If you are facing DUI charges in Ohio, at the time you were pulled over the law enforcement officer had to have reasonable evidence or suspicion that you were operating a vehicle under the influence of drugs or alcohol. The officer likely asked you to participate in a chemical test of blood, breath or urine. Ohio law indicates that by merely having a driver’s license, you are consenting to participating in a blood, breath or urine test for the purpose of determine blood alcohol concentration. This law is called implied consent.
Implied Consent in Ohio
Implied consent is defined according to the Ohio Revised Code (ORC 4511.191) as consenting to taking a blood, breath, or urine test for the purpose of determining an individual’s blood alcohol content if they are lawfully arrested by a law enforcement officer that had probable cause to believe they had been operating a vehicle under the influence. The blood, breath, or urine test must be taken within two hours of operating the vehicle.
At the time you are pulled over for the OVI / DUI, the law enforcement officer is obligated by law (ORC 4511.192) to read the implied consent warnings. The implied consent warnings explain and detail the penalties that you will face if you refuse to participate in taking a chemical test.
Refusing Chemical Tests Consequences According to Ohio OVI Law
If you refuse to participate in a chemical test of blood, breath, urine in Ohio, you will face criminal charges. Refusing a blood, breath, or urine test in Ohio is a complicated situation in Ohio. According to the Ohio Revised Code (ORC 4511.19(A)(2)) anyone who refuses to participate after being informed of the resulting penalties for refusing to participate in a chemical test could potentially face being arrested, separate from any OVI charge.
If you have refused a chemical test in Ohio, it is advised that you consult a Cincinnati DUI attorney as soon as possible due to the complicated nature of the offense.
Penalties for Refusing a Urine Alcohol Test, Breath Test, or Alcohol Blood Test
If you are convicted for refusing chemical testing, you will be charged with a first degree misdemeanor. This charge entails serving at least three days in jail and up to a maximum of 6 months, paying a minimum fine of $375 and up to a maximum of $1,075, participating in a three day driving intervention program, a driver’s license suspension for at least 6 months and up to a maximum of 3 years, and installing an ignition interlock device in your vehicle.