OVI – Should I Provide a Breath Sample?

If you are arrested for operating a vehicle impaired (OVI), the odds are good that the arresting officer will take you back to his or her station. There, you will be asked to provide a breath sample for testing by blowing into a “breathalyzer” machine. Despite the officer’s tone of voice or the fact that you are under arrest, you do have a choice: you can choose not to blow into the machine. The question is, “Should you provide a breath sample?” At Walker Novack Legal Group, LLC, we work tirelessly to represent the rights and interests of clients who are facing OVI charges in Ohio. Contact us today at (614) 423-8276 to learn more about your legal options.

What Happens When You Provide a Breath Sample

Ohio utilizes the Intoxilyzer 8000 breath testing machine to capture and analyze breath samples of drivers suspected of being impaired by alcohol. Drivers must continuously blow into the machine using a plastic tube for several seconds until the machine has collected a sufficient amount of breath to test. Within moments, the Intoxilyzer 8000 provides a result to the officer showing the breath alcohol concentration of the driver (expressed as grams of alcohol per 210 milliliters of breath). This result can then be used against you in court.

What Happens When You Do Not Provide a Breath Sample

The potential penalties you might face if convicted of OVI increase when you do not provide a breath sample upon request. By not providing a breath sample, though, the officer and the prosecution both are deprived of important evidence concerning your level of impairment. The prosecution would need to rely on other evidence (such as the officer’s observations and your performance on the standardized field sobriety tests – if you completed them) in order to convince a judge or jury that you were impaired at the time you were driving.

Driving Privileges Will be Suspended for Refusing a Breath Test

It is important for you to understand that your driver’s license will be suspended if you refuse to complete a breath test. (Your license would also be suspended if you took a breath test and your alcohol concentration was over 0.08%). The decision of whether to provide a breath sample, then, involves deciding whether it is better to have one’s license suspended in order to have a potentially stronger case at trial or whether it is better to take the test and hope your result is under 0.08%.

Determine Your Course of Action Ahead of Time – Not the Day You are Arrested

It is beneficial to consider how you might respond to a request for a breath test before you are ever arrested. When you are handcuffed and asked to take a breath test, you will not have the opportunity to speak with a lawyer before making your decision. What is more, there is no way to “un-ring the bell” and take back a breath sample that you have already provided.

If you are facing OVI charges in Ohio, let Walker Novack Legal Group, LLC evaluate your case and help you find the most favorable solution possible. Whether you refused to submit a breath sample or you did take the Intoxilyzer 8000 test and failed, we may be able to find ways to defend you against these charges. Set up a free, no-obligation consultation today by calling (614) 423-8276.

Walker Novack Legal Group, LLC
5013 Pine Creek Drive
Westerville, Ohio 43081
P: (614) 423-8276
F: (614) 767-0695