Is it a crime to refuse to take a breath test?
Ohio has adopted O.R.C. 4511.19(A)(2) which makes it a crime to refuse to take an evidentiary chemical test if you have a prior OVI (drunk driving) or OVUAC (juvenile/underage drunk driving) conviction any time within the last twenty (20) years. If you refuse and you have a prior within twenty (20) years then the penalties for your OVI offense will be double the mandatory minimum. (See generally the “Penalties” [Read the full post. . .]
Ohio DUI law R.C. 4511.19(A)(2) enhances the penalty for a motorist who, having been convicted once in the last six (6) years, after having been arrested, refuses to take a blood, breath or urine test. In State v. Hoover,173 Ohio App.3d 487, 2007-Ohio-5773, the issue of whether or not a person can have a DUI sentence enhanced pursuant to R.C. 4511.19(A)(2) for refusing to take a chemical test was before the Ohio Supreme Court. The government sought to [Read the full post. . .]
“How will a DUI affect my insurance costs?” This is one of the most common questions we get at initial client conferences. I have grown frustrated in trying to give a short answer that sufficiently covers the nuances of the situation, so – here is my long-winded multi-part answer.
How Will A DUI Affect My Insurance Costs (Part I)
Insurance company evaluators look at you as a risk. Your rates are based on a number of super-secret algorithms [Read the full post. . .]
The Ohio legislature is considering H.B. 469 (Annie’s Law) which would bring a harsh new DUI punishment to the State.
Currently, ignition interlock devices are used in all 50 states and the District of Columbia. However, states vary widely in how the ignition interlock devices are used and which drivers are required to install them. In West Virginia, for example, interlock devices are only ordered at a judge’s discretion while Michigan mandates their use for drivers who are found with [Read the full post. . .]
H.B. 469 (Annie’s Law) presented at the Ohio Statehouse on Thursday will require an ignition interlock device be installed on the vehicle of all convicted drunk drivers, including first-time offenders. Ohio law currently prescribes “blow to go” devices for repeat drunk driving offenders, but not on a first offense. We have longed warned (previous story HERE) that this was at the top of MADD’s agenda and a continuation of their desire to impose penalties on a driver before [Read the full post. . .]