-- In a recent interview, top DUI defense lawyer Shawn Dominy, founding partner of the Dominy Law Office, LLC in Columbus, OH, spoke about why people should refuse a roadside breathalyzer test.
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When asked for a comment, Dominy said, “There’s a lot of misinformation floating around when it comes to whether people should take or refuse breathalyzer tests during a police stop on the side of the road.”
One thing that Dominy always tells his clients is that they do not have to take part in a field sobriety test or the roadside breathalyzer test.
He continued by saying, “During a stop, a police officer may ask you to take a portable breath test, walk a line, and stand on one leg. But what many people don’t know is that these tests are not mandatory.”
“Also, even if you cooperate, a police officer can still arrest you even if you ‘pass’ the roadside portable breath test. It’s only one part of the evidence they consider to determine whether you are under the influence and too impaired to operate a vehicle. And, if you ‘fail’ the test, this could hurt your plea negotiations later on during the DUI case,” Dominy said.
Dominy also was keen to point out that refusing to take part in a roadside breathalyzer test may not prevent you from being arrested and asked to take a breathalyzer test at the station.
“I always advise my clients that, while they can and should say ‘no’ to roadside tests, they need to seriously consider taking the tests performed at the police station. Refusing a blood/breath/urine test after being arrested can lead to serious consequences, even if you didn’t do anything wrong,” he said.
When asked about these consequences, he said, “Refusing to perform a breath test after being arrested will result in the automatic suspension of your license for at least one year. There is a waiting period of at least 30 days to get driving privileges. That is something to consider when deciding whether to take the test.”
That said, Dominy added, many people are understandably not well-versed on the ins-and-outs of DUI law in the state of Ohio, particularly when it comes to their rights or any implications from exercising those rights.
"When in doubt, if the police start asking a lot of questions or ask you to take a roadside test, the best thing to do is to tell police officers you’d prefer not to answer any questions or take any roadside tests without a lawyer because you’ve heard you can get yourself into trouble even when you’re innocent of any wrongdoing.”
“If the police then persist or arrest you, be courteous and just let them know you would prefer to speak with your lawyer first before saying or doing anything. This way, a lawyer can help you make a more informed decision that will ultimately be in your best interest down the road,” he said.
Source: http://RecommendedExperts.biz
Contact Info:
Name: Shawn Dominy
Email: Send Email
Organization: Dominy Law Firm, LLC
Address: 7716 Rivers Edge Dr #B Columbus, OH 43235
Phone: (614) 717-1177
Website: https://www.dominylaw.com/
Source URL: http://RecommendedExperts.biz
Release ID: 88939817
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