OVI Chemical Test Refusal
ORC 4511(B)
Do I Have a Right to Refuse a Chemical Test?
You have a right to refuse a breathalyzer, urine, and/or blood test. However, once you are arrested, a refusal may result in an administrative license suspension if the charges are warranted, subject to the court granting driving privileges. It is important to note that sometimes the charges are invalid because the officer did not follow proper procedure. At Funkhouser Law, we will fight the charges against you and determine if they were unwarranted or invalid. The length of the suspension depends on how many times a person previously refused a chemical test as outlined in the chart below.
What is the Penalty for Refusing a Breathalyzer Test?
What Should I Do if I’m Pulled Over?
Most people are aware of the fact that they do have a right to refuse a breathalyzer test. However, not very many people are aware that they can also, and should until an attorney advises otherwise, refuse to take the field sobriety tests (Horizontal Gaze Nystagmus [pen test], Walk and Turn, and One Leg Stand). At Funkhouser Law, we recommend contacting our office to discuss this choice or, if that is not possible due to the circumstances, refusing the chemical or breathalyzer test and the field sobriety tests until you have the opportunity to speak with legal counsel.
Real Experiences from Our Clients
Dedicated to Your Defense
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“His character, experience, and work ethic make him an ideal Lawyer.”- Dan R.
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“I sincerely felt like he had my best interests in mind and worked to get a fair and favorable outcome for me.”- C.M.
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“As a lawyer I understood the problems facing me when I was cited for OVI. I knew Doug and his reputation, but still had much trepidation about my case. Through the course of his representation he alleviated these concerns and kept me calm.”- R.B.
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“I contacted Doug and he returned my call in a fast timely fashion, answering all my questions and making me feel confident about my case.”- J.E.
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“He saved me over $6,000 in fines and court costs.”- J.J.
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“So we were confused and disoriented but Mr. Funkhouser was really patient and highly professional every time we called or met with him.”- E.J.
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“We will always recommend Doug and wish him endless success and prosperity in every challenge he faces.”- LF & TF
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“Now whenever someone needs legal services or advice, I immediately refer them to Doug Funkhouser because I know he will do a superb job of defending them.”- C.G.
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“He treated my case like he was fighting to save himself.”- J.L.