OVI / DUI Defense

Refusing a Breath or Chemical Test in Ohio: What Happens Next

Declining a breath, blood, or urine test carries its own consequences under Ohio's implied consent law — separate from, and in addition to, the OVI charge itself.

Ohio's Implied Consent Law, Explained

Under Ohio's implied consent law, anyone who drives on Ohio roads is deemed to have agreed to chemical testing if lawfully arrested for OVI. Refusing that test does not make the OVI charge disappear — instead, it triggers a separate Administrative License Suspension on top of the criminal case.

Refusals also carry longer administrative suspensions than a simple failed test, and a prior refusal can increase the consequences of a later one. But a refusal is not the end of the road, and it does not prevent a strong defense.

The Administrative License Suspension a Refusal Triggers

A refusal-based Administrative License Suspension begins quickly and can last significantly longer than a suspension for a failed test. Like any ALS, however, it can be challenged — and the window to do so is short.

An appeal examines whether the stop and arrest were lawful, whether you were properly advised of the consequences of refusing, and whether the refusal was correctly recorded. Where the State got any of that wrong, the suspension can be challenged.

Refusal suspension lengths and interlock requirements changed under Liv's Law. The firm confirms the current terms and appeal deadlines that apply to your case.

Can a Refusal Case Still Be Won?

Yes. Without a chemical test result, the State often has to prove impairment through officer observations and field sobriety tests — evidence that is far more subjective and far more open to challenge than a breath number.

The firm scrutinizes the reason for the stop, the administration of any field sobriety tests, and the officer's conclusions. In many refusal cases, that pressure leads to a reduction or dismissal.

Frequently Asked Questions

Questions People Ask Us

Is it better to refuse the breath test in Ohio?

There's no one-size-fits-all answer — it depends on the facts. Refusing avoids giving the State a chemical number but triggers a longer administrative suspension. Either way, an experienced attorney can build a defense; the key is to get advice quickly.

How long is the suspension for refusing a test?

A refusal-based administrative suspension is generally longer than one for a failed test, and it increases with prior refusals. Exact lengths changed under recent law, so confirm the current terms with the firm.

Can the refusal suspension be appealed?

Yes. Like any Administrative License Suspension, a refusal suspension can be challenged — but the window is short, often just days, so act immediately.

Refused a Test? You Still Have Defenses.

A refusal changes the case — it doesn't end it. Call now for a free review of your options and deadlines.