Q: What happens if you refuse a sobriety test?

A: Refusal To Submit For An Alcohol Test

Refusing to submit for a test of your blood alcohol content (BAC) in Ohio will automatically suspend your license. There is an additional penalty that doubles the time you must wait to receive limited driving privileges.

Douglas A. Ball, Attorney at Law, will fight for you if you were cited for breath test refusal, and defend you against charges of OVI/DUI. His 25 years of experience in drunk driving defense in Clermont County and surrounding counties may be the key to preserving your freedom and driving privileges.

Know Your Rights!

Find out where you stand if you refused a breath test. Call 513-286-3530 to arrange a FREE consultation of up to 30 minutes, over the phone or in person, with Batavia lawyer Douglas A. Ball.

Breath Test Refusal: Understanding Your Rights And The Consequences

You have the right to refuse to take a chemical, urine or blood test, but under Ohio's implied consent law such actions carry license suspension as well as other possible penalties and charges. It certainly limits the state's evidence, especially if you also refuse to participate in the field sobriety tests.

A charge of refusal refers to the "official" blood alcohol test (breath, blood or urine) after you are formally arrested, usually conducted at the police station. There is no suspension or penalty for refusing the roadside Breathalyzer test, unless the arresting officer's squad car is equipped with a portable machine approved by the Director of Health (which is rarely the case).

You also have the right to refuse field sobriety tests (such as the Walk and Turn). These tests could be compromised anyway if you have physical disabilities, are older or overweight, or if they were performed under adverse conditions. Your license cannot be suspended for refusing to participate in the field sobriety tests.

We Know Your Defenses

You are only required to submit to alcohol or drug testing if you are arrested and taken into custody. Even after you've been arrested and charged, there are a multitude of ways we can help you. Our team takes cases like these very seriously, and we have a strong track record of helping our clients get themselves out of serious trouble. We take all factors into consideration and will fight for you every step of the way. For example, did the officer have probable cause to pull you over in the first place? Did the officer clearly explain Ohio implied consent law and the implications of refusal?

A: Your driver's license gets administratively suspended, and depending on the circumstances, you get arrested. If you have prior OVIs, you can face increased penalties for the refusal. But, it is still usually correct to refuse because you avoid handing the government a conviction.