Originally Posted by
citation35hf
If you said or did nothing, In Indiana, that would be refusal and you would be arrested for refusal. And I am not debating whether or not drivers with convictions must submit to chemical tests, that's another topic in itself and irrelevant.
Your previous post when you walked us through a dui arrest, mentioned having a warrant issued for blood sample. In OH, unless you've been convicted twice of dui, you don't have to submit to the test. In fact, you don't have to submit to any test (roadside, portable, etc.) The deck is stacked against you from the start. I'll invoke my right to an attorney before I say or do anything the moment the officer asks whether I've had anything to drink. Fine, I'm arrested for refusal. I'd rather have the attorney before the process begins rather than after the evidence has been collected. You're gonna be arrested regardless.
Maybe during this event, procedure has been compromised. They are in many cases. I would try to contain the damage by limiting the evidence. According to one expert in OH dui law, OH only requires calibration of breathylizers once per week. I'd rather face a judge with the cop's subjective opinion and my subjective opinion. I think the odds are better that way. If you have to plea, then so be it.