An Akron DUI Attorney Explains the Implied Consent Law in

An Akron DUI Attorney Explains the Implied Consent Law in Ohio

When facing charges for DUI (driving under the influence of drugs of alcohol) or OVI (operating a vehicle whilst impaired) in Akron, Ohio, one of the key things that an somekeyword will be able to assist you with is the implied consent law (the refusal to submit to a blood alcohol test).

Because of the way in which the Ohio law is written, having a driver's license implies that you agree that when driving in Akron (or the state of Ohio, for that matter) you are essentially giving implied consent to submit to blood or breath testing for your blood alcohol content. If you refuse to have the test taken, you will face an immediate 1 year suspension of your driver's license, and so this is quite a serious case. My suggestion is that, in the case of a refusal, you contact an experienced DUI attorney immediately in order to handle your case.se.


There are some mitigating circumstances in which you might have legitimately refused the test, and your Akron DUI attorney will know all about the circumstances. Examples of mitigating circumstances would include:
* Perhaps you were in an accident, and were in shock when the police officer asked for the test
* Due to the circumstances of the circumstances of the accident, you might not remember refusing the test
* If the circumstances in which you were stopped by the police were illegal
* The police officer might not have explained the implications of refusing

Another point is that you, as a driver, have a two hour period in which you must submit to the tests, after which it is considered a refusal. If there are mitigating circumstances in which you were reasonably unable to do the test within the 2 hour period, your Akron DUI attorney will be able to present a case to the judge to try and appeal the charges being brought against you.
There is an appeal system for all of these cases, and your DUI lawyer will be able to assess your individual case and determine which is the best course of action to pursue in court.

The penalties for a DUI offense, if you refuse tests, are severe. They can include, as stated above, immediate driver's license suspension, as well as:
* Fines
* Imprisonment
* Vehicle confiscation
* Ignition interlock system
* Specialised DUI license plates
* Parole
* Community service
* Alcohol education classes

And so you really need to be aware of your legal options when it comes to something like refusing a blood or breath test, as you don't want to be facing these charges if they're not valid. Generally, the first thing your DUI defense team will do is submit an appeal (provided you contact the lawyer within the 10 day limit) to have a BMV hearing, in which your driving rights will be discussed. From there, your DUI defense will handle the criminal hearing as well.

Ultimately, you need to arm yourself with as much information as possible surrounding your case, and contact an Akron DUI attorney who knows the legal system and will be able to advise you on the way forward. Without that help, you will struggle to present a justified case in court.

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