Refused Breathalyzer

What is the name of your state? OH

A friend of mine was arrested for suspicion of DUI. He refused the breathalyzer. He pled not guilty and took his case all the way to the jury and was found not guilty. The judge took his licenses away for 2 years because of his refusal of the breathalyzer. Is there anything he can do?

The judge said that these were 2 different issues, the DUI versus the refusal of the breathalyzer, but I was always under the understanding that not guilty means not guilty; any thoughts?

Thanks

[I AM ALWAYS LIABLE]

Originally posted by cswed
What is the name of your state? OH

A friend of mine was arrested for suspicion of DUI. He refused the breathalyzer. He pled not guilty and took his case all the way to the jury and was found not guilty. The judge took his licenses away for 2 years because of his refusal of the breathalyzer. Is there anything he can do?

The judge said that these were 2 different issues, the DUI versus the refusal of the breathalyzer, but I was always under the understanding that not guilty means not guilty; any thoughts?

Thanks

My response:

Yes, here's my thoughts - -

When you applied for your license - - just like your friend - - you agreed to submit to DUI testing when requested by police. Your friend screwed up by failing to comply and submit to a lawful request.

You see, driving is a "privilege" and not a "right". So, the judge was correct.

IAAL

[abezon]

Yep, the judge got it right. If you check the DUI laws, one will say it's a crime to drive drunk. Another will say that you lose your license for a period of time if you refuse to take a breathalizer test. Thus, the drunk driver has a choice -- refuse the test & guarantee a license suspension but make the state's DUI case harder to prove, or take the test & guarantee a DUI conviction AND license suspension. Your friend got a good deal -- he didn't get the DUI conviction & lose his insurance. Buy him a bus pass as a late Christmas present.