In Ohio, you can refuse to take a breath or chemical test. Law Enforcement will usually suspend your driver’s license, but that won’t be the situation of your license throughout your case. You will need to hire the best criminal defense attorney who will contest the suspension. There are five ways provided to file a Motion to Appeal your Administrative License Suspension.
Did the arresting officer:
- have reasonable and articulable grounds to believe you were operating your vehicle in violation of 4511.19.
- request you to submit to any test pursuant to section 4511.191
- advise you at the time of the arrest that if you refused to take any testing the officer could employ whatever reasonable means were necessary to ensure that you submitted to a chemical test
- inform you of the consequences of refusing to be tested or submitting to such tests
- test you to be over the legal limit.
The Bottom Line: Don’t take any tests. You will lose your license only temporarily. Although a person can refuse to submit to a chemical test for alcohol or controlled substances, it is important to note a law enforcement officer may use whatever means necessary to make the person submit to a chemical test of their whole blood, blood serum or plasma. If you have been charged with refusing to submit to chemical testing in Ohio, call me to look at the facts of your particular situation. I will do everything to avoid any repercussions and consequences to your alleged offense. 513.260.2099