Implied Consent in Warren, Trumbull County, OH

Understanding Implied Consent

When you’re arrested for driving under the influence in Warren, Trumbull County, Ohio, it’s important to know that the law is not on your side when it comes to refusing chemical tests. In Ohio, if you are stopped for Operating a Vehicle while Intoxicated (OVI), the arresting officer will likely ask for a breath, blood, or urine test to measure your blood alcohol content (BAC). By merely driving on Ohio roads, you’ve already given your implied consent to these tests, as outlined in Ohio Revised Code Section 4511.191. Refusing a test triggers an Administrative License Suspension (ALS) from the Bureau of Motor Vehicles.

What Counts as Refusal

The specifics of what constitutes a refusal to undergo chemical testing are laid out in the Ohio Revised Code Section 4511.191. The arresting officer must strictly follow these guidelines for a refusal to hold up in court. When you acquired your driver’s license, you agreed to submit to these tests.

Upon being pulled over for OVI, the officer is required by law to read you the implied consent warning. Your response—whether you consent or refuse—will determine the subsequent steps.

Consequences of Refusal

Refusing a chemical test doesn’t just result in an Administrative License Suspension; there are criminal repercussions as well. The prosecutor can argue that your refusal suggests an acknowledgment of guilt, asserting that a test would have revealed a BAC over the legal limit.

Dealing with Multiple Refusals

If this isn’t your first refusal, the stakes are even higher. According to Ohio Revised Code Section 4511.19(A)(2), a second refusal in the last 20 years, if coupled with prior convictions, could lead to additional charges.

Defenses for Refusal to Submit

Although refusing a chemical test is generally a bad idea, there are circumstances where a refusal may be misinterpreted. Here are some possible defenses:

Medical Conditions

• COPD or Asthma: Individuals with respiratory issues might struggle to provide a sufficient breath sample.
• Hearing Loss: Those with hearing impairments might not fully grasp the officer’s instructions.
• Language Barriers: Non-native English speakers may misunderstand the request.

Other Issues

• Speech Impediments: Miscommunication can arise if the officer mishears someone with a speech impediment.
• Neurological Disorders or Learning Disabilities: These conditions can cause anxiety or confusion, leading to a misperception of refusal.

Legal Missteps

The arresting officer must adhere strictly to the law. Any deviation can invalidate the accusation of refusal. A detailed review of the arrest process by a well-trained Warren OVI lawyer can uncover such mistakes.

Legal Assistance

Mistakes happen, and just because the police believe you refused doesn’t mean you did. A knowledgeable Warren criminal attorney like Sean Logue can identify whether your refusal was wrongly interpreted. With over a decade of experience in OVI law, Sean Logue will review your case, analyze the evidence, and devise a defense strategy tailored to you.

Reach out to Sean Logue at (330) 992-3036 to discuss your case and start building your defense today.