Refusal to Submit to a Chemical Test - Part II

My last article concerned the consequences of refusing to submit to a chemical test.  I cited the recent Coshocton case where the judge added 10 days to a Defendant’s sentence because he refused to submit to a breathalyzer test.  In my article I submitted that you need to think twice before refusing to submit to a test due to this ruling.

Well, I submit to you an additional reason.  In a recent amendment to Ohio’s OVI laws, the legislature tweaked the “look back” rules.  Previously the court “looked back” 5 years to determine if the Defendant had a previous conviction.  If so, the penalty for each subsequent conviction was enhanced.  Due to the recent legislation, the court can now look back 20 years for any prior conviction and enhance the sentence if the court finds a prior conviction within that time period.  

I recently represented a gentlemen on an OVI felony case.  Why?  On the day of the incident, my client was drinking at his girlfriends home. While driving home, he was stopped for weaving and the officer smelled alcohol his breath.  He was subsequently arrested for OVI and asked to submit to a breathalyzer test.  He refused.  My client thought he was safe as he had not been convicted of an OVI offense for over 6 years.  Unfortunately, he did not know about the new law. He had been convicted of three prior OVI’s prior to that time.  Therefore, because of his refusal, he now faced a felony due to having his fourth OVI in 20 years!

Therefore, if you had a conviction within the last 20 years, you must think twice about refusing.