Breathalyzer Tests in Toledo

Driving under the influence (DUI) of alcohol or drugs is prohibited by law in Ohio. Prosecutors can pursue charges against those suspected of DUI, which is officially known as operating a vehicle under the influence (OVI). Breathalyzer tests in Toledo are important evidence in DUI/OVI cases.

If you have been charged with a DUI or OVI offense in Toledo, OH, ensure that your legal rights are protected by seeking the legal advice of our experienced lawyers at Patituce & Associates. Call us today at 419-737-4556 to schedule your free initial consultation.

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Taking a DUI Breath Test in Toledo, OH

Ohio law generally requires that any driver stopped for a DUI to take a Blood Alcohol Content (BAC) test, which is also known as a breathalyzer or breath test. If you are asked by an officer to submit to such a test after being stopped for an OVI, you generally cannot refuse.

If the result of the BAC test is .08 or greater, you will be charged with a “per se” OVI/DUI. If the result is .17 or greater, you will be charged with a “per se” OVI/DUI “high tier.” Each type of offense has different mandatory penalties that include:

You may also be required to pay a license reinstatement fee, ordered by the court to attend alcohol education classes, and can face additional penalties if you refuse to submit to blood or breath testing.

What Factors Contribute to BAC?

The BAC level is usually variable across different individuals because many different factors affect how quickly alcohol is absorbed into the bloodstream once consumed. Factors that contribute to varying BAC levels across individuals include the following.

  • Size: A smaller individual will generally have a higher BAC than a larger individual that consumed an equal amount of alcohol in the same amount of time.
  • Weight: A person that weighs more will generally have a lower BAC level than a person that weighs less after consuming the same amount of alcohol.
  • Age: An older adult will generally have a higher BAC level than a younger adult after consuming just one alcoholic beverage.
  • Number of Drinks Consumed: A person’s BAC level will steadily rise once a person starts drinking alcohol, but this will depend on whether he/she keeps consuming alcoholic beverages.
  • Gender: Women will generally have higher BAC levels than men after consuming the same amount of alcohol.

Do You Have to Take Breathalyzer Tests in Toledo?

Ohio’s implied consent law requires that all drivers who are lawfully arrested for DUI or OVI submit to chemical testing to determine their blood alcohol concentration (BAC). For an arrest to be lawful, the officer that stops you must have reasonable grounds for suspecting that you have been driving under the influence of alcohol or drugs.

A Driver Refusing Breathalyzer Tests in Toledo

What if I Take the Test and Fail?

If you take the breathalyzer test and fail, the officer that administered it to you is required to physically take your driver’s license from you if you have it in your possession. The officer is then required to forward the license to the Ohio Bureau of Motor Vehicles. If you don’t have your driver’s license with you, you are required to surrender it to the police within 24 hours.

The police officer that seizes your driver’s license is required to advise you that it is automatically suspended by law. The automatic suspension will last until at least your first court appearance. Your initial court appearance will be in 5 days or less. You have up to 30 days to appeal the automatic suspension of your license at your first appearance in court.

Our lawyers can help you defend your right to drive at a BMV hearing.

You Need a DUI Defense Lawyer

If you are arrested for drinking and driving and convicted, this may have serious ramifications for your finances and reputation. That’s why it is important to hire experienced DUI defense lawyers such as Patituce & Associates in Toledo, OH.

Our attorneys know the law as well as the local justice system and can help limit the impact in a variety of ways such as negotiating alternatives to jail time, obtaining work privileges, helping you comply with probation requirements, etc.

Facing a DUI/OVI Charge in Toledo, OH? We Can Help!

If you or a loved one recently tested a BAC level above the legal limit, don’t despair since there are still ways to fight your charges. Get in touch with the legal team at Patituce & Associates in Toledo, OH for help challenging the charges and minimizing their effect on your future.

Call us today at 419-737-4556 to schedule your free, no-obligation initial consultation.

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