Ohio Breath Test Refusal

Let Our Toledo Criminal Defense Attorneys Help You Get Your Driver’s License Back

If you refused to take a chemical test after an OVI arrest and automatically got your driver’s license confiscated, it is imperative to obtain legal counsel from an experienced lawyer in order to get your driving privileges back sooner than later. At the Law Office of Lorin J. Zaner, we are committed to helping you get your life back to normal. With more than 40 years of experience helping clients throughout the community, our Toledo criminal defense lawyers have a thorough understanding of Ohio law to guide you through the complexities of the legal system and get the best results possible.

Implied Consent in Ohio

Ohio law requires you take a breath, blood, or urine test if you are arrested for an OVI. According to the law, if you are lawfully arrested by a law enforcement official who has probable cause to believe that you have been operating under the influence, then you automatically consent to take a chemical test to determine your BAC level.

  • Refusal to take the test will result in the following penalties:
  • First offense – One year of license suspension
  • Second offense within six years – Two years of license suspension
  • Third offense within six years – Three years of license suspension

For any subsequent refusal, you will lose your license for five years. Additionally, you have to pay a $475 fine to get your license back after your license suspension concludes.

On the other hand, a driver is allowed to refuse a preliminary breath test without a license suspension or other penalties. The purpose of the preliminary breath test is to support probable cause for an OV arrest.

Call (419) 741-4050 for a Free Consultation Today

Our Toledo criminal defense attorneys have an exceptional track record of results including trial victories, acquittals, dismissals, and charge reductions. We understand what it takes to protect your rights and your future.

Contact us and discuss your legal options immediately.

The Trusted Choice

  • Our firm has helped clients throughout the community since 1976.
  • Our lawyer handles cases in State or Federal courts of Ohio & Michigan.
  • Our firm is prepared to take cases to a trial by jury.
  • Our firm is led by a trial-tested defense lawyer with an outstanding record.
  • Toledo Bar Association
  • Ohio State Bar Association
  • State Bar of Michigan
  • Ohio Association of Criminal Defense Lawyers
  • National Association of Criminal Defense Attorneys