Can I Refuse A Breathalyzer Test?

Is chemical testing required in Ohio if you stop driving under the influence? 

Ohio’s implied consent law requires all drivers who are arrested for drunk driving to submit to chemical testing to determine their blood alcohol concentration (BAC) or the level of drug concentration in their system by taking a urine or blood sample.

You will be required to take a blood, breath, or urine test, according to the arresting officer’s discretion. The officer must explain that you’re under arrest, that you’ll lose your license if you refuse a test, and that failing a chemical test can result in jail time. In some circumstances, a police officer may use “reasonable force” to force you into testing.

Chemical testing is not required prior to a lawful arrest under the Ohio implied consent law. You might, however, be asked to take a voluntary Portable Breath Test (PBT) by some officers in order to establish probable cause to make an arrest.

A refusal to submit to testing after you are arrested for OVI has serious consequences, such as a one-year Administrative License Suspension (ALS) imposed by the Ohio Bureau of Motor Vehicles (BMV) for refusing a blood, breath, or urine test. This suspension is in addition to any suspension; the court will also impose a license suspension for your OVI conviction.

Refusing a post-arrest blood, breath, or urine test depends on the circumstances. The consequences of refusal are severe. It is possible to be convicted of an OVI charge even without BAC test results, so refusing may not help you avoid a conviction.

When you are arrested for OVI, the officer is required to read to you “word for word” the information on the back of the BMV Form 2255, which explains the consequences of taking a test, testing over or under the legal limit, refusal, and also license suspensions that can be imposed and other penalties.

If this is your first OVI charge, you should think long and hard about whether you will take a breath test. If you do and you test over the limit of.08, your license will be suspended on the spot. You will be eligible for driving privileges after 15 days, but you will not get your license back.

Should you be arrested and charged with an OVI in the state of Ohio, it’s critical that you contact a skilled Ohio DUI attorney as soon as possible. Pat Quinn, “The Ohio DUI Guy,” has over 40 years of experience and has successfully defended thousands of clients. Call us today and schedule your free case review; we will even come to you!