OVI Refusal in Warren, Trumbull County, Oh

Understanding the Basics

When a police officer pulls someone over and suspects intoxication, they will request the driver to take a breath, blood, or urine test. The officer is required to inform the driver about the consequences of refusal for it to be a valid refusal. This is governed by the Implied Consent Statute, detailed in Ohio’s Revised Code, Section 4511.192(B).

Consequences of Refusing a Chemical Test

If a driver refuses to take the chemical test, the officer will complete paperwork notifying the Bureau of Motor Vehicles to suspend the driver’s license. This type of suspension is known as an ALS, or administrative license suspension. The duration of this suspension is specified in the Ohio Revised Code and depends on various factors. It’s important to note that an ALS can also occur if a driver is found with more than the legal limit of a controlled substance in their blood, not just due to alcohol.

When Inability to Take a Chemical Test Is Not a Refusal

“Refusal” is defined as intentionally not performing a requested action. It implies a deliberate intent to ignore the request. However, certain medical or other conditions might prevent a driver from providing an adequate breath sample. This does not count as a refusal.

Examples of Conditions That Prevent Compliance

• Medical Conditions: Issues like head trauma, such as a concussion, epilepsy, or other medical conditions, might inhibit the ability to comply.
• Language Barriers: Being deaf or not a native English speaker can also create misunderstandings that lead to perceived non-compliance.

Several court cases, including those that have reached the federal Supreme Court, have helped clarify what constitutes a refusal to submit to testing.

Need Legal Assistance?

If you’ve been accused of refusing to submit to a chemical test, you need an experienced Warren OVI attorney like Sean Logue. Sean can demonstrate to the court that your condition prevented you from taking the test and that you were willing but unable to comply.

Penalties for Refusing Chemical Testing in Warren, Trumbull County, Ohio

In Ohio, refusal to submit to chemical testing is classified as a first-degree misdemeanor. Below are the potential consequences:

• Ignition Interlock Device: Installation at the driver’s expense.
• Driver Intervention Program: Completion of a court-approved program.
• Jail Time: Serving a minimum of three days and up to six months.
• Fines: Ranging from $375 to $1,075.
• License Suspension: Lasting from six months to three years.

Driver Intervention Programs

These court-approved programs are generally held in hotels over three days, typically on weekends. They aim to educate drivers about the dangers of alcohol and drugs to prevent future violations of OVI law.

Getting Help to Fight a Refusal Charge

Due to the severe penalties associated with a conviction for refusing to submit to chemical testing, obtaining legal assistance is crucial. An experienced Warren criminal attorney who understands the law, court processes, and available defenses will know how to gather evidence and build a strong case.

Sean Logue has extensive knowledge of drunk driving laws and penalties. He maintains up-to-date training to better assist his clients. Familiar with the strategies used by prosecutors and police across various counties and towns, Sean will advocate for you throughout the legal process. Sean Logue is available 24/7 for a free initial consultation. Reach him at (330) 992-3036.