Right to Refuse DRE Testing
Your submission to the DRE exam is completely voluntary and you do not face any criminal or administrative consequences if you refuse. Furthermore, these tests can only be performed after you have already been arrested for a DUI in Ohio; and these exams must be performed according to a certain process by a DRE-certified officer.
The DRE protocol is fairly straightforward. It must be performed by a certified officer, in a controlled location, after you have been arrested. In addition, it should only be performed after a breath test shows that you have a blood alcohol concentration of .08 or lower. If you have already been arrested, you cannot be un-arrested. You can either be released on bail or the charges can be dropped, but the arrest will remain on your record until it has been expunged.
If you took—and passed—an OH breath test, law enforcement considers the DRE exam as their best bet to still charge you with a DUI. Because there are no consequences for refusing to submit to a DRE exam, you should not always refuse. Do not give the police any more information that they can use against you.
If you have been arrested for an Ohio DUI, call Columbus DUI attorney Peter Binning before agreeing to any tests. His extensive training and legal experience can assist you in making an informed decision. If the police do not allow you to contact your attorney, you should refuse to take the DRE exam.
If you have already been subjected to the DRE exam and face criminal charges, call Columbus DUI attorney Peter Binning today! The science behind the DRE exam is shaky at best; there are ways of defending you! Call today for your free case review.