OVI Refusal in Warren

When a police officer stops a driver and believes that person might be impaired, the officer will request a breath, blood, or urine test. Before a refusal can legally take place, the officer is required to explain exactly what consequences the driver faces if they say no. This rule comes from a law known as the Implied Consent Statute, which the officer must follow precisely. You can find these requirements spelled out in Ohio’s Revised Code, Section 4511.192(B).

If a driver decides not to take the chemical test, the officer completes paperwork instructing the Bureau of Motor Vehicles to suspend that person’s driver’s license. This penalty is known as an ALS, short for administrative license suspension. How long the suspension lasts is set out in the Revised Code and depends on several factors. Keep in mind that an ALS doesn’t only apply to drunk driving situations. If a driver is caught operating a vehicle with more than the legal amount of a controlled substance in their system, their license can be suspended as well. An experienced Warren OVI attorney can explain exactly how these rules apply to your case.

Not Being Able to Take a Chemical Test Is Not the Same as a Refusal

The word “refusal” means deliberately choosing not to do something you’ve been asked to do. It requires intent—a clear decision not to cooperate. In some situations, medical issues and other conditions stop a driver from blowing enough air into the breath machine for it to register a reading. That kind of situation does not count as a refusal.

Other conditions that may prevent a driver from completing a chemical test include head injuries, such as a concussion that leaves a person confused, epilepsy, deafness, or being someone who doesn’t speak English as a first language. A knowledgeable Warren criminal lawyer can point to these factors when building your defense.

Numerous cases have moved through the court system—some reaching as high as the federal Supreme Court—that have helped clarify what does and does not qualify as a refusal to submit.

If you’ve been accused of refusing the test, you need a seasoned attorney like Sean Logue on your side. Sean can demonstrate to the court that your condition kept you from completing the chemical test and that you were willing to take it but simply couldn’t.

Chemical Test Refusal Penalties in Warren

Under Ohio law, refusing to submit to chemical testing is classified as a first-degree misdemeanor. Here’s a list of the consequences a driver can expect to encounter in this situation:

• Having an ignition interlock device installed on their vehicle, paid for out of their own pocket.
• Finishing a driver intervention program.
• Spending a minimum of three days and a maximum of six months behind bars.
• Paying fines ranging from $375 to $1,075.
• Losing their license for a period of six months to three years.

Driver intervention programs have to receive court approval. They’re usually held in hotels, last three days, and most often take place over a weekend. The goal of these programs is to teach drivers about alcohol and drugs, in hopes of preventing future OVI law violations. A skilled Warren OVI attorney can help you understand what to expect from each of these penalties.

You Need Help to Fight a Refusal to Submit

The enhanced penalties tied to a conviction for refusing chemical testing are severe, so if you’ve been accused, you need support from someone who truly understands the law, how the courts operate, and which defenses are available. A respected attorney who has represented hundreds of people accused of operating a vehicle while impaired will know exactly who to contact and how to request the records needed to prove your case. That experienced Warren criminal lawyer will also know which defenses stand the best chance of working, based on the specific details of your situation.

Regardless of who arrests you or which county or town it happens in, Sean Logue understands the strategies used by prosecutors and police. He has studied drunk driving laws and penalties in depth, and he keeps his knowledge current so he can do right by his clients. Sean will speak on your behalf throughout every stage of the legal process. The team at Youngstown Criminal Law Group is ready to stand with you.

Sean Logue is available day or night for a free initial consultation. You can reach a Warren OVI attorney by calling (330) 791-8104.