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Can I Refuse to Take a Chemical Test after an Ohio OVI Arrest?


If you get arrested for an OVI in Ohio, the police officer will ask you to take a blood, breath, or urine test to determine your blood alcohol content (BAC). But do you have to take it?

According to state law, any person who operates any vehicle on public or private property is presumed to have already provided consent for a chemical test. This is known as the “implied consent” law.

Once you are under arrest, you can’t refuse a test without facing certain penalties. If you refuse the test, the officer will inform you of the consequences of that choice and ask you again to comply. If you refuse once again, your refusal will be marked on your criminal record and you are then subject to penalties.

You will lose your driving privileges for one year for a first-time refusal. You will lose your driver’s license for two years for a second-time refusal within six years. You will lose your driver’s license for three years for a third-time refusal within six years. Any subsequent refusal will result in loss of driving privileges for five years.

If you have had any prior OVI convictions, then the state will count those against you by increasing the time of suspension. In order to regain your driving privileges after your term, you must pay a $475 fine.

Keep in mind, you are able to refuse field sobriety and preliminary breathalyzer testing prior to an OVI arrest. These tests are used by law enforcement to establish probable cause and gather evidence against you.

Getting arrested for an OVI can be a stressful and confusing experience, whether it’s your first time or fourth time. The best move you can make is to obtain the legal services of an experienced criminal defense attorney. At Bridges, Jillisky, Weller & Gullifer, LLC, our Union City OVI attorney can evaluate your case, guide you through your available legal options, and develop an effective case to either get your entire case dismissed or your charges substantially reduced.

For more information, contact us and schedule and request a free consultation today.