Ohio’s Implied Consent Statute

After you are arrested for OVI (Operating a Vehicle Impaired, previously known as “DUI”) in Ohio, the arresting officer will request that you take a breath, blood, or urine test. Under Ohio law, driving in the state means you have already agreed to submit to these chemical tests. Refusing the test results in certain consequences, such as an Administrative License Suspension (ALS).

Conditions for a Valid Refusal

To qualify as a “refusal,” the officer must strictly adhere to Ohio’s implied consent statute, outlined in Ohio Revised Code (ORC) Section 4511.191. This statute stipulates that by driving, you have implicitly consented to a breath, blood, or urine test to determine your alcohol content.

When pulled over for OVI, the arresting officer must read the implied consent warning from ORC 4511.192. Refusing the test not only triggers administrative consequences but also affects your criminal case. During the trial, the prosecutor can argue that your refusal indicates you were aware of your guilt, suggesting you knew the test would reveal illegal levels of alcohol or drugs in your system.

If you are accused of refusing a breath, blood, or urine test after an OVI arrest in Youngstown, Ohio, contact an experienced Youngstown criminal attorney at Youngstown Criminal Law Group. Call today to discuss your OVI refusal case in Youngstown.

Refusal After a Previous OVI in Ohio

According to Ohio Revised Code ORC Section 4511.19(A)(2), anyone refusing to take a chemical test after being informed of the penalties and who has a prior OVI conviction within the last 20 years could face additional charges separate from the current OVI.

Legal Provisions for Repeat Offenders

Section 4511(A)(2) states:

No individual with a prior conviction or guilty plea for a similar offense within the last twenty years shall:

Operate any vehicle, streetcar, or trackless trolley in Ohio while under the influence of alcohol, drugs, or both.

After being arrested for operating the vehicle and being asked by a law enforcement officer to submit to a chemical test per section 4511.191 of the Revised Code, and after being informed of the consequences per section 4511.192 of the Revised Code, refuse to take the test.

Finding an OVI Attorney After Refusal

If you are arrested for OVI in Youngstown, OH, and refuse a chemical test after being read Ohio’s implied consent statute, contact an experienced Youngstown OVI attorney at Youngstown Criminal Law Group. We represent clients throughout Mahoning County, OH.
Call (330) 992-3036 for a free consultation.

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