I’m explaining the confusing world of DUI breath tests and answering one of the most common questions I get: should you take a breathalyzer if police stop you?

Based on real questions from listeners and my own experience as a lawyer, I'm breaking down the concept of “implied consent”—that idea that just by driving in Ohio (and most other states), you’re agreeing to breath testing whether you realize it or not.

I explain what really happens if you refuse to take a breath test, clear up some common myths, and get into the details of how the law treats your so-called “right” to refuse.

Whether you might face this situation yourself or you just want to understand how these laws work, I’m here with practical advice and smart legal insight.

Here are 3 key takeaways for anyone who drives:

• Implied Consent is Real

When you get a driver’s license, you’re implicitly agreeing to submit to breath tests if stopped by law enforcement—not just in Ohio, but across much of the U.S.

• You Can Refuse, But There Are Consequences

Refusing a breathalyzer isn’t as simple as just saying “no.” In Ohio, for example, refusal leads to an immediate administrative license suspension—the officer can literally take your license on the spot.

• It’s About Evidence & Risk

While refusing a test may keep law enforcement from getting direct evidence, it doesn’t mean you avoid penalties. The decision to submit or refuse is nuanced and should factor in both the legal and practical consequences.

Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high-publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

Mentioned in this episode:

Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

In this episode, we are discussing what they never teach you in law school—how the real world of law clerkships really works. Joining me is Troy Hendrickson, my resident law clerk and a current law student, who brings his own fresh experiences to the table.

Together, we break down what it actually means to be a law clerk—beyond the fancy titles—and get honest about pay expectations, resume-boosting positions, and the difference between big firm opportunities and the invaluable, hands-on education you get in a smaller practice like mine. We talk money, motivation, government jobs versus the private sector, and why sometimes the most valuable lessons don’t come with the biggest paychecks.

If you’re in law school, just starting your legal career, or simply curious about what a clerkship looks like on the ground, you’ll want to hear this conversation.

Key Moments

00:00 "Law School vs. Real-World Practice"

03:53 Avoided Big Law Temptations

08:34 Law Salary Expectations Disparity

12:10 Pre-Internet Problem-Solving Skills

14:29 "Mastering Skills Through Experience"

17:25 Paralegals: Efficient Alternatives in AI

19:40 Value Learning Over Initial Pay

22:53 "Law School's Economic Lessons"

Here are my top three takeaways:

• The Prestige and the Pay Are NOT Equal: Big Law may pay top dollar for summer clerks, but not every opportunity is a financial windfall—and often, the most prestigious or educational clerkships pay the least. Don’t overlook the value of experience for resume-building, even if the paycheck is modest.
• The Real Learning Starts Outside the Classroom: Most of the practical skills that make you valuable in a law practice—drafting, filing, firm workflow—aren’t taught in law school. You’ll learn by doing, often starting with the “menial” work that teaches the business from the ground up.
• Focus on the Experience (Not Just the Dollars): Especially in smaller firms or government settings, you might earn less, but the breadth of hands-on work and real legal training can set you apart. As Steve pointed out, the value of an opportunity isn’t always reflected on your paycheck—and sometimes, learning how things really work is worth more than a few extra bucks an hour.

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

Mentioned in this episode:

Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in...

I’m Steve Palmer, and today I’m answering a great question sent in by Nancy from Ohio. Her son was arrested for OVI—even though his breath test was 0.07, which is below the state’s legal limit of 0.08. How is that possible?

In this episode, I’ll clear up the confusion around Ohio’s OVI laws, explain the difference between “impaired” and “per se” charges, and share how prosecutors build their cases even when the numbers seem to be in your favor.

I’ll also talk about why having a lawyer on your side is essential when facing an OVI or DUI charge. If you’ve ever wondered about what the “legal limit” really means or how law enforcement handles these cases, you’ll want to listen in.

Here are 3 key takeaways from the conversation:

• Two Ways to Be Charged:

In Ohio, you can be charged with OVI either by exceeding the legal limit (‘per se’ at 0.08 BAC for adults) OR by showing signs of impairment, regardless of your BAC.

• Impairment Can Trump the Numbers:

Even if your BAC is under 0.08, evidence such as slurred speech, poor field sobriety results, or an unsteady demeanor can still result in charges if law enforcement believes you are impaired.

• Legal Nuances Require Expertise:

Defending an OVI charge—even with a low BAC—can be complex. Legal limitations may prevent simply using the breath test result as a defense without expert testimony.

Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high-publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

Mentioned in this episode:

Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com