OVI Refusal in Cadiz

When a police officer pulls a driver over and suspects they may be intoxicated, the officer may request the driver to undergo a breath, blood, or urine test. For a refusal to be valid, the officer must inform the driver of the consequences of refusing the test. This is required under a law known as the Implied Consent Statute, which must be adhered to precisely. The details of this statute are outlined in Ohio’s Revised Code, Section 4511.192(B).

If the driver refuses to take the chemical test, the officer will complete paperwork that instructs the Bureau of Motor Vehicles to suspend the driver’s license. This suspension is known as an Administrative License Suspension (ALS). The length of the suspension is specified in the Revised Code and depends on specific circumstances. It’s important to note that ALS applies not only in cases of driving while intoxicated but also when a driver is found to have more than the legal limit of a controlled substance in their blood.

Refusal Does Not Always Mean You’re Unable to Take a Chemical Test

The term “refusal” specifically refers to a purposeful decision to not comply with a requested action. Refusal involves intent. There are cases where medical conditions or other issues might prevent a driver from providing enough air during a breath test. This does not equate to refusing the test.

Examples of conditions that might prevent someone from submitting to a chemical test include head trauma, like a concussion, that causes confusion, epilepsy, or even language barriers for non-native English speakers.

Over the years, several court cases, including federal Supreme Court cases, have refined and clarified what does and does not constitute test refusal.

If you’ve been accused of refusing to submit to a chemical test, you need an experienced attorney, like Sean Logue at the Youngstown Criminal Law Group. Sean has extensive experience as a Cadiz OVI lawyer, and he can present to the court any conditions that may have hindered your ability to take the test while proving you were otherwise willing to comply.

Chemical Test Refusal Penalties in Cadiz

Refusing a chemical test in Ohio constitutes a first-degree misdemeanor. Here’s what you could face if convicted of refusal in Cadiz or Harrison County:

• Installation of an Ignition Interlock Device on your car at your expense.
• Completion of a court-approved driver intervention program.
• A jail sentence ranging from 3 days to 6 months.
• Fines ranging between $375 and $1,075.
• A driver’s license suspension lasting from 6 months to 3 years.

Court-Approved Driver Intervention Programs

These educational programs are typically conducted in hotel conference rooms and span three days, usually over a weekend. They are designed to inform participants about the dangers of alcohol and drug use to prevent future violations of OVI laws.

Protect Your Rights Against a Test Refusal Accusation

The penalties for OVI test refusal are severe, with enhanced consequences for convictions. If you’re facing charges in Cadiz or Harrison County, you need legal representation from a Cadiz criminal lawyer who knows how to challenge the accusations and build a strong defense.

An attorney experienced in OVI cases will understand the nuances of the law, court processes, and available defenses. For example, they can uncover records, question the validity of police procedures, and demonstrate errors in the ALS process. These aspects can be pivotal in proving your case.

Sean Logue, a dedicated Cadiz OVI lawyer at the Youngstown Criminal Law Group, has defended hundreds of clients accused of operating vehicles while intoxicated. He has a deep understanding of Ohio’s drunk driving laws and continuously updates his training to stay ahead. Sean is ready to represent you, no matter where the arrest occurred or which officer carried it out. He knows the tactics used by prosecutors and police and can safeguard your rights as you go through the legal process.

Contact Sean Logue Today

If you’ve been accused of refusing a chemical test, don’t face the charges alone. Sean Logue and the team at the Youngstown Criminal Law Group are available 24/7 to assist you. Schedule a free initial consultation today by calling (330) 992-3036. With Sean’s expertise as a Cadiz criminal lawyer you’re in the best hands to secure the legal defense you deserve.