Ohio’s Implied Consent Statute

Understanding Ohio’s Implied Consent Law

After an arrest for OVI (Operating a Vehicle Impaired, previously referred to as “DUI”) in Ohio, the arresting officer may ask you to take a breath, blood, or urine test. Ohio law assumes that by driving in the state, you have already consented to these chemical tests. Refusing to take the test comes with certain consequences, such as an Administrative License Suspension (ALS).

Conditions for a Valid Refusal

To classify as a valid “refusal,” law enforcement must follow the procedures outlined in Ohio’s implied consent statute, detailed under Ohio Revised Code (ORC) Section 4511.191. This statute holds that by operating a vehicle in Ohio, drivers automatically consent to chemical testing to determine their blood alcohol content or drug levels.

The Implied Consent Warning

If pulled over for an OVI, the arresting officer is required to issue an implied consent warning as described in ORC 4511.192. Refusal to take these tests carries administrative repercussions and can also impact the outcome of your criminal case. During a trial, a prosecutor may emphasize that the refusal indicates consciousness of guilt, suggesting the driver knew the test could reveal illegal levels of alcohol or drugs.

Legal Support for OVI Refusal Cases

If you’re accused of refusing a chemical test after being arrested for OVI in Cadiz, Ohio, seek professional assistance from a Cadiz criminal lawyer at Youngstown Criminal Law Group. Get in touch today to address your OVI refusal case in Harrison County.

Refusal After a Previous OVI in Ohio

According to Ohio Revised Code (ORC) Section 4511.19(A)(2), anyone who refuses to undergo a chemical test after being briefed on the penalties and who has a prior OVI conviction within the last 20 years could face additional charges beyond the current OVI charges.

Legal Provisions for Repeat Offenders

Section 4511.19(A)(2) specifically outlines the guidelines for repeat offenders, stating:

• Individuals with a prior conviction or guilty plea for a similar offense within the last 20 years may not
• Operate any vehicle, streetcar, or trackless trolley within the state of Ohio while impaired by alcohol, drugs, or a combination of both;
• After being arrested for operating the vehicle and requested by a law enforcement officer to take a chemical test under Section 4511.191 of the Revised Code, and after being properly informed of potential consequences according to Section 4511.192 of the Revised Code, refuse to take that test.

Finding an OVI Attorney After Refusal

If you are arrested for OVI in Cadiz, OH, and decline a chemical test after the officer explains Ohio’s implied consent rules, reach out to a seasoned Cadiz OVI lawyer at Youngstown Criminal Law Group. They provide legal representation to clients located in Harrison County, Ohio.

Call (330) 992-3036 to schedule a free consultation with a trusted Cadiz traffic ticket lawyer today.