Guilty of refusing to test in ohio

[shiningstar]

What is the name of your state? Ohio I was stoped in Nov 2004 for DUI. Had pretrial conference 01/12/05. Prosecutor is offering to drop DUI if I plead guilty to refusing the BAC test. Judge has never sentenced this offense before and has scheduled another pretrial while he thinks about it. Has anyone had any experience with the charge of Refusing to test?

 

[Alchohol_Free]

Hummm

Never heard of this before. I guess this could be one of 2 scenarios:

1. The prosecutor's not going to be able to get a DUI conviction, so he/she trying to get you on something.

2. The prosecutor is expecting that a guilty plea for refusing a BAC is going to be much worse for you than pleading guilty to the DUI.

If you can get out of this without a DUI going on your record, you're extremely lucky. But remember, you're going to be serving an mandatory DMV license suspension for refusing the BAC. And those suspensions can be pretty hefty.

 

[shiningstar]

New law

I was told that the refusal to test law was new as of 11/01/04. It was primarily intended to augment the penalty for a DUI conviction. In other words if you are convicted of a DUI and refused the test; the penalties can be doubled. My offer to pleade guilty to just the refusal portion of this law is first in Miami county Ohio for this prodecutor and judge. I can't even find any mention on the web of this new law. I have searched the Ohio revised code sites and still can't find the law for this of which I'm guilty. Help!

 

[BelizeBreeze]

A key provision of the legislation is administrative license suspension, also known as ALS. Under Ohio DUI laws, which became effective September 1, 1993, any motorist stopped for drunk driving who refuses to take the sobriety test or whose test results exceed the legal limit of .10% Blood Alcohol Concentration (BAC) will have his/her license taken administratively on the spot, with suspension effective immediately. Depending on previous offenses, the ALS period can range from 90 days to five years.

On the criminal citation a court of law may also impose additional penalties or license suspension, at the judge's own discretion.

Depending on previous DUI offenses, fines can range from $200 to $10,000. Jail time ranges from three days to one year. Fines and jail sentences are as follows:

First offense: Fine-$200 to $1,000; ALS for 90 days for .10% BAC or above; ALS for test refusal is one year license suspension; Jail-minimum of three consecutive days or three-day driver intervention program; Court license suspension is six months to three years
Second offense: Fine-$300 to $1,500; ALS for one year for .10% BAC or above; ALS for test refusal is a two-year license suspension; Jail-minimum of 10 consecutive days or five days and minimum of 18 consecutive days of electronically monitored house arrest (EMHA), up to a maximum of six months; Discretionary driver's intervention program; Vehicle immobilization and plates impounded for 90 days; Court license suspension is one to five years
Third offense: Fine-$500 to $2,500; ALS for two years for .10% BAC or above; ALS for test refusal is a three-year license suspension; Jail-minimum of 30 consecutive days to one year-Alternative sentence is 15 days of jail plus a minimum of 55 consecutive days of EMHA combined, up to a maximum of one year; Mandatory attendance in an alcohol treatment program paid for by offender; Vehicle immobilization and plates impounded for 180 days; Court license suspension is one to ten years
Fourth offense or more or motor vehicle-related felony: Fine-$750 to $10,000; ALS for three years for .10% BAC or above; ALS for test refusal is a five-year license suspension; Jail-minimum of 60 consecutive days to one year; Mandatory drug/alcohol treatment program paid for by offender; Vehicle forfeiture-mandatory

 

[shiningstar]

No help BelizeBreeze

I know the rules and consequence for not blowing; believe me. I'm living that right now. Your response does not fit with my post. Are you saying that there has been no change in the Ohio law effective 11/01/04?

 

[BelizeBreeze]

I know the rules and consequence for not blowing; believe me. I'm living that right now. Your response does not fit with my post. Are you saying that there has been no change in the Ohio law effective 11/01/04?

With your attitude All I have left to say is "kiss off". I don't help drunks.

 

[shiningstar]

Then get outta my thread!

Get outta my thread

 

[BelizeBreeze]

Get outta my thread

Is that you or the Jim Beam talking ???

 

[1curious1]

What is the name of your state? Ohio I was stoped in Nov 2004 for DUI. Had pretrial conference 01/12/05. Prosecutor is offering to drop DUI if I plead guilty to refusing the BAC test. Judge has never sentenced this offense before and has scheduled another pretrial while he thinks about it. Has anyone had any experience with the charge of Refusing to test?

In some states refusing to "blow" merits you a 90 day revocation of your license on the spot. No "If's, And's or But's", obviously Ohio is nicer than some. What offense DUI was this (1st, 2nd,3rd...etc.) and how many convictions have you had for DUI??

