A breathalyzer is a field sobriety test police officers use to measure a person’s blood alcohol content (BAC) when they suspect a person is driving under the influence of drugs, alcohol, or both.
Alcohol takes time to break down. It enters your bloodstream without any fundamental chemical changes. This is sometimes why people believe they are safe to drive as signs aren’t visible, though your BAC may prove differently.
One standard drink, for example, can increase your BAC by .02. If you reach the .08 legal limit, it will take your body approximately five hours and twenty minutes to eliminate the alcohol from your body.
What Rights Do Police Officers Have?
If you show signs of impaired driving, such as swerving, speeding, or reckless driving, law enforcement has enough reasonable suspicion to pull you over. An officer will request your contact information, license, and registration.
Following this, they will likely ask other questions related to drinking and drug use, other questions that will later support the DUI charge. You can politely ask if you are under arrest and say that you prefer to answer questions with the help of an attorney.
Many people don’t know that they have a choice in submitting to a field sobriety test in Ohio. You have the legal right to refuse. A police officer can still demand that you get out of your car; in this case, you must abide to avoid additional charges.
What Happens if I Refuse a Breathalyzer?
It is within your rights to refuse a breathalyzer. The results of your chemical test are what law enforcement and the prosecution use to try and convict you of a DUI charge later.
With this decision, a breathalyzer will get your license immediately revoked and suspended for up to one year. Alternatively, the lack of evidence will make it challenging to convict you of a DUI charge, especially if other factors, such as a car accident, witnesses, or any injuries or harm, are not present.
If you refused a breathalyzer and are facing the penalties, there’s a short window of time to contest the extended license suspension—contact our experienced attorneys to discuss your case.
How Can a DUI Attorney Help Me?
Breathalyzers can be subjective—and the results are not always accurate. Every DUI case is also different. Your sentence depends on various factors, including how high or low your BAC was and whether you caused an accident, property damage, or any injuries.
When you choose our law firm, we review your case to determine any holes or breaches and fight excessive charges to achieve a reduced sentence or dropped charges.
Legal representation will give you an advantage in a DUI case. Count on our law firm to provide you with the counsel and guidance you need in a challenging situation—contact us at 513-548-5544 and book a free consultation with our firm.