In Ohio, refusing a breathalyzer test can come with consequences such as a license suspension and possible jail time depending on if the individual has prior OVIs.
When a driver is suspected of driving under the influence, the officer will request that the individual submit to a field sobriety test. There is no penalty for refusing the field sobriety test.
Next, the officer will likely ask you to submit yourself to a breathalyzer test to analyze the level of alcohol in the suspects blood (BAC).
In Ohio, if you have no prior OVI offenses, you may refuse the breathalyzer test. However, if you fail or refuse these breathalyzer test, the officer will arrest you and place your license on an Administrative License Suspension. There is limited time to appeal the suspension and once it is in effect, the license is suspended for a year. There is still an opportunity to seek driving privileges while under the Administrative License Suspension.
Even if you refuse a breathalyzer, the state can still charge you with an OVI, although refusing the test may make successfully prosecuting your case very difficult.
If you have prior OVI offenses within the last 20 years, refusal of the breathalyzer test may result in a jail sentence of up to 6 days as well as other possible penalties.
If you or a loved one has been charged with an OVI it is paramount to get in touch with an attorney that specializes in those matters.
Please contact one of our attorneys that specializes in OVI defense today to set up a free consultation.