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A great Akron DUI Attorney Explains the Implied Consent Law in Ohio

When dealing with charges for DUI (driving under the influence of narcotics of alcohol) or OVI (operating a vehicle while impaired) in Akron, Ohio, an example of the important issues that a DUI attorney can help you through is the implied consent legislation (the refusal to undergo a blood alcohol test).

Due to the way in which the Ohio law is written, possessing a driver's license implies that you are in agreement that when driving in Akron (or the state of Ohio, for that matter) you are in essence giving implied consent to undergo blood or breath screening for your personal blood alcohol content. If you decline to have the test taken, you will face an instantaneous 1 year suspension of your license, and so this really is quite a significant case. My suggestion is usually that, in the case associated with a refusal, you get in touch with an experienced Akron DUI attorney quickly so that they can deal with your case.

There are some mitigating circumstances in which you may have legitimately declined the evaluation, and your DUI lawyer Akron will know all regarding the scenarios. Good examples of mitigating circumstances would include: An additional factor is that you, as a driver, have a two hour time period during which you must undergo the tests, after which it's regarded as a refusal. If there are mitigating circumstances in which you were reasonably unable to do the analysis within the 2 hour time period, your Akron DUI lawyer can present a case to the judge to try to appeal the charges being brought against you. There is an appeal system for all of these cases, and your Akron DUI lawyer will be able to assess your personal case and determine which happens to be the very best course of action to go after in court.
 * Perhaps you had been in an automobile accident, and were actually in shock when the cop called for the test
 * Due to the circumstances of the car accident, you might not remember refusing the actual analysis
 * If the circumstances through which you were stopped by the police were unlawful
 * The police man may not have explained the implications of refusing

The penalties for a DUI offense, in the event you refuse tests, are serious. They may consist of, as mentioned previously, immediate license suspension, as well as: And this means you truly have to be aware of your appropriate options when it comes to some thing like refusing a blood or breath analysis, while you don't wish to turn out to be dealing with these kinds of charges if they're not legitimate. Usually, the very first thing your personal Akron DUI attorney is going to do is submit an appeal (provided you get in touch with the attorney inside the ten day maximum) to get a BMV hearing, in which your driving rights will be discussed. Following that, your DUI attorney will take care of the criminal hearing likewise.
 * Fines
 * Imprisonment
 * Vehicle confiscation
 * Ignition interlock system
 * Specialised DUI license plates
 * Parole
 * Community service
 * Alcohol education classes

Ultimately, you need to arm your self with as much information as is possible surrounding your case, and contact an Akron DUI lawyer who understands the legal system and will be able to advise you on the way forward. Without that assistance, you'll struggle to present a justified case in the courtroom.