Should You Refuse a Breathalyzer in Ohio?

When flashing lights appear in your rearview mirror and you're suspected of driving under the influence, one critical decision looms: should you submit to a breathalyzer test or refuse it? This choice can significantly impact both your immediate future and long-term consequences under Ohio law. Understanding the legal framework and potential outcomes is essential for making an informed decision.

Ohio's Implied Consent Framework

Ohio operates under an implied consent system, meaning that by driving on Ohio roads, you automatically consent to chemical testing if arrested for Operating a Vehicle under the Influence (“OVI”). Under Ohio law, any person who operates a vehicle within the state is deemed to have given consent to chemical testing of their blood, breath, or urine to determine alcohol or drug content.

The testing process involves specific procedural requirements. Law enforcement officers must provide proper advisement regarding the consequences of both refusing and submitting to testing. This advisement must be given in writing and read aloud to the arrested person, with witnesses present to certify the process.

Understanding OVI Charges: Impaired vs. Per Se

Ohio recognizes two distinct types of OVI charges that can arise from the same incident. The impaired charge under R.C. 4511.19(A)(1)(a) prohibits driving while impaired by alcohol or drugs, regardless of specific blood alcohol concentration. Per se charges under R.C. 4511.19(A)(1)(b) through (j) prohibit operating a vehicle with specific concentrations of alcohol or drugs in your system.

For alcohol-related offenses, Ohio establishes different tiers of violations. Low-tier offenses involve blood alcohol concentrations of .08 or more but less than .17. High-tier offenses involve concentrations of .17 or above. These distinctions carry different penalties and consequences.

Consequences of Taking the Test and Testing Above the Legal Limit

If you submit to chemical testing and the results show a blood alcohol concentration at or above .08, several immediate consequences follow. The Ohio Bureau of Motor Vehicles will impose an Administrative License Suspension ("ALS") for 90 days. During the first 15 days of this suspension, no driving privileges can be granted. This period is commonly referred to as “hard time.” After this initial period, you may petition for limited driving privileges.

Testing above the legal limit provides prosecutors with additional evidence for conviction and allows them to file both impaired and per se charges against you. If your blood alcohol concentration reaches .17 or higher, you face enhanced penalties, including doubled minimum jail time from three days to six days.

Upon conviction, courts can impose license suspensions ranging from six months to three years. If you are found not guilty of the OVI charges or the per se charge is dismissed, the administrative license suspension for a test failure is terminated.

Consequences of Refusing Chemical Testing

Refusing to submit to chemical testing triggers different but equally serious consequences. The Bureau of Motor Vehicles will impose a one-year administrative license suspension, with no eligibility for limited driving privileges during the first 30 days. This "hard time" period is longer than that imposed for test failure.

While refusal prevents prosecutors from filing per se charges based on specific blood alcohol concentrations, you still face potential conviction for impaired driving. Prosecutors must rely on other evidence, including your driving behavior, performance on field sobriety tests, and officer observations of impairment.

Importantly, if you're found not guilty of OVI charges after refusing testing, the administrative license suspension remains in effect. This differs from test failure cases, where acquittal terminates the ALS.

For individuals with prior OVI convictions within 20 years, refusal to submit to testing can serve as an element to enhance criminal charges. Ohio law specifically prohibits individuals with prior convictions from both operating under the influence and refusing chemical testing.

Legal Challenges and Evidentiary Limitations

Ohio law significantly restricts defendants' ability to challenge the reliability of breath testing instruments. In State v. Vega, the Ohio Supreme Court held that defendants may not make general attacks on the reliability and validity of approved breath testing instruments. Many Ohio courts have interpreted this precedent to prohibit virtually any defense regarding breath test accuracy.

This limitation makes Ohio unique among states in preventing OVI defendants from challenging the general scientific reliability of breath testing. The restriction has historically influenced defense attorney recommendations, often favoring refusal over submission to testing.

However, defendants retain the right to challenge specific aspects of their test results, including the competency, admissibility, relevancy, authenticity, and credibility of chemical test results. These challenges must focus on the specific circumstances of the individual test rather than general reliability of the testing method.

Factors Influencing Your Decision

Several factors should inform your decision whether to submit to or refuse chemical testing. Your prior OVI history plays a crucial role, as individuals with previous convictions face enhanced penalties and additional legal restrictions. For repeat offenders, refusal may trigger both administrative consequences and serve as an element for enhanced criminal charges.

The strength of other evidence against you also matters significantly. If officers observed clear signs of impairment, poor driving behavior, or failed field sobriety tests, prosecutors may have sufficient evidence for conviction regardless of chemical test results. In such cases, the decision becomes more complex and fact-specific.

Consider also that Ohio's implied consent law includes provisions for search warrants authorizing forced blood draws in certain circumstances. For individuals who would face enhanced penalties under Ohio law if convicted, officers may seek a warrant to obtain a blood sample.

Administrative License Suspension Appeals

Regardless of whether you submit to or refuse testing, you have the right to appeal any administrative license suspension. Appeals must be filed at your initial court appearance or within 30 days thereafter in the court handling your criminal case. The appeal process allows you to challenge the basis for the suspension and potentially obtain limited driving privileges.

For test refusal cases, the appeal focuses on whether you actually refused to submit to testing after proper advisement. For test failure cases, the appeal examines whether the test results accurately showed prohibited alcohol or drug concentrations.

The Importance of Legal Representation

The decision whether to submit to or refuse chemical testing involves complex legal considerations that can significantly impact your future. The consequences extend beyond immediate license suspension to include potential criminal conviction, enhanced penalties for repeat offenses, and long-term effects on your driving record and insurance.

Given the complexity of Ohio's OVI laws and the significant consequences involved, consulting with an experienced OVI defense attorney is crucial. An attorney can evaluate the specific circumstances of your case, explain the potential consequences of different choices, and develop an appropriate defense strategy.

Conclusion and Next Steps

The decision whether to take or refuse a breathalyzer test in Ohio involves weighing immediate administrative consequences against potential criminal penalties. Refusal may eliminate per se charges based on specific blood alcohol concentrations, but it triggers longer administrative license suspensions and may still result in impaired driving convictions. Conversely, testing above the legal limit provides prosecutors with additional evidence but may result in shorter initial license suspensions.

If you're facing OVI charges in Ohio, whether you submitted to testing or refused, immediate legal consultation is essential. An experienced OVI defense attorney can review the specific facts of your case, evaluate potential defenses, and guide you through both the administrative and criminal proceedings. The stakes are too high to navigate Ohio's complex OVI system without professional legal assistance.