidence in your particular case, you can find yourself convicted of not only OVI but also refusal to complete the officer’s testing. This would (obviously) result in more penalties and consequences for the driver.
Finally, even if you choose to refuse an officer’s request for breath testing (for instance), the officer can apply for a search warrant for a sample for your blood. Thus, a driver’s efforts at frustrating the officer’s investigation may prove futile and result in additional charges to boot.
Help! I Took a Breath Test and the Officer Said I was Over the Limit!
Officers routinely tell drivers that their breath tests are “over the limit.” This can pressure some drivers to plead to the OVI charge, as the drivers feel there is no sense in contesting their breath test results. If you find yourself with these feelings, do not despair. A breath test machine uses complex algorithms and formulas in order to produce its results. These results “assume” certain facts are true when making these calculations. Police officers administering breath tests must follow certain procedures in order to help improve the accuracy of the results. But there are a number of facts or circumstances that can affect the accuracy of the testing machine.
The criminal attorneys at Suhre & Associates, LLC are here to help Dayton drivers charged with an OVI-related offense. Even if the police or prosecutors suggest your case is unwinnable, do not give up hope before speaking with Suhre & Associates. We know how to defend against OVI charges and can help increase your chances of getting a “not guilty” verdict. Contact us today at (937) 531-0435.