March 19, 2025 | DUI
If you get pulled over for a DUI, your heart may start racing. You may be scared and think your life will turn upside down. The next thing you know, a police officer may be asking you to take a breathalyzer. So, can you refuse to take it?
The short answer is yes. You can refuse to take a breathalyzer in Ohio. However, that refusal does come with some serious legal consequences. Knowing your legal rights going into this situation can be extremely helpful if you are being investigated for an OVI (Operating a Vehicle Under the Influence of Drugs or Alcohol).
What Is a Breathalyzer?
A breathalyzer is a device used by law enforcement to measure the amount of alcohol in your system. The device measures the amount of alcohol on your breath and uses that to estimate your blood alcohol content (BAC). Officers in the field typically use a handheld version of the breathalyzer device.
Ohio law sets maximum BAC content levels as follows:
- 0.08% for drivers over 21
- 0.04% for commercial drivers
- 0.02% for drivers under 21
The portable, handheld breathalyzers are known to sometimes give inaccurate readings. The larger, permanent versions of the test are typically much more accurate.
What Happens If I Refuse a Breathalyzer?
When you are stopped under suspicion of OVI in Ohio, the officer may first ask you to perform some field sobriety tests. There are a number of different types of tests that may be conducted to assess a driver’s impairment. You can refuse these field sobriety tests without any additional penalties. The officer cannot ask you to take a breathalyzer until you are arrested.
Once under arrest, the officer may ask you to take the breathalyzer. Refusal to take the test will result in an immediate suspension of your license for at least one year. If you have refused to take a breathalyzer in the past, the suspension may be even longer, such as:
- Second Refusal: Two-year suspension
- Third Refusal: Three-year suspension
- Fourth Refusal or More: Five-year suspension
Refusing to blow can carry the penalties mentioned above regardless of the outcome of your underlying DUI or OVI charge. In some cases, these penalties are harsher than the DUI arrest itself.
For instance, a first-time DUI arrest may only result in a license suspension of 90 days. Additionally, the prosecution can use the fact that you refused the test against you when prosecuting your underlying DUI charge.
Can I Fight My License Suspension?
If you refuse to take a breathalyzer, your license is automatically suspended. However, you do have some options for appealing the suspension. You must act quickly to appeal the suspension, and you should know that the Ohio Bureau of Motor Vehicles usually upholds suspensions related to a refusal to blow.
If you are unsuccessful in challenging the suspension, you can apply for limited driving privileges after serving 30 days of your suspension. This can allow you to drive to work, school, court, or other necessary locations. An experienced Ohio DUI lawyer can help you through this process.
Should I Refuse to Take a Breathalyzer?
Whether or not you should refuse to take a breathalyzer depends on your specific situation. Some people choose to refuse to take these tests because of their unreliable nature. Additionally, if you have been drinking, the test can provide the prosecution with easy evidence to present during your DUI case.
Without the breathalyzer results, the prosecution may have to rely on circumstantial evidence to prove that you were driving under the influence. This can make their case more difficult to prove. However, they will argue that your refusal to take the test was simply because you knew you were over the legal alcohol limit.
Remember that refusal to take the test also comes with some harsh administrative penalties, such as the suspension of your license for at least one year. If you find yourself facing DUI charges, you should immediately seek the help of an experienced DUI lawyer. Waiting too late to seek help can allow some deadlines for appeal to pass, and this can cause you to lose some of your legal rights.
Contact the Dayton Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (937) 531-0435 or visit us at our Dayton Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Dayton
130 West Second Street #17-129
Dayton, OH 45402
United States
