OVI Refusal in Carrollton

When a police officer initiates a traffic stop and suspects intoxication, they will ask the driver to undergo a breath, blood, or urine test. It is mandatory for the officer to inform the driver about the consequences of refusal before it is classified as a formal refusal. This procedure falls under the Implied Consent Statute, which is detailed in Ohio Revised Code, Section 4511.192(B). The statute outlines the officer’s responsibilities and must be followed precisely.

If the driver refuses to take the chemical test, the officer will complete paperwork to notify the Bureau of Motor Vehicles (BMV), resulting in the suspension of the driver’s license. This suspension is referred to as an Administrative License Suspension (ALS). The duration of the suspension, governed by the Revised Code, depends on specific circumstances. An ALS doesn’t just apply to cases involving alcohol; it can also occur if a driver is found with levels of a controlled substance exceeding the legal limit in their blood.

Not Being Able to Take a Chemical Test Does Not Equal a Refusal

A “refusal” is defined as the intentional decision not to perform a requested action. It requires a clear intent to decline the request. There are instances where medical or other conditions prevent a driver from successfully completing a breath, blood, or urine test. These scenarios do not amount to a refusal.

For example, medical conditions such as head trauma (like a concussion that causes confusion), epilepsy, being deaf, or not being a native English speaker can impact a driver’s ability to comply with testing. Another example includes situations where physical incapacity makes it impossible to blow into a breathalyzer.

There have been numerous court cases, including some heard by the federal Supreme Court, that help define what constitutes and does not constitute a refusal under the law.

If you’ve been accused of refusing a chemical test, it’s critical to consult an experienced attorney like Sean Logue from Youngstown Criminal Law Group. Sean can demonstrate to the court that medical conditions or other valid circumstances prevented you from complying with the request, despite your willingness to comply.

Chemical Test Refusal Penalties in Carrollton

Under Ohio law, refusing to submit to chemical testing is treated as a first-degree misdemeanor. Below is a list of potential consequences associated with such a refusal:

• Installation of an ignition interlock device on your car, to be paid for at your expense.
• Mandatory completion of a driver intervention program.
• Jail time ranging from a minimum of three days to a maximum of six months.
• Payment of fines ranging from $375 to $1,075.
• Driver’s license suspension for a period ranging from six months to three years.

What You Should Know About Driver Intervention Programs

Driver intervention programs are court-approved and designed to educate participants about the risks and consequences of alcohol and drug use behind the wheel. These programs are typically held in hotels, span three days (generally over a weekend), and aim to reduce future OVI violations.

You Need an Advocate to Fight a Refusal Accusation

The penalties for refusing to submit to chemical testing are harsh, particularly when paired with enhanced consequences. If you’ve been accused of refusal, you’ll need an attorney who understands Ohio’s legal system, your rights, and proven defenses. A seasoned Carrollton criminal lawyer, such as Sean Logue of the Youngstown Criminal Law Group, knows how to handle cases involving refusal to submit.

An experienced attorney will gather critical records to support your case, identify legal defenses that apply to your unique situation, and advocate on your behalf.

Wherever you were arrested in Carroll County or beyond, Sean Logue is well-versed in Ohio’s OVI laws and penalties. His legal expertise is continually updated to reflect any changes in standards, ensuring his clients receive the best representation.

Sean Logue is available anytime for a free initial consultation. Call 330-992-3036 today to discuss your case with a trusted Carrollton OVI lawyer and take the first step toward resolving the matter.