OVI/DUI Refusal

Refusing to submit to chemical testing after being arrested for Operating a Vehicle Impaired (OVI) in Ohio carries serious consequences, but you still have rights and options. We provide knowledgeable and aggressive representation to clients facing OVI refusal charges, helping you navigate the complex legal landscape and protect your driving privileges.

What is an OVI Refusal in Ohio?

Under Ohio’s implied consent law, any driver lawfully arrested for OVI is required to submit to chemical testing—such as a breathalyzer, blood, or urine test—to determine blood alcohol concentration (BAC). Refusing these tests, either verbally or by non-compliance, is considered an OVI refusal. This refusal triggers automatic administrative and criminal penalties regardless of your actual BAC at the time of arrest.

Field Sobriety Tests: The Steps Before Chemical Testing

Before requesting chemical tests, officers often administer field sobriety tests (FSTs) to assess impairment. These standardized tests are designed to evaluate balance, coordination, and cognitive function. In Ohio, common FSTs include:

• Horizontal Gaze Nystagmus (HGN): The officer watches your eyes as you follow a moving object (like a pen or flashlight) horizontally. Involuntary jerking of the eyes can indicate intoxication.
• Walk-and-Turn Test: You are asked to take a series of heel-to-toe steps along a straight line, turn, and return. The officer looks for balance issues, inability to follow instructions, or stepping off the line.
• One-Leg Stand Test: You must stand on one foot while counting aloud for about 30 seconds. The officer watches for swaying, hopping, or putting the foot down.

While these tests are widely used, they can be influenced by medical conditions, physical disabilities, nervousness, poor testing conditions, or improper administration. Failing field sobriety tests often leads to the request for chemical testing.

Consequences of Refusing Chemical Tests

• Automatic License Suspension: The Ohio Bureau of Motor Vehicles (BMV) will impose an immediate license suspension—usually one year for a first refusal and two to three years for subsequent refusals.
• Criminal Charges: You can also be charged criminally for refusing to take the test. A first refusal is typically charged as a first-degree misdemeanor, punishable by fines and possible jail time.
• Evidence in Court: Prosecutors may use your refusal as evidence of guilt during the OVI criminal case.
• Impact on Plea Negotiations: Refusal often complicates plea deals, potentially leading to harsher penalties.

Defending Against OVI Refusal Charges

Despite the serious consequences, a refusal charge can be challenged. Our attorneys examine the circumstances of your arrest and test refusal to identify potential defenses, including:

• Whether the arresting officer properly informed you of your implied consent rights.
• Whether you were lawfully arrested with probable cause.
• If proper procedures were followed in requesting the test.
• Possible medical or emergency conditions that prevented compliance.
• Improper or flawed administration of field sobriety tests that led to the test request.

Why You Need an Experienced Ohio OVI Attorney

The consequences of an OVI refusal can be severe, but each case is unique. Our legal team is well-versed in Ohio’s refusal laws and administrative procedures. We aggressively advocate to reduce or dismiss charges, challenge license suspensions, and minimize the impact on your driving privileges.

If you’ve been charged with refusing a chemical test in Ohio, don’t wait. Contact us today for a confidential consultation and expert defense tailored to your case.