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DUI & Criminal Defense
Former Prosecutor Joe Patituce

Can your refusal to take the breath test in Cleveland, Ohio, be used against you?

Absolutely.  If you refuse a breath test, urine test, or blood test the prosecutor will be able to argue to the jury that your refusal is an indication of your guilt.  However, I want to point out that from a purely strategic standpoint it is almost always better to refuse to take any form of test that would indicate that you actually are guilty of the crime.  All of my attorneys are former Cuyahoga County Prosecutors and I can assure you that we would rather you refuse and protect yourself from conviction than hand off a seemingly easy conviction to the prosecutors.

While a refusal can be used against you, the prosecutor has to actually prove you were intoxicated.  This is measurably harder to do than prove that your blood alcohol level was over a certain number.  And why is that?  Well for starters everyone has a different way of exhibiting intoxication – some people have a high level of tolerance that makes it harder to manifest actual impairement, other people have a very low tolerance.  A skilled Cleveland DUI Attorney can protect you from a conviction after you have refused a breath test.

When you refuse a breath test the prosecutor is forced to rely upon other evidence that the general public does not find as reliable as a breath test.  An example of this are the field sobriety tests, and these tests are not reliable at all.  For instance, the National Highway Safety Transportation Administration (NHTSA) is the group that has spent millions of dollars putting together and studying the field sobriety tests.  In their 2007 publication on one of the three main standardized tests they revealed that in some cases the officers conducted the tests were wrong an amazing 52% of the time.  Most officers, most prosecutors, and most judges are not aware of this.  This is why it is important to hire a DUI attorney to defend you from these charges that actually practices DUI defense.

Call us at (440) 471-7811 for a pressure free, no obligation, consultation with one of my Cleveland DUI Attorneys.  Ask to speak to me, Joe Patituce, about your case and I will gladly review all of the relevant facts with you.  Your call is important and if I decide to take your case on all of my attorneys and staff will immediately begin working on your case for you.  I personally handle every important aspect of each DUI client represented by my Firm in Cleveland, Ohio.

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