I am constantly asked for advice on how to “beat” a DUI.

The easiest way to do so is to not drink and drive.

In Ohio if you get 1, 2, or 3 DUIs within a six (6) year period of time they will be misdemeanors, however with increasingly harsh penalties.  A 4th DUI in six (6) years or 6 DUIs in twenty (20) years is a felony.  Also once a person has been convicted of a felony DUI any further will be a felony no matter the length of time between convictions.

I am also asked whether you should take the test or not.  There is no good answer, since depending on the court the way refusals are handled differ. Also there is an automatic one year license suspension on the first refusal.  If you’re not drunk why refuse you actually remove the evidence that you did not commit the crime.  Also over the limit low readings can be used to get reductions or dismissals.

Ohio also has a two tier system refusals and tests over .17 BAC have elevated fines, license suspensions, and jail.  It’s also been my experience that when people are looking at felony DUI charges they tend not to take the test, and they are convicted anyway.

You are permitted to request advice from counsel prior to taking the test, so ask to call and attorney.  Depending on the hour you might have success. There is no right answer in all situations.

However if you think that you will pass the test take the test.  If you are blind drunk not taking the test may be useful.  Understand there is no “right” answer.

If you are arrested and charged with a DUI you should always get a lawyer because the penalties enhance.  Hire me, Zachary B. Simonoff.