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What Happens if I Refuse to Submit to a Blood or Breath Alcohol Test?

Home|Blog|DUI / OVI|What Happens if I Refuse to Submit to a Blood or Breath Alcohol Test?

If you have a driver’s license in Ohio, then you know that the possession of a license means that you have a responsibility and an obligation to drive safely and within the parameters of the law. What you might not know, however, is that by virtue of your license, you have given your implied consent to submit to a blood or breath alcohol test if you are requested to do so by a police officer. If you refuse to give your consent, there could be consequences. Here’s what you need to know:

Implied Consent – What’s That?

As briefly touched upon above, implied consent is something that all drivers in Ohio have given the state, and refers to an implicit agreement between a driver and the state that, if the driver is pulled over, they will submit to an officer’s request for blood, breath, or urine alcohol and drug testing.

What If I Don’t Consent to a Blood, Breath, or Urine Test?

Just because you have given your implied consent by virtue of you having a driver’s license does not mean that the police can force you to submit to testing. In fact, you have the right to say no, and refuse to give your consent when you are asked to submit to a drug or alcohol test. However, if you refuse to submit to testing, there will be consequences.

For a first time refusal, your driver’s license will be suspended for one year. For a second refusal, the suspension period increases to two years, and for a third, to three years.

Is There Any Benefit to Refusing to Take a Test?

Whether or not there is any benefit to refusing to take a blood, breath, or urine suspension test is dependent upon your situation. If the prosecution has enough other evidence against you to prove that you were operating your vehicle while intoxicated, then submitting to a test may be within your best interest. If it would be very, very difficult for the prosecution to prove that you were drinking and driving without the results of a breathalyzer test, then facing a license suspension instead of a DUI/OVI charge may be preferred.

How Our Experienced OVI Attorneys at The VanNoy Firm Can Help

At the offices of The VanNoy Firm, our experienced Ohio OVI attorneys can help you to understand your options if you have refused to consent to blood, breath, or urine testing after being stopped by an Ohio officer. Implied consent laws and your rights following an OVI charge can be difficult to understand – contact our attorneys for a knowledgeable advocate who is prepared to work hard to defend you.

To learn more about your rights following an OVI charge in Ohio and what your options are for defending yourself against such charges, contact our law firm today. You can get in touch with us by filling out the form found on our website, or you can call our offices directly.

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About The Author

Anthony S. VanNoy

Trial Attorney

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