OVI Chemical Test Refusal ORC 4511(B)

Do I have a right to refuse a chemical test?

You have a right to refuse a breathalyzer, urine, and/or blood test. However, once you are arrested, a refusal may result in an administrative license suspension if the charges are warranted, subject to the court granting driving privileges. It is important to note that sometimes the charges are invalid because the officer did not follow proper procedure. At Funkhouser Law, we will fight the charges against you and determine if they were unwarranted or invalid. The length of the suspension depends on how many times a person previously refused a chemical test as outlined in the chart below.

What is the penalty for refusing a breathalyzer test?
No. of Refusal/ Offense in 10 yearsType and length of SuspensionDriving PrivilegesRestricted Plates as Condition for PrivilegesInterlock as Condition for Privileges
1stClass C (1 year)After 30 daysOptionalOptional
2ndClass B (2 years)After 90 daysOptionalOptional
3rdClass A (3 years)After 1 yearOptionalOptional
4th or more5 yearsAfter 3 yearsOptionalOptional
What should I do if I’m pulled over?

Most people are aware of the fact that they do have a right to refuse a breathalyzer test. However, not very many people are aware that they can also, and should until an attorney advises otherwise, refuse to take the field sobriety tests (Horizontal Gaze Nystagmus [pen test], Walk and Turn, and One Leg Stand). At Funkhouser Law, we recommend contacting our office to discuss this choice or, if that is not possible due to the circumstances, refusing the chemical or breathalyzer test and the field sobriety tests until you have the opportunity to speak with legal counsel.