If the courts convict you of operating a vehicle while under the influence (OVI) in Ohio, it carries severe consequences, including a six-month license suspension. To help prove a driver is under the influence of drugs or alcohol, officers often rely on screening devices, such as breathalyzers. However, refusing to take the test will impact your driver's license and your OVI defense. Below is more information about what you should know regarding your legal rights. 

Ohio's OVI Screening Processes

There are two main screening processes: preliminary alcohol screening (PAS) and a chemical test. The former takes place before an official arrest, usually involving a breathalyzer at the scene. Alternatively, the police may conduct a field sobriety test, which involves balance and comprehension exams.

Chemical tests determine a person's exact blood alcohol level. Typically, they only take place after an OVI arrest and involve screening the driver’s blood or urine. This is more accurate than a breathalyzer and produces documentable evidence.

Consequences of Refusing a DUI Screening

Failing any of the screenings makes building an OVI defense challenging for a DUI attorney. For that reason, drivers may consider refusing the tests to protect themselves. There isn't any law that requires you to take a breathalyzer or a field sobriety test before an arrest takes place. However, an officer doesn’t need a PAS to make a formal charge. 

If you are arrested for an OVI, the situation becomes more complex. Ohio's Implied Consent requires drivers to submit to a chemical test. Refusing this results in an automatic license suspension. However, you can file an official appeal within 30 days of the charge. This will involve going to court with your attorney and proving your case.

If you're facing a DUI charge, contact James F. Bogen, Attorney at Law, to learn about your options. Since 2012, the defense lawyer has been providing legal guidance to residents across the Greater Cincinnati, OH, area. Review the firm's practice areas online. Book a personalized consultation today by calling (513) 503-7251.