Let us begin by making it clear that it is crucial to assume responsibility for the steering wheel and never drive under the influence. However, there are situations where you might be stopped in Ohio based on suspicion of alcohol consumption and required to take an alcohol test, which you might choose to refuse.
But what happens then?
**Event 1: Legal Consequences**
Refusing an alcohol test in Ohio could lead to legal repercussions. As per the Ohio Revised Code (ORC) 4511.197 (B), "a driver who, upon being requested or stopped by a police officer, refuses to submit to a test to determine the driver’s blood-alcohol concentration commits a minor misdemeanor and shall be fined not less than one dollar nor more than three hundred seventy-five dollars and may be ordered to perform twenty-four hours of community residence or fifty hours of public service." Furthermore, the refusal might also result in an automatic one-year license suspension.
**Event 2: Administrative Consequences**
Beyond legal consequences, administrative repercussions can arise. The Ohio Department of Motor Vehicles has the authority to suspend your driver’s license for a minimum of one year if you refuse an alcohol test.
Case Examples
Attorney Susan Smith recounts a case where a young couple was stopped on suspicion of alcohol consumption. While preparing for the breathalyzer test, they were removed from their car and it started raining. The couple refused the breathalyzer test, fearing that their licenses would be revoked even though neither had consumed alcohol. Their fears materialized, and both were banned from driving for a year.
Alternatives
Instead of an alcohol test, you can explore other options in Ohio to avoid arrest.
These alternatives include:
- Blood Sample: If a blood test is your preference instead of a breathalyzer test, make sure to discuss this with the police and undergo the procedure at a hospital.
- Presence of an Attorney: Having a lawyer present during the testing process can help you assert your rights and potentially delay or even dismiss the test.
- Open Container: Ohio law permits passengers to carry open containers of alcohol within a vehicle, as long as they have not consumed any alcohol.
Frequently Asked Questions (FAQs)
- How long will my driver’s license be suspended if I refuse an alcohol test?
A: Your driver’s license will be suspended for a minimum of one year. - Can I opt for a blood test instead?
Yes, you can negotiate with the police for a blood test and undergo the procedure at a hospital. - How do I hire a lawyer if I get arrested?
You can contact the American Bar Association attorney referral service by phone to receive a list of local lawyers.