What happens if I refuse a breathalyzer in Ohio?

Refusing a chemical test triggers an Administrative License Suspension under Ohio's implied consent law (ORC 4511.191). Under Liv's Law (HB 37, effective April 2025), the first-refusal ALS is 1 year. Refusal can also be referenced by the prosecution at trial as evidence of consciousness of guilt. If you have a prior OVI within 20 years, the refusal itself is a separate criminal charge.

Can Ohio police force a blood test if I refuse?

Yes, with a warrant. Under Birchfield v. North Dakota (2016), warrantless blood draws are not permitted, but Ohio officers routinely obtain telephonic warrants within 20 to 30 minutes of refusal. Once a warrant is issued, the driver must submit to the blood draw; resistance can result in physical restraint and additional charges.

Does refusing a breathalyzer help my OVI case?

It depends. Refusing removes one piece of chemical evidence the State typically relies on. But it triggers a longer ALS (1 year vs. 90 days), allows the prosecution to argue consciousness of guilt at trial, and does not prevent a warrant-authorized blood draw. The decision is a strategic tradeoff that should be made with experienced defense counsel.

How long is the ALS for refusing a breathalyzer in Ohio?

1 year for a first refusal (no prior refusals in 20 years). 2 years for a second refusal within 20 years. 3 years for a third refusal. 5 years for a fourth or subsequent refusal. Reinstatement fee is $475.

Can I appeal the Administrative License Suspension after refusing?

Yes. Under ORC 4511.191(H), you have 30 days from the date of arrest to file an appeal of the ALS with the court that will handle the underlying OVI charge. Common grounds include lack of reasonable basis for the test request, failure to properly advise of implied consent consequences, and unlawful arrest. The 30-day deadline is strict.

Can I refuse a field sobriety test in Ohio?

Yes. Field sobriety tests (walk-and-turn, HGN, one-leg stand) are voluntary. Refusing them does not trigger an Administrative License Suspension on its own. The roadside portable breathalyzer (PBT) is also voluntary. The implied consent ALS applies only to the post-arrest evidentiary chemical test administered at the station or hospital.

What if the officer didn't advise me of the consequences before I refused?

The officer is required by law to read the implied consent advisement (BMV Form 2255) before requesting the chemical test. Failure to advise properly can be a defense to the ALS at the BMV appeal. Defense counsel will request the officer's body-cam and cruiser video to verify whether the advisement was given correctly.

Is refusal automatically considered a crime?

No, not on a first offense without a prior OVI. The first refusal is an administrative violation (ALS only). The refusal becomes a separate criminal charge under ORC 4511.19(A)(2) only if the defendant has a prior OVI conviction within the past 20 years.

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July 3rd, 2025

Consequences of Refusing a DUI Test in Columbus, Ohio

Categories: Criminal Defense, DUI

Consequences of Refusing a DUI / OVI Chemical Test in Ohio Refusing a chemical test at an OVI arrest in Ohio is a more complicated decision than most defendants realize. The Administrative License Suspension that follows refusal is longer than the suspension for failing the…

Ohio Marijuana OVIs: What Drivers Need to Know After Recreational Cannabis Legalization

December 20th, 2024

Ohio Marijuana OVIs: What Drivers Need to Know After Legalization

Categories: DUI, Legal Blog, Marijuana

With Ohio officially and finally legalizing recreational cannabis, the landscape for driving laws has become more intricate and, in many ways, more challenging to navigate. At Luftman, Heck & Associates, we are recognized authorities in DUI defense in Central Ohio, bringing years of experience and…

September 18th, 2024

10 Questions You Should Ask When Hiring a Columbus DUI Attorney

Categories: Central Ohio, Criminal Defense, DUI, Legal Blog, OVI, OVI / DUI

When you’re arrested for a DUI in Columbus, the stakes are high. You could lose your license, pay heavy fines, or even face jail time. That’s why selecting the right DUI attorney is crucial to building a strong defense. To help you make the best…

August 14th, 2024

Physical Control vs. OVIs in Ohio: Can Your Charge Be Reduced?

Categories: DUI

For anyone facing an OVI in Ohio, it’s natural to wonder if there’s a way to reduce the severity of your charges. Many people facing an OVI charge are not aware that, under certain circumstances, an OVI can potentially be reduced to a lesser charge,…

August 13th, 2024

What is an OVI / DUI “Look Back” Period?

Categories: DUI, Legal Blog

If you’ve been convicted of driving under the influence (OVI/DUI) in Ohio more than once, expect the penalties to become stiffer. House Bill 388 – also known as Annie’s Law – was recently signed into law, implementing a longer OVI/DUI “look back” period. If you…

August 10th, 2024

Ohio Has One of the Highest Rates of Children with an Incarcerated Parent

Categories: Central Ohio, Criminal Defense, Drug Offenses, DUI, Federal Crimes, Legal Blog, OVI

A recently released report focused on the rapidly increasing number of children in the United States with a parent in jail or prison shows that Ohio has one of the highest rates in the nation. The report was issued by the Annie E. Casey Foundation…

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