Ohio OVI Attorney Blog
In Ohio, individuals arrested on suspicion of drunk driving (OVI) often face the conundrum of whether to submit to a breathalyzer. To answer the question of whether you should refuse a breath test, it is important to understand the penalties for a refusal compared with those associated with blowing over the legal limit of 0.08%. The penalties in Ohio are as follows:
OHIO ADMINISTRATIVE LICENSE SUSPENSION PENALTIES
OFFENSE(S) IN PAST 6 YEARS TEST FAILURE 0.08% + TEST REFUSAL
FIRST OFFENSE 90 Days Suspension One Year Suspension
SECOND OFFENSE One Year Suspension Two Year Suspension
THIRD OFFENSE Two Year Suspension Three Year Suspension
FOURTH OR GREATER Three Year Suspension Five Year Suspension
As you can see from the above chart, much depends on how many prior offenses an individual has in the previous six years. For an individual with no priors in the previous six years, the consequence of a refusal is an automatic one-year license suspension even if the individual is ultimately found not guilty of OVI. Also, the refusal stays on the individual’s driving record for 20 YEARS! That means if the individual picks up another OVI in that 20-year period, the penalties for that OVI are enhanced. In short, there are very real consequences for refusing to submit to a breath test. Bear in mind, however, that you SHOULD NEVER SUBMIT TO FIELD SOBRIETY TESTS, AS THERE IS NO PENALTY FOR REFUSING TO DO SO.
On the other hand, a person who has no prior OVIs and who has a blood alcohol concentration of 0.17% or greater faces a mandatory minimum three-day jail sentence if found guilty of OVI. So, if that individual were to refuse the breath test and the police do not obtain blood via a search warrant (which they will in some counties), the individual would only be facing a simple OVI that does not carry a mandatory three-day jail sentence. Therefore, it is sometimes in an individual’s best interests to refuse a breath test.
Given the complexity of these issues, it is vitally important to retain aggressive and experienced OVI counsel. Call the Brown Law Office at 330-601-0101 for a free OVI consultation.