 

[OhioLaw]

Criminal Refusal law went into effect September of 2004

What is the name of your state? Ohio I was stoped in Nov 2004 for DUI. Had pretrial conference 01/12/05. Prosecutor is offering to drop DUI if I plead guilty to refusing the BAC test. Judge has never sentenced this offense before and has scheduled another pretrial while he thinks about it. Has anyone had any experience with the charge of Refusing to test?

An amendment to HB 163 which was effective September 23, 2004. It states that if you have a prior offense within the last 20 years it becomes a criminal offense to refuse a blood, urine or breath test. This therefore doubles all mandatory minimum penalties. Including the DIP/AEP in liu of jail. You then are to serve 3days jail and 3day program. Mandatory RP (yellow) plates. If this is a first offense this means you would plea to the state charge and dismiss the per se charge. If you would like more information on this email me directly.
TM

 

[RockyD]

With your attitude All I have left to say is "kiss off". I don't help drunks.

All States

What is the problem on this forum? I have never seen so many antagonistic post. I wish those who have nothing to contribute to the thread keep their opinion to their self. Who are these people? Are they lawyers? Anyways...

Back to the topic.-----

I do allot of traveling on business and will often have to have a beer or two with clients. Being in unfamiliar locations across the country I am often unaware of local police practices such as random stops and such. Especially with out of town plates on the auto. So if you are unsure if you would pass a breathalyzer test, what currently is the best course of action? The obvious answer would be not drink and drive. But what I am talking about is a few beers with a meal, not getting drunk. So please keep your sarcastic rants to yourself!

If you have any sound advise, I would like to hear it. If you refuse to test, it seems that you might be safer in the long term.

 

[Curt581]

What is the problem on this forum? I have never seen so many antagonistic post.

Because the vast majority of questions center around:

"I just got a DUI, how can I get out of it?"

We explain procedure, penalties, and options. We don't tell people how to "get out of it". For the people who do ask, our responses boil down to "Sucks to be you, hire a lawyer".

I wish those who have nothing to contribute to the thread keep their opinion to their self.

We'll get right on that.

Other people on the forum are allowed to express their thoughts, just like you did above.

So if you are unsure if you would pass a breathalyzer test, what currently is the best course of action? The obvious answer would be not drink and drive.

Obviously. Apparently this isn't "Rocket Science" after all.

But what I am talking about is a few beers with a meal, not getting drunk.

Ever thought of ordering a non-alcoholic beverage if you know you're going to be driving afterwards?

So please keep your sarcastic rants to yourself!

I'm sorry... did you just say something? I wasn't paying attention.

If you have any sound advise, I would like to hear it. If you refuse to test, it seems that you might be safer in the long term.

Seems like you've already got all the answers you want.

 

[RockyD]

Thats a great example of a useless post. What a total waste time and oxygen you must be using up.

I am new here, but if this is the mentality here, my visit here might be short lived. I am sure the sponsors love to see new users alienate.

This will be my last post to irrelevant subjects on this thread.

Thanks for the example.

 

[fagettaboutit]

Because the vast majority of questions center around:

"I just got a DUI, how can I get out of it?"

We explain procedure, penalties, and options. We don't tell people how to "get out of it". For the people who do ask, our responses boil down to "Sucks to be you, hire a lawyer".

We'll get right on that.

Other people on the forum are allowed to express their thoughts, just like you did above.

Obviously. Apparently this isn't "Rocket Science" after all.



Ever thought of ordering a non-alcoholic beverage if you know you're going to be driving afterwards?

I'm sorry... did you just say something? I wasn't paying attention.

Seems like you've already got all the answers you want.

Thank you teetotaler, Curt581. I might invite you to an outragouesous chocolate feast. But you'll get so angry based upon the fact you have no excuse to be angry.

But, wait, it could turn into a DUI arrest.

Curt581, hold your hands high!

Something you'd love more than anything else.


Curt581, needs to a to a victim.

recognize! If you've been killed by a sober driver. We'll get back to you...

NO one is a victim unless alcohol is involved

 

[Curt581]

Thank you teetotaler, Curt581. I might invite you to an outragouesous chocolate feast. But you'll get so angry based upon the fact you have no excuse to be angry.

But, wait, it could turn into a DUI arrest.

Curt581, hold your hands high!

Something you'd love more than anything else.


Curt581, needs to a to a victim.

recognize! If you've been killed by a sober driver. We'll get back to you...

NO one is a victim unless alcohol is involved

What the heck was that supposed to be about?



You might want to lighten up on the crack smoking.