Law Offices of O'Shea & Associates Co., L.P.A.
WHAT TO DO IF ARRESTED
There is much debate among attorneys on what a person should do and not do once arrested for a DUI offense. Some attorneys are of the opinion that the DUI arrestee should never submit to any medical or medical tests which attempt to measure the presence of alcohol. These attorneys (and some judges) believe that to do so is a complete waiver of one's Fifth Amendment rights to remain silent. However, a refusal to submit to those tests will result in an automatic suspension of your driver's license - regardless of whether or not you were over the legal limit or actually under the influence. It is our firm's experience that one should always consult with an attorney before taking the test. However, given the time of day that most arrests take place (i.e. late at night) the ability to consult with any attorney will be compromised. If the delay between the request (by the police) and the time you make the decision to take the test is too long, the law will presume you have refused the test. Thus, make sure the attorney you desire to consult with has a 24 hour consult phone contact. Our firm has such a line.
The 24 hour number is either 216-470-8098 or (toll free 800-529-1966).
Address
Beachcliff Market Square
19300 Detroit Road - Suite 202
Rocky River, Ohio 44116
Phone - 24 Hour-Toll Free
(800) 529-1966
Fax
(440) 331-5401
Email
Click here
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