Refused DUI Test - Child in Car

[SingleMother2]

What is the name of your state (only U.S. law)? Ohio

If someone refuses a DUI Test, can they be still found guilty? A trooper stopped my ex when he observed him weaving/ swerving? He was arrested. Our children were in the car (not in seat beats). My ex's charges include the following: (1) DUI (2) Refusal to take DUI Test (3) Child Endangerment (4) Children not in restrants (5) No Car Insurance and (6) Lane Violation.

He has at least 2 DUI prior convictions.

ADVICE PLEASE!

 

[Zigner]

What is the name of your state (only U.S. law)? Ohio

If someone refuses a DUI Test, can they be still found guilty? A trooper stopped my ex when he observed him weaving/ swerving? He was arrested. Our children were in the car (not in seat beats). My ex's charges include the following: (1) DUI (2) Refusal to take DUI Test (3) Child Endangerment (4) Children not in restrants (5) No Car Insurance and (6) Lane Violation.

He has at least 2 DUI prior convictions.

ADVICE PLEASE!

Advice about what?

 

[swalsh411]

Absolutely. They would have gotten a warrent for a blood draw. You don't have the option to refuse if the police get a warrant.

I suggest you keep your kids away from this dangerous person.

 

[SingleMother2]

Advice about what?

Maybe not advice...just an answer to my question...if one can still be found guilty with 2 priors and a refusal a DUI test.

 

[SingleMother2]

Absolutely. They would have gotten a warrent for a blood draw. You don't have the option to refuse if the police get a warrant.

I suggest you keep your kids away from this dangerous person.

I am working on it. I have to wait until July 30th...his hearing date.

 

[SingleMother2]

Absolutely. They would have gotten a warrent for a blood draw. You don't have the option to refuse if the police get a warrant.

I suggest you keep your kids away from this dangerous person.

Also, I know that didn't obtain a warrent for a blood draw. They simply let him go when a friend picked him and my children up. If was 4th of July weekend, on a Sunday.

 

[tranquility]

Maybe not advice...just an answer to my question...if one can still be found guilty with 2 priors and a refusal a DUI test.

Driving under the influence can include two parts. One, having to do with a per se level of alcohol in the blood, he cannot be convicted of without a chemical test. The other (§ 4511.19 (A)(1)(a)), can be supported by other evidence including the fact he refused. If convicted, the priors and the refusal will be the elements of an additional offense.

 

[princymelba]

All drunken driving offenses have maximum of jail sentence. But, for the first offenders it is only lesser punishments like Fines, driving license being cancelled, Mandatory attendance of AA meetings and driver’s education classes etc. After this an “ignition interlock” device will be installed in the vehicle for the driver requires passing a Breath Test in order to start ignition. This is only for the first time offenders. If they have been found again for a drunken driving offense, the result is DUI conviction. As your EX has 2DUI already he needs to meet the consequences..
There are many technical defenses available, where an attorney can assist you either in negotiating the charge filed or the reducing the consequences of the charge.

 

[OHRoadwarrior]

You better get away from this clown before your children are taken away from you. Childrens Services already sees the taint of his rot on you. You are lucky they have not already come knocking to give you the same charge for child endangerment. You left you children in the care of a drunk on party day.

 

[ashleygreen]

Yes, it is possible to be found guilty of a DUI/OVI despite the refusal of a chemical test (breath, blood or urine test). Moreover, the refusal to submit to a chemical test can be separate violation itself, if the defendant has had a prior refusal within the last twenty (20) years. Further, the refusal alone will result in an Administrative License Suspension (ALS).
Two prior DUIs is serious criminal/traffic history. He needs an attorney.

 

[LdiJ]

You better get away from this clown before your children are taken away from you. Childrens Services already sees the taint of his rot on you. You are lucky they have not already come knocking to give you the same charge for child endangerment. You left you children in the care of a drunk on party day.

She said he was her ex...obviously it was his holiday weekend. You really need to read better.

 

[Ohiogal]

She said he was her ex...obviously it was his holiday weekend. You really need to read better.

While ORW was incorrect in part of what he said, depending on the county CSB has been known to step in and remove children due to the actions of ONE parent -- even if that parent is NOT the primary custodian. Trust me when I say it happens -- I have fought many of those cases.

 

[quincy]

. . . . You really need to read better.

This thread is over a month old.

The hearing date for the ex on the DUI was July 30th. I am thinking that SingleMother2 already has her question answered.

 

[OHRoadwarrior]

I don't feel so bad now. I am not the only one getting the hook, line and sinker today. It is senior fishing day apparently.

This thread is over a month old.

The hearing date for the ex on the DUI was July 30th. I am thinking that SingleMother2 already has her question answered.

 

[quincy]

Yup. It seems like necroposters are running rampant today.