Ohio’s Implied Consent Law

Understanding Ohio’s Implied Consent Statute

When you’re arrested for an OVI (Operating a Vehicle Impaired), which used to be called a “DUI,” in Ohio, the police officer will ask you to take a chemical test, such as a breath, blood, or urine test. Ohio law operates under an “implied consent” rule, meaning that by the act of driving within the state, you have automatically agreed to submit to these tests if requested during an OVI arrest. If you refuse to take the test, you will face consequences, including an Administrative License Suspension (ALS).

Conditions for a Valid Refusal

For a refusal to be legally valid, the officer must follow the specific procedures outlined in Ohio’s implied consent statute, found in Ohio Revised Code (ORC) Section 4511.191. This law establishes that driving in Ohio constitutes your implied consent to a chemical test to measure your blood alcohol content. A skilled New Castle criminal lawyer can examine whether the officer followed these procedures correctly in your case. If the protocol was not followed, your refusal might not be considered valid, which could significantly impact your case.

The Implied Consent Warning

If you are pulled over for an OVI, the arresting officer is required to read you the implied consent warning as detailed in ORC 4511.192. Choosing to refuse the test has both administrative penalties and can influence your criminal case. In court, the prosecutor is permitted to argue that your refusal is evidence of guilt. They may suggest that you knew a test would show illegal amounts of alcohol or drugs in your system, and that is why you refused.

Legal Support for OVI Refusal Cases

If you find yourself accused of refusing a breath, blood, or urine test after an OVI arrest in New Castle, Ohio, it is crucial to seek legal advice. An experienced New Castle DUI lawyer at Youngstown Criminal Law Group can provide the guidance you need. We encourage you to call today to discuss the specifics of your OVI refusal case in New Castle.

Refusal After a Previous OVI in Ohio

Under Ohio Revised Code ORC Section 4511.19(A)(2), there are more severe consequences for refusing a chemical test if you have a prior OVI conviction from the last 20 years. If you refuse a test after being warned about the penalties, you could face additional charges that are separate from the current OVI charge. A knowledgeable New Castle criminal lawyer can help you understand these complex regulations and defend your rights.

Legal Provisions for Repeat Offenders

Section 4511(A)(2) clearly outlines the law for individuals with a previous conviction. It states that no person with a prior OVI conviction or guilty plea within the last two decades shall:

• Operate any vehicle, streetcar, or trackless trolley in Ohio while under the influence of alcohol, drugs, or a combination of both.
• Refuse to submit to a chemical test under section 4511.191 of the Revised Code after being arrested for operating the vehicle and being informed of the consequences under section 4511.192 of the Revised Code.

Finding an OVI Attorney After Refusal

If you were arrested for an OVI in New Castle, OH, and refused a chemical test after the officer read Ohio’s implied consent statute, do not hesitate to contact an experienced New Castle DUI lawyer at Youngstown Criminal Law Group. Our team represents clients throughout Coshocton County, OH, providing robust legal defense.
Call (330) 992-3036 for a free consultation.