If you refuse the test after a Cincinnati DUI or OVI arrest, can it be used against you?
Yes. The jury will be instructed that they may, but do not have to, consider the fact that you refused the breath test as evidence of guilt.
It is still better to refuse the test because if you test over all the state has to prove at trial is that you drove, took the test, and tested over the limit.
Our Cincinnati OVI defense lawyers can help defend your OVI or DUI refusal in the best ways possible. Our first opportunity to d this is talking to the jury during selection.
We are able to talk to the jury on your behalf and help them understand that people refuse the test all the time. We will also be able to establish that the testing officer is likely to testify that people refuse the test for all kinds of reasons.
And remember, if you or a family member has been arrested for DUI in the cities of Lebanon, West Chester, Mason, and Cincinnati– including: Hamilton, Butler, Warren, and Clermont counties – call me, ROBERT HEALEY, or one of the other DUI / OVI attorneys at 513.333.0014. We are available 24-hours a day, 7 days a week. Because now is the best time to put a team that includes an AWARD WINNING LAW FIRM, AWARD WINNING DUI LAWYER, a FORMER POLICE OFFICER, and a FORMER PROSECUTOR to work… for you!