In Ohio, it is unlawful to operate a motor vehicle while impaired by alcohol, drugs or both. While it is impossible to determine the exact effects of alcohol for each individual, a number of factors are relevant in determining how quickly a person’s blood alcohol concentration will rise. These include whether the person is male or female (females tend to become drunk quicker), the weight of the person, and whether they have eaten anything recently. Since determining how much alcohol will make a person drunk is difficult, it is a good idea to not drink and drive at all.

Just because you were arrested for DUI / OVI does not mean that you must suffer the consequences. As always, you can fight the DUI / OVI charges with the assistance of Attorney David Johnson of Johnson Legal, LLC. Attorney Johnson will carefully scrutinize the charges against you and challenge the evidence put forth. The police are required to follow very specific guidelines in conducting field sobriety tests and they sometimes fail to meet those requirements. Contact Johnson Legal, LLC immediately if you are arrested for DUI / OVI .

DUI / OVI Test Refusal in Ohio

In Ohio, individuals with prior DUI / OVI convictions within 20 years face additional penalties for refusal to submit to a chemical test for alcohol and/or drugs (blood, breath or urine tests). If you have a prior DUI / OVI conviction within 20 years of the new DUI / OVI offense and you refuse the chemical test, you will be charged with a separate offense called Test Refusal With Prior Conviction. This offense carries a longer mandatory jail sentence than a DUI / OVI.

Elements of DUI / OVI Test Refusal in Ohio

If you are charged with DUI / OVI Test Refusal with Prior Conviction in Ohio, the prosecutor must prove five elements:

1. The prosecutor must prove that you have a prior DUI / OVI conviction in the last 20 years;
2. You were asked by law enforcement to submit to a chemical test for alcohol and/or drugs;
3. Law enforcement properly advised you of the consequences of taking or refusing the test;
4. You refused the test; and
5. You operated a vehicle under the influence of alcohol and/or drugs.

Penalties in Ohio for DUI / OVI Test Refusal

DUI / OVI Tets Refusal in Ohio carries a mandatory jail sentence. The length of this mandatory sentence depends on the number of prior convictions within the last 6 years. The length of the mandatory jail sentence is double the mandatory jail sentence for the underlying DUI / OVI offense.

• A DUI / OVI with zero (0) prior convictions within six (6) years has a mandatory jail sentence of three (3) days. The DUI / OVI Refusal charge with zero (0) prior DUI / OVI convictions in the past six (6) years has a mandatory jail sentence of six (6) days.
• A DUI / OVI with one (1) prior conviction within six (6) years has a mandatory jail sentence of ten (10) days. The DUI / OVI Refusal charge with one (1) prior DUI / OVI conviction in the past six (6) years has a mandatory jail sentence of twenty (20) days.
• A DUI / OVI with two (2) prior convictions within six (6) years has a mandatory jail sentence of twenty (30) days. The DUI / OVI Refusal charge with two (2) prior DUI / OVI convictions in the past six (6) years has a mandatory jail sentence of sixty (60) days.

The mandatory sentences discussed above are the minimum sentences provided under Ohio law. The judge may impose up to six (6) months in jail for a first or second conviction within six (6) years. For a third conviction, the judge may impose up to a one (1) year sentence. In addition to a jail sentence, the court is required to impose a driver’s license suspension and fine, and may impose other penalties, such as yellow license plates, SCRAM, ignition interlock, probation (community control) and substance abuse counseling.

Defenses to DUI / OVI Test Refusal

Even though you have been charged with DUI / OVI Test Refusal in Ohio, this does not mean that the prosecution can prove all of the required elements. The prosecution may have difficulty proving a prior DUI / OVI conviction within 20 years. Sometimes the arresting officer improperly advises the individual of the consequences of taking or refusing the test. Other times, what the officer interprets to be a refusal does not constitute a refusal under Ohio law. Finally, the prosecution may be unable to prove that you operated a vehicle under the influence.

That last point is particularly important because refusing a chemical test in Ohio without a prior conviction is only illegal if you were under the influence. Thus, all of the defenses available to a charge of DUI / OVI “impaired” are available for a charge of Test Refusal With Prior Conviction.

Additional Ohio DUI / OVI Information

DUI / OVI FAQ

DUI / OVI Court Process

DUI / OVI Field Sobriety Tests

Driver Intervention Programs

Yellow License Plates

Secure Continuous Remote Alcohol Monitoring (SCRAM)

Ignition Interlock

Driving Privileges

Vehicle Forfeiture and Immobilization

Ohio DUI / OVI Driver’s License Points

Court Suspension of License

Reinstatement of Driver’s License

For more information, consult Johnson Legal, LLC’s DUI / OVI blog.

Columbus and Delaware, Ohio DUI / OVI Attorney

If you have been arrested for a DUI / OVI Test Refusal in Columbus or Delaware, Ohio, contact Johnson Legal, LLC to discuss your case. Attorney David Johnson is an experienced Delaware and Columbus, Ohio DUI / OVI attorney who will speak with you about the facts of your case and vigorously defend you and your ability to drive. Don’t face the serious consequences and repercussions of a DUI / OVI charge alone. Call Johnson Legal, LLC at (614) 987-0192 or send an email to schedule a consultation.

Johnson Legal, LLC serves the following cities in the central Ohio area for DUI / OVI Defense:

Westerville, Worthington, Columbus, Polaris, Reynoldsburg, Grandview Heights, Shawnee Hills, Bexley, Pickerington, Gahanna, Sunbury, Powell, Upper Arlington, New Albany, Dublin, Hilliard, Lewis Center, Galena, Clintonville, Huber Ridge, Blacklick, Grove City, Delaware, Marysville, Groveport, Newark, Canal Winchester, Obetz, Marion, Mt. Gilead, Pataskala, Granville, Whitehall, Franklin County, Morrow County, Licking County, Union County, Madison County and Delaware County