Do you have to provide a blood test when asked?
If you are arrested for Operating a Vehicle while Intoxicated (OVI) in the state of Ohio, you are lawfully required to submit to a blood, breath or urine test. This is because of Ohio’s “implied consent law,” which basically states that by driving on Ohio’s roadways you automatically consent to taking a chemical test of the officer’s choosing within two hours of being arrested.
What may not be commonly known is that, even if you are sitting in a parked car, you can still be charged with OVI. The law state that if you are “in control” of the vehicle, meaning that you are in the driver’s seat and you have the keys in your possession, you are subject to the same charges as if you were driving the car down the road.
If you refuse to take the test…
It does not help you to refuse to take a blood test when you are arrested for an OVI in the state of Ohio. As a matter of fact, under the implied consent law, refusal can be used as evidence that you were intoxicated and guilty of the OVI.
Regardless of your guilt or innocence, if you refuse to submit to a blood test after an OVI arrest, you will automatically lose your license for an entire year. If you are arrested for OVI and it is your second refusal, that suspension is increased to two years, and for three years for your third refusal. Any prior OVI convictions will count against you and increase the time of your suspension.
If you have two or more OVI convictions within the past six years, the arresting officer has the legal right to use reasonable force to obtain a blood test to measure your blood alcohol level. Reasonable force can include the officer physically restraining your arm so a nurse can draw your blood without your consent.
If you are facing an OVI/DUI arrest, the law office of Skip Potter is available 24/7, day or night. For a free DUI/OVI defense consultation to discuss your OVI arrest, contact Skip Potter at 419-353-SKIP.