For some individuals, catching a quick nap in their car may not seem like something out of the ordinary. However, if authorities believe that an individual sleeping in their vehicle is suspicious in nature, they could begin to question the individual. Should authorities believe that the sleeping person was under the influence and there is a breath test refusal, that person could face consequences.
Two individuals in Ohio found themselves in similar, though separate, situations. Reports indicated that authorities approached the first vehicle when they noticed a man sleeping in the passenger seat while the car was parked on the side of the road. The officer reportedly conducted field sobriety tests on the individual, which he apparently did not pass, and the man refused to submit to a breath test. He was taken into custody for operating a vehicle while under the influence and for charges relating to a handgun.
The second individual was taken into custody after authorities found her sleeping behind the wheel of a running vehicle. The vehicle was reportedly blocking the entry to a subdivision. The woman apparently thought she was sleeping in her driveway. After allegedly performing sobriety tests and refusing a breath test, the woman was arrested for OVI.
Aside from the suspected operating a vehicle under the influence, breath test refusal can come with immediate consequences, such as a suspended license. However, the individuals may wish to take a closer look at their respective cases to determine whether they would like to create a defense against the OVI allegations. Each party should be able to make their own decisions regarding how they would like to proceed with their cases, should they go to Ohio court. Information on such proceedings could be helpful if they wish to learn more.