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lwpat
lwpat, Criminal Lawyer
Category: Criminal Law
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Experience:  Practicing criminal defense attorney
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I got a dui did the test but came up invalid but received

Customer Question

I got a dui did the test but came up invalid but received a paper that says refused but i did't refuse. Should i fight it and if i plea not guilty do i still get my license back
Submitted: 1 year ago.
Category: Criminal Law
Expert:  lwpat replied 1 year ago.
Thanks for using JA. I will do my best to answer your questions. DON’T FORGET, your deposit is not used to compensate me until you rate my service.

It appears that the officer is claiming that you refused to blow. Typically this is when the officer determines that you are not making a sufficient effort. You don't give the details so this is just the normal and your situation may be different.

It is normally in your best interests to retain a local DUI attorney and have him plead not guilty for you. If you can't afford one right now, you can show for your arraignment and enter a plea of not guilty and ask for a jury trial. That will give you some time to raise the retainer fee.

The attorney will review the video of the breath test and see if he can determine whether there was a problem with the machine or exactly what.

However, you can be found guilty of DUI without a breath test based on why you were stopped and the field sobriety tests.

I assume that you are asking about the administrative suspension for a refusal. Here is the information

Administrative License Suspension (ALS) Refusal of Test
Ohio Revised Code (ORC) Section 4511.191

When
A driver is stopped for drunk driving and refuses to take the sobriety test requested by the law enforcement agency The officer can take your driver license on the spot and the suspension begins immediately.

Length of Suspension
Depending on previous offenses or refusals, you can have your license suspended for a period of 1 year to 5 years. See D.U.I. pamphlet for penalties. After a second offense your vehicle may also be immobilized.

Appeal Procedures ORC Section 4511.197
May appeal suspension at the initial court appearance which will be held within 5 days of the arrest or the issuance of a citation. Suspension may not be stayed by appeal.

Limited Driving Privileges ORC Section 4510.021
Driver may petition the court for limited driving privileges any time subsequent to the date on the notice of suspension. This petition may be filed in the municipal, county, or in the case of a minor, juvenile court with jurisdiction over the place at which the arrest occurred.
NOTE: Occupational driving privileges cannot be granted during the following periods:
First 30 days of suspension on a first offense.
First 90 days of suspension on a person who had a previous refusal within 6 years.
First year of suspension on a person who had 2 previous refusals within 6 years.
First 3 years of suspension on a person who had 3 previous refusals within 6 years.
A person, who within the preceding 7 years, has been convicted of or pleaded guilty to 3 or more OVI violations cannot be granted limited privileges.

Reinstatement Requirements ORC Section 4511.191 (F)(2)
Serve the suspension period.
Pay Reinstatement Fee. See Reinstatement Fee List for required fee amount.
Show Proof of Insurance by forwarding the proper documentation to:
Ohio Bureau of Motor Vehicles
Attn. RE Fee
P.O. Box 16520
Columbus OH 43216-6520
Termination of Suspension ORC Section 4511.191
The ALS Refusal Suspension will be terminated by the registrar upon notice that:
The person entered a plea of guilty to OVI and the refusal suspension arose from the same incident.
The person entered a plea of no contest to OVI, was found guilty and the refusal suspension arose from the same incident.

Pleading not guilty does not get your license back. If there was a problem with the machine, your attorney may be able to get the suspension lifted. Here is a DUI attorney referral site

http://www.lawyer.com
Customer: replied 1 year ago.

i was stopped for inperdon traffic not the dui and also they did not do any field test but gave me the breath test in 8 degree weather it was very cold and i had no jacket

Expert:  lwpat replied 1 year ago.
I understand. Based on your post you may have grounds for the court to find that you did not refuse but rather the test was not administered properly. However, you will need an attorney to properly make that argument for you.

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