Ohio’s Implied Consent Statute

Understanding Ohio’s Implied Consent Law

Following an arrest for OVI (Operating a Vehicle Impaired, a term that replaced “DUI” in state laws) in Ohio, the police officer involved will likely ask you to submit to a chemical test of your blood, breath, or urine. According to state legislation, the simple act of driving on Ohio roads signifies your prior agreement—or “implied consent”—to undergo these tests. If you decide to decline the testing, you will face specific penalties, most notably an Administrative License Suspension (ALS).

Conditions for a Valid Refusal

For an action to be legally classified as a “refusal,” the arresting officer must strictly follow the protocols established in Ohio’s implied consent statute. This is detailed in the Ohio Revised Code (ORC) Section 4511.191. This statute clarifies that by operating a vehicle, you have implicitly consented to blood, breath, or urine testing for the purpose of measuring alcohol content.

The Implied Consent Warning

Once a traffic stop escalates to an OVI arrest, the officer is legally required to read the implied consent warning found in ORC 4511.192. Declining to take the test does more than just trigger administrative penalties regarding your license; it can also negatively impact your criminal defense. In court, prosecutors may argue that your refusal is evidence of a “consciousness of guilt,” implying you knew a test would uncover illegal levels of drugs or alcohol in your body.

Legal Support for OVI Refusal Cases

If you are facing allegations of refusing a chemical test following an arrest in Youngstown, it is crucial to seek legal counsel immediately. The team at Youngstown Criminal Law Group is ready to assist. A knowledgeable Youngstown criminal lawyer can review the details of your stop and arrest. Reach out today to discuss the specifics of your OVI refusal case.

Refusal After a Previous OVI in Ohio

The stakes are higher for repeat offenders. According to Ohio Revised Code ORC Section 4511.19(A)(2), individuals who refuse a chemical test after being warned of the consequences—and who also have a prior OVI conviction on their record from the last 20 years—may face separate charges in addition to the current OVI offense.

Legal Provisions for Repeat Offenders

Section 4511(A)(2) outlines specific prohibitions. It states that no person with a conviction or guilty plea for a similar violation within the past twenty years shall do the following:

• Operate any vehicle, streetcar, or trackless trolley within the state of Ohio while under the influence of alcohol, drugs of abuse, or a combination of the two.
• Refuse to submit to a chemical test at the request of a law enforcement officer (as per section 4511.191 of the Revised Code) after being arrested for operating a vehicle and being informed of the consequences (as per section 4511.192 of the Revised Code).

If you fall into this category, consulting a Youngstown DUI attorney is essential to understanding your rights.

Finding an OVI Attorney After Refusal

If you have been arrested for OVI in Youngstown, OH, and you refused a chemical test after the implied consent statute was read to you, contact the Youngstown Criminal Law Group. We represent clients throughout Mahoning County, OH. Call (330) 992-3036 for a free consultation with a dedicated Youngstown criminal lawyer.