Are Roadside Breath Tests Covered by Implied Consent?

No. Portable roadside breath tests are not part of Ohio’s implied consent scheme because they are less reliable. If breath testing is requested after arrest, it should occur in a controlled or clinical setting and follow specific protocols.

What Happens If I Refuse a Post‑Arrest Chemical Test?

Refusing a post‑arrest chemical test triggers an Administrative License Suspension (ALS) that is separate from any criminal OVI penalties. Prosecutors may also use your refusal as evidence suggesting consciousness of guilt, and prior OVIs or refusals can increase consequences.

What’s the Difference Between an ALS and a Court‑Ordered Suspension?

An ALS is an administrative BMV suspension imposed at or after arrest for refusal or test failure and takes effect immediately. A court‑ordered suspension is imposed by a judge upon OVI conviction. Depending on the case, they may run concurrently or consecutively.

Can I Get Limited Driving Privileges During an ALS?

Often, yes. Depending on eligibility and the case facts, a court may grant limited driving privileges for work, school, medical care, childcare, or treatment. Timing and conditions can include ignition interlock or monitoring requirements.

What Are My Options If I Already Refused?

You may challenge the ALS via a timely appeal, seek a stay of the suspension or limited driving privileges, and build a merits defense targeting probable cause, field testing, observations, and any subsequent testing procedures.

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Refusal of OVI / DUI Test in Columbus, OH

Q: Do Implied Consent Rules Apply Before I’m Arrested?

No. Ohio’s implied consent law applies only after a lawful OVI arrest with probable cause. Roadside portable breath tests (PBTs) are not mandatory under implied consent, and declining a PBT is different from refusing a post‑arrest chemical test.

Q: What Tests Can Be Required Under Implied Consent?

After a lawful OVI arrest, officers may request a chemical test of breath on an approved station device, a blood draw at a medical facility, or a urine sample. Each test must follow strict procedures and chain‑of‑custody rules.

Q: How Long Will I Lose My License If I Refuse?

A first refusal usually results in a one‑year ALS; a second refusal within ten years is two years; a third is three years; and a fourth or subsequent refusal is five years. After the suspension, a $475 reinstatement fee and other conditions may apply.

Q: Is It Worth Refusing a Chemical Test?

Usually not. Even without a BAC number, prosecutors can rely on other evidence such as driving behavior, officer observations, field sobriety performance, video, and statements. Refusal often adds another piece of incriminating evidence and leads to an immediate ALS.

Q: Can the Police Force a Blood Draw If I Say No?

In certain circumstances, yes. If there is a serious crash with injuries or death, or if officers obtain a warrant, they may use reasonable force to obtain a blood sample. Your refusal can still trigger an ALS and may be used as evidence.

Arrested for OVI in Columbus? What you decide about chemical testing can affect your license, your record, and your case. Call LHA today for a free consultation with an experienced DUI Lawyer: (614) 500-3836

Ohio Implied Consent Laws: Refusals, Suspensions & Your Options

Being pulled over for suspected drunk driving in Ohio is one of the most stressful experiences a driver can face. The flashing lights, the officer’s questions, and the threat of losing your license or even going to jail can leave you feeling overwhelmed. Ohio’s implied consent law is one of the most critical aspects of an OVI (Operating a Vehicle Impaired) arrest. This rule requires drivers to submit to chemical testing for BAC if law enforcement has probable cause to believe you’re impaired.

Refusing a chemical test might seem like a way to protect yourself, but the reality is far different. Refusal comes with automatic license suspensions, fines, and long-term consequences that may be just as damaging as an OVI conviction.

If you’ve been arrested for DUI / OVI or refused a BAC test in Columbus, Dublin, or anywhere in Franklin County, you need to act quickly. At Luftman, Heck & Associates, our experienced Columbus DUI lawyers know how to challenge the evidence, protect your rights, and fight for the best possible outcome. Call (614) 500-3836 for a free consultation and immediate legal guidance.

What Ohio’s Implied Consent Law Actually Requires

By driving on Ohio roads, you agree that after a lawful OVI arrest with probable cause, you will submit to a chemical test—typically conducted at a precinct or hospital—to measure alcohol or drug concentration. The most common post‑arrest tests are:

Breath test (station-based): Performed on an approved device under controlled conditions.
Blood test: Drawn by medical personnel with strict collection and chain‑of‑custody rules.
Urine test: Often used in suspected drugged driving cases.

Roadside Breath Tests Are Not Covered

Ohio’s implied consent statute does not require you to take portable roadside breath tests (PBTs). As explained in our guide to breathalyzer breath tests, handheld devices are less reliable and generally not part of the formal implied‑consent testing scheme. If breath testing is requested after arrest, it should occur in a clinical or controlled setting and follow strict procedures.

What Happens If You Refuse a Post‑Arrest Chemical Test?

Refusing a post‑arrest chemical test is a separate violation of Ohio’s implied consent law. While the refusal itself is typically a misdemeanor, the practical consequences are significant and immediate:

Administrative License Suspension (ALS): Imposed on the spot, independent of any criminal OVI conviction.
Use of Refusal as Evidence: Prosecutors may argue refusal suggests consciousness of guilt.
Longer Look‑Back Risk: Prior OVI convictions or refusals can lengthen suspensions and increase penalties.

ALS Duration for Refusals

1st refusal: 1‑year suspension
2nd refusal (within 10 years): 2‑year suspension
3rd refusal (within 10 years): 3‑year suspension
4th or subsequent refusal: 5‑year suspension

These are baseline ranges. If you also have an OVI conviction on your record, the ALS can be longer. After the suspension ends, you must pay a $475 reinstatement fee to the BMV to get your license back, and additional conditions (like SR‑22 insurance or ignition interlock) may apply.

Is It Worth Refusing a Chemical Test?

In most cases, refusal creates more problems than it solves. Even without a BAC number, prosecutors can rely on other evidence—driving behavior, officer observations, field sobriety performance, body‑cam or dash‑cam, and statements—to pursue an OVI conviction. They may also use your refusal to argue that you believed you would fail.

There are narrow scenarios where refusal might be considered, but they are fact‑specific and risky. Moreover, officers can use reasonable force to secure a blood draw in serious crashes or where a warrant is obtained. The better path is to speak with counsel immediately to evaluate the specific facts and preserve defenses.

ALS vs. Court‑Ordered Suspensions

Administrative (ALS)

Issued by BMV at/after arrest for refusal or test failure
Takes effect immediately
Can be appealed on procedure, probable cause, or defects

Court Suspension

Imposed by a judge upon OVI conviction
Length depends on offense level and priors
May run concurrently or consecutively, case‑dependent

A prompt ALS appeal can be critical. We examine the stop, arrest, warnings provided, test request, and paperwork for errors that could terminate or stay the suspension.

Your Options If You Already Refused

Challenge the ALS: File a timely appeal; scrutinize the BMV 2255, the warnings, and compliance with testing protocols.
Seek a Stay or Privileges: Depending on eligibility and facts, the court may stay the ALS or grant limited driving privileges for work, school, and medical needs.
Build a Merits Defense: Attack probable cause, field testing, observations, and the reliability of any subsequent testing.

Read the Consequences of Refusing a DUI Test in Columbus, Ohio

How Our OVI Defense Team Helps

Rapid Response: Immediate guidance following arrest to avoid common pitfalls.
ALS Strategy: Appeal/stay requests; privilege motions backed by documentation.
Testing Review: Procedure, device maintenance, medical handling, and chain‑of‑custody audits.
Suppression Motions: Challenge stop, arrest, warnings, and test admissibility.
Negotiations & Litigation: Pursue reductions or proceed to suppression hearings and trial where warranted.

FAQs: Ohio Implied Consent & Refusals

Do Implied Consent Rules Apply Before I’m Arrested?

No. Implied consent applies after a lawful arrest with probable cause. Roadside portable breath tests are not mandatory under implied consent, and declining a PBT is different from refusing a post‑arrest chemical test.

What Tests Can Be Required Under Implied Consent?

Post‑arrest, officers may request a breath test on an approved device, a blood draw at a medical facility, or a urine sample. Each has strict protocols that, if violated, can support suppression or exclusion.

How Long Will I Lose My License If I Refuse?

Typically, one year for a first refusal, two years for a second (within ten years), three years for a third, and five years for a fourth or more. You must also pay a $475 reinstatement fee and meet any court‑ordered conditions before the BMV returns your driving privileges.

Can the Police Force a Blood Draw If I Say No?

Yes, in certain circumstances. If there’s a serious crash with injuries or death, or officers obtain a warrant, they can use reasonable force to obtain a sample. Your refusal may still be used as evidence, and the ALS still applies.

Does Refusing Prevent an OVI Conviction?

No. Prosecutors can proceed using driving behavior, officer observations, field test performance, video, and other testimony. Refusal often becomes another piece of incriminating evidence.

Can I Get Driving Privileges During an ALS?

Often, yes. Courts may grant limited privileges (work, school, medical, childcare, court‑ordered treatment). Your eligibility and timing depend on your record, the nature of the refusal, and compliance with conditions like interlock or monitoring.

Take Action After an OVI Arrest- Call LHA

You do generally have the right to refuse if you so wish, but be aware of the potential consequences of either choice. Sadly, it rarely helps to refuse a test. Under certain circumstances, you won’t even be given a choice, as an officer can use reasonable force to force you to consent (such as restraining your arms while a nurse takes blood).

Ultimately, the decision to submit to a chemical test or not is a personal one, but know you face serious consequences either way. That’s why you should consult a DUI lawyer right away in order to build a strong defense for the refusal and the OVI.

If you are arrested for an OVI, call the Columbus OVI lawyers at Luftman, Heck & Associates for a free legal consultation on your case at (614) 500-3836 today. As experienced OVI lawyers, we will fight for your rights every step of the way.