Can You Refuse A Breath Test In Ohio?

Police officers often request a breath test when they suspect drunk driving. You might feel unsure of what to do in the moment and wonder if you can refuse. Under Ohio law, you can refuse a breath test, but it’s important to understand that doing so carries serious consequences.

This quick guide from McNamee Defense highlights your rights when a breath test is requested, the legal risks of refusing one, and how an experienced Columbus OVI lawyer can protect your rights.

Implied Consent and What It Means for You

Ohio has an “implied consent” law. That means when you drive on Ohio roads, you automatically agree to submit to chemical testing such as breath, blood, or urine tests if officers lawfully arrest you for OVI. While you can still refuse a breath test, implied consent means that your refusal can trigger automatic penalties.

Consequences of Refusing a Breath Test

Refusal does not guarantee a better outcome. In fact, it can complicate your situation both immediately and during court proceedings. Consequences of refusing a test include:

• Administrative License Suspension (ALS): If you refuse a breath test, the Ohio Bureau of Motor Vehicles will automatically suspend your driver’s license. A first-time refusal usually leads to a one-year suspension. The suspension increases with each subsequent refusal.
• Prosecutors May Use Your Refusal Against You: During court proceedings, the prosecution may point to your refusal as an indication of guilt or an attempt to hide impairment.
• Courts May Impose Harsher Penalties : Judges sometimes treat refusal as non-cooperation and order longer suspensions or increased fines if they later convict you of OVI.
• Police May Still Request a Warrant: Officers can seek judicial approval to take a blood sample even after refusal, especially if they believe you present a danger or caused an accident.

Do Field Sobriety Test Refusals Work Differently?

Yes. Field sobriety tests do not fall under implied consent, which means you can politely refuse them without facing automatic penalties. However, while your refusal may not mean an automatic license suspension, officers might still arrest you.

What To Do During a Traffic Stop

If police pull you over, it’s essential to remain calm, speak respectfully, and do the following:

• Provide your license, registration, and insurance
• Avoid admitting to the consumption of alcohol
• Decline field sobriety tests if you feel uncomfortable
• Ask to speak with an attorney before making any decisions regarding breath testing

You maintain the right to remain silent. You never need to argue, explain, or justify yourself, and in fact, doing so can prove detrimental in unpredictable ways. Simply state your request for legal counsel before answering further questions.

How an Attorney Can Help

An experienced OVI defense attorney can offer critical guidance when you’ve refused a breath test or were arrested. They can help by:

• Investigating the Stop and Arrest: Your attorney can review whether officers had probable cause to pull you over or request a breath test. If they violated your rights, your attorney may get key evidence suppressed.
• Challenging Procedural Errors : Mistakes in how the officer requested or administered a breath test, or in how the DMV processed your license suspension, can create opportunities to reduce or dismiss penalties.
• Appealing Suspensions: Your lawyer can file a petition to contest administrative license suspensions and request limited driving privileges.
• Building a Strong Defense: Your attorney can analyze field sobriety tests and officer observations to identify inconsistencies, as well as any medical conditions or environmental factors that may have skewed results, to present a compelling case in court.

Contact an Ohio OVI Defense Attorney Today

Do not hesitate to seek skilled legal counsel after an OVI arrest or breath test refusal. The team at McNamee Defense can investigate the incident and aggressively challenge improper procedures to protect your rights and seek the best possible outcome. Contact our law firm today for your consultation.