When an individual is suspected of driving under the influence, officers may request a breath test. However, the results of such tests could be used as evidence against an individual in court. Therefore, some parties wish to decline such a test. In such situations, though, a breath test refusal could result in immediate consequences, and the refusal may be addressed as the case proceeds.
Two individuals in Ohio were recently taken into custody after being involved in a car accident. The accident took place when a vehicle made a U-turn in front of an SUV, and the two vehicles apparently collided. It was reported that both drivers involved in the two-vehicle crash declined to participate in breath tests.
One of the individuals taken into custody is a police officer. Due to the situation, he is currently on medical leave, but at the time of the report, he was still employed as an officer. It was also noted that both drivers were apparently injured, but neither was taken to the hospital. Due to refusing the breath tests, both drivers were taken into custody on charges of operating a vehicle while intoxicated.
In Ohio breath test refusal can come with immediate consequences, and as this situation shows, the refusal could lead to arrests. If the individuals involved in this case wish, they may find gathering information about their circumstances beneficial. Gaining knowledge on breath test refusal consequences and how those consequences might be challenged in court may help them determine the legal paths they wish to follow.
Source: wkyc.com, "Mentor HS resource officer arrested on OVI charge", Wale Aliyu and Andrew Horansky, April 25, 2015