When Trumbull County Judge Ronald J. Rice flipped his car and refused a breathalyzer at the scene, it sparked debate among legal experts over whether that was a wise legal decision. Refusing a breathalyzer is within a citizen’s rights, protected by the Fifth Amendment against self-incrimination, meaning you can lawfully decline the test.
The consequence, however, is immediate and significant: an automatic one-year suspension of your driver’s license.
Local OVI attorney Damian Billak notes that if a driver is unsure about passing a breathalyzer, refusal may be the better option since submitting to the test gives prosecutors concrete evidence to use in court.
Field sobriety tests work similarly; any difficulties can strengthen the prosecutor’s case, even if you weren’t truly impaired.
Legally, refusing doesn’t guarantee avoiding charges. Officers may still use evidence such as driving behavior, observations, and other circumstances to pursue an OVI case.
In Judge Rice’s case, he was still charged with misdemeanor OVI, along with other offenses.
In summary, refusing a breathalyzer reduces the immediate evidence against you but triggers a mandatory license suspension and doesn’t make charges disappear. The decision’s wisdom depends on the specifics of the case, but many defense attorneys recommend refusal if there's uncertainty about passing the test.
To read the full case result, check out: Trumbull's Judge Rice refused a breathalyzer after flipping his car, legally, was that a smart move?