In Ohio, if you get pulled over for an OVI (operating a vehicle under the influence) and the officer asks you to take a blood, breath, or urine test, do you have to take one? What happens if you refuse?
Implied Consent
Ohio law requires you to take a blood, breath, or urine test if you are arrested for an OVI. Ohio’s “implied consent” law says that if you are lawfully arrested by an officer who has probable cause to believe that you have been operating under the influence, then you consent to taking a chemical test of your blood, breath, or urine for the purpose of determining your blood alcohol content (BAC). The test must be taken within two hours of driving and the officer gets to choose which test you take.
You could be arrested for an OVI even if you are not driving. If you have physical control of a vehicle while under the influence, then that can be enough for an officer to arrest you. In Ohio, physical control of a vehicle means being in the driver’s seat and having the keys, even if the keys are not in the ignition.
You can read Ohio’s implied consent law in the Ohio Revised Code 4511.191. For more on physical control of a vehicle, see Ohio Revised Code 4511.194.
Should you find yourself in a situation where you are cited for an OVI/DUI, feel free to contact our office for representation.
*Check back next week for Part 2 of Ohio OVI/DUI: Refusal to Take a Blood, Breath, or Urine Test
Source: http://dui.drivinglaws.org/resources/dui-refusal-blood-breath-urine-test/ohio.htm
