If you refuse the test after a Columbus, Ohio 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.
However, your lawyer may be able to get a sense of which way the jurors are leaning during the jury selection process. For example, your Columbus, DUI lawyer can ask questions to the perspective jurors about whether they believe someone is “over the legal limit of .08” just because they refused the breath test. Other questions regarding the the same situation, but worded differently, can also be explored.
We believe it is best to get the facts of the case out in the selection process so it doesn’t look as though we are hiding anything. In addition, your lawyer may be able to get a “read” on some of the jurors based on responses to those questions.
And remember, if you or a family member has been arrested in Columbus, Ohio at 614-827-2000. 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!