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If a police officer pulls you over for a DUI traffic stop, you may be asked to agree to a field sobriety test and to have your breath analyzed for its blood alcohol content (BAC). In Ohio, DUI attorneys specialize in areas of the law dealing with traffic violations and state statutes governing the operation of a vehicle under the influence of alcohol or drugs. If the police ask you to breathe into a roadside screening device, here’s what you should know.

The History of Breathalyzers

A Breathalyzer estimates the concentration of alcohol in your blood by sampling the vapors in your breath. Invented in an Indiana forensic science lab by Robert Borkenstein in the 1950s, Breathalyzers have been upgraded over the years to improve reliability and portability.

One model variant, for example, attaches to car ignitions to prevent an offender from driving. In Ohio, these devices allow drivers to continue using their cars while in recovery for their addiction.

Complying With Roadside Testing Requests

DUI attorneyIn Ohio, it’s illegal to drive with a BAC reading of 0.8% or higher, but you’re not required to submit to a prearrest roadside screening. However, once arrested, you must comply with requests to have your breath, blood, or urine analyzed.

If you refuse the preliminary screening, an officer will use other evidence (probable cause) to substantiate an arrest, such as the smell of alcohol and the presence of open cans of beer.

The Consequences of Refusing Roadside Testing

Whenever the police stop you, remain calm, be polite, and never lie. If asked if you’ve been drinking, simply and respectfully refuse to answer questions until you speak to a DUI attorney.

Likely, you’ll be placed under arrest and taken to the station, but you may not be charged nor immediately jailed. You may only be held until arrangements are made to have a family member escort you home.

If you voluntarily submit to a roadside Breathalyzer test, you’ll be arrested and charged if your BAC is above the legal limit. In Ohio, your license will be immediately suspended for one year if you refuse to take a blood, breath, or urine test after an arrest.

You can contest a suspension if you act quickly. Hiring a DUI attorney will give you the best possible chance of winning a petition for license reinstatement, avoiding jail time, and having charges dropped or reduced.

 

The DUI attorneys of Pater, Pater & Halverson in Hamilton, OH, protect the rights of clients who have been pulled over on suspicion of driving under the influence of alcohol or drugs. They’re committed to achieving the best possible outcome based on a thorough and fair assessment of the circumstances of your arrest and ensuing charges or trials. Visit them online for an overview of their criminal and traffic law practice areas, or call (513) 867-1411 to discuss the difference a DUI attorney can make.

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