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Understanding OVI Refusal in New Castle, Ohio
If you are stopped by police for a suspected OVI (often called a DUI) and the officer believes you are impaired by alcohol, you may be asked to undergo a breathalyzer test. It is essential to understand that before you can refuse this test, the officer is required by law, specifically under R.C. 4511.192(B), to inform you of the potential consequences of your refusal. This requirement is a component of Ohio’s implied consent law, which you agree to simply by driving on Ohio roads.
A refusal to take the breath test can result in an Administrative License Suspension (ALS). The length of this suspension is determined by legislative factors detailed in R.C. 4511.191(8). An ALS can also be enforced if a person is found operating a vehicle with illegal concentrations of a controlled substance, as specified in R.C. 4511.19(A)(1)(b) through (e).
Should you be arrested for an OVI and decline a chemical test—be it breath, blood, or urine—it is vital to get legal advice from a qualified New Castle criminal lawyer. The attorneys at Youngstown Criminal Law Group are experienced in managing these types of refusal cases.
Contact us for a free consultation to review the details of your case.
When an Inability to Comply is Not a Refusal
Not all failures to complete a substance test are considered legal refusals. A true refusal, as established in the case of Hoban v. Rice, 25 Ohio St.2d 111, 267 N.E.2d 311 (1971), occurs “when an individual’s behavior, whether through actions, spoken words or overall demeanor, clearly shows an unwillingness to take the test.”
However, if someone is physically incapable of providing an adequate breath sample, this is not a refusal because a refusal requires intent. This principle is supported by the case of Hoffer-Hodge v. Cartridge, 17162, 1998 WL 906479, at *2 (Ohio Ct. App. 1998). A skilled New Castle DUI lawyer can help determine if this applies to your situation.
Simply failing to blow hard enough into a breathalyzer is not a refusal unless it is a clear defiance of the officer’s specific instructions, as noted in Riebel v. Curry, 38 Ohio Misc. 71, 74, 313 N.E.2d 26 (1974).
The court in State v. Glasscock, 111 Ohio App.3d 371, 376, 676 N.E.2d 179 (1996), clarified that a person’s refusal is evident when their actions confirm the officer’s belief that the person was capable but unwilling to perform the substance analysis.
Potential Penalties for Chemical Test Refusal
If you are found guilty of refusing a chemical test in relation to an Operating a Vehicle Impaired (OVI) charge, you may face a first-degree misdemeanor. The penalties can be significant and may include:
- A jail sentence ranging from at least 3 days to 6 months
- Fines between $375 and $1,075
- Mandatory participation in a three-day driver intervention program
- A driver’s license suspension lasting from 6 months up to 3 years
- Required installation of an ignition interlock device on your vehicle
Hiring an experienced New Castle criminal lawyer can be crucial in navigating these potential outcomes.
Seeking Legal Help for an OVI Refusal in New Castle, Ohio
If you are arrested for an OVI in New Castle, the team at Youngstown Criminal Law Group is ready to help. We provide strong defense strategies for first-time OVI refusal cases and encourage you to discuss your charges with a knowledgeable New Castle DUI lawyer from our group.
Whether your arrest was conducted by the Coshocton County Sheriff’s Office, the Youngstown Police Department, or another local agency, we are familiar with the tactics employed by the Coshocton County OVI Task Force, particularly concerning sobriety checkpoints.
Our New Castle criminal lawyers also handle more serious charges, such as second, third, or subsequent OVI refusals. We are committed to informing you about key defense options, including those related to Ohio’s Implied Consent Statute, to ensure you have the information needed to face the charges.
For a clearer understanding of your situation or for dedicated legal representation, contact the Youngstown Criminal Law Group online or call us at (330) 992-3036 for personalized answers and a tailored defense strategy.