More and more Ohioans choose to refuse breath, urine, or blood tests when they get arrested for drunk driving. According to data from the Ohio Bureau of Motor Vehicles, around 83,000 Ohioans had a suspended license in 2013. 54 percent of them had refused a blood alcohol content (BAC) test, versus 46 percent who had accepted and failed said tests.
The data shows that the proportion of drivers choosing to refuse a test has been steadily increasing, despite the serious consequences of refusing a DUI test.
If you’re facing consequences for refusing a BAC test, call a Columbus DUI lawyer from Luftman, Heck & Associates at (614) 500-3836, or reach out online to schedule a free and confidential case consultation.
What Happens if You Refuse a BAC Test in Ohio?
Like most states, Ohio has an implied consent law. This means that your driver’s license will get suspended if you refuse to take a blood, breath, or urine test after being legally arrested for driving under the influence. This administrative penalty is independent of any criminal charges you may face, and its length depends on how many prior refusals you have.
Administrative License Suspension Penalties
Driver’s license suspensions for BAC test refusals are:
- First refusal – One-year suspension
- Second refusal within six years of the first – Two-year suspension
- Third refusal within six years of the last – Three-year suspension
- All subsequent refusals – Five-year suspension
Getting Your License Back After a Suspension
A license suspension can have devastating consequences on your personal and professional life, because you will no longer be able to drive to work, to school, or to other activities. People who can prove extreme hardship because of the license suspension may qualify for restricted driving privileges, but many individuals do not qualify for this remedy.
At the end of the suspension term, you will need to pay a $475 fee to get your license reinstated.
Refusing a DUI Test with a Prior Conviction Is a Crime
If you have a prior DUI conviction, refusing a BAC test is no longer just an administrative violation—it becomes a criminal offense. Under Ohio Revised Code Section 4511.19(A)(2), refusing a chemical test after a prior conviction can result in first-degree misdemeanor charges.
Penalties for Refusing a Test with a Prior DUI
If you refuse a BAC test and have a prior DUI within the last 20 years, you may face:
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3 to 180 days in jail
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Up to $1,000 in fines
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Probation or substance abuse counseling
These penalties are in addition to any consequences from your current DUI/OVI charges. The court can and often does impose penalties for both offenses separately.
When Refusing a DUI Test Makes Sense — and When It Doesn’t
Refusing a BAC test may be helpful in certain circumstances if it denies the state concrete evidence to use against you in court. However, this strategy is risky, especially if:
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You have prior DUI convictions
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There are other indicators of impairment (field sobriety tests, dashcam footage, etc.)
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You’re unaware of the administrative penalties you’re accepting by refusing
Because of these risks, it’s important to talk with a DUI lawyer before making decisions that could affect your future.
Facing Consequences for Refusing a DUI Test? Contact Us Today for Help
Refusing a BAC test is not a good idea if you have any prior DUI convictions. In other situations, refusing the chemical test could decrease your chances of getting convicted. If you’ve been charged with drunk or drugged driving, a Columbus DUI lawyer from Luftman, Heck & Associates can help.
Call us today at (614) 500-3836, or submit a request through our online form to schedule your free, initial consultation.
Call Now (614) 500-3836