Trumbull's Judge Rice refused a breathalyzer after flipping his car, legally was that a smart move?

Judge Ronald Rice crash scene

Trumbull County Judge Ronald J. Rice got into a roll over crash in Vienna Township on Friday. At the scene he refused to take a breathalyzer test and is now charged with misdemeanor OVI.

We spoke to Canfield Attorney Damian Billak who specializes in OVI cases to clarify an individuals rights are in such a situation and the consequences of submitting or refusing a breathalyzer.

According to Billak every citizen has the right to refuse a breathalyzer which cannot incriminate them in court due to their 5th Amendment right against self-incrimination. However, it does result in an automatic one year suspension of the driver's license.

Billak reccomends that in a situation in which you are unsure of your ability to pass a breathalyzer to refuse to take the test. According to him there's no reason to provide the prosecutor with more "pieces of the puzzle" in their case against you if you're charged with OVI.

The same applies to field sobriety tests which, if taken, your performance in can be used against you in court regardless of whether or not you were under the influence in reality. 

Billak did not comment on whether he agrees with Judge Rice's decision to refuse the test stating, "Every case is truly different," but notes that there is no automatic benefit to taking a breathalyzer and failing versus refusing to take one at all.