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